Abstract
The prominent issue of cyberbullying, is one faced by teenagers among India on a regular basis. This results in immense emotional and psychological distress. The Information Technology Act was enacted in the year 2000 to tackle various cybercrimes, such as cyber bullying. This research paper explores the extent to which the act addresses the issue of cyberbullying among teenagers in India. Through reviewing already existing literature and embodying insights from an interview conducted with a counselling and clinical psychologist and certified parenting coach in Haryana, India, this research paper aims to assess the effectiveness and efficiency of the Information Technology Act and suggest tentative improvements.
Introduction
The Information Technology Act of 2000 plays a crucial role in imparting a legal basis to address cyberbullying in India however, it’s effectiveness is hindered and limited due to evolving digital behaviour and challenges in enforcement. Cyberbullying, defined as the use of technology to harass, threaten, or target other people, typically by sending messages that incorporate a threatening or intimidating nature, has surfaced as a crucial social issue in the country of India. Teenagers are now evolving to become reliant on various forms of technology for of social interactions, communication, education, and entertainment. As this cohort becomes increasingly indulged in the digital realm, the need for the existing legal framework to adapt to effectively safeguard them by the advancing threats presented by cyber bullying subsequently increases.
Literature Review
Cyberbullying Trends In India
Cyberbullying in India has been documented extensively in recent years. Studies highlight that anyone can be cyberbullied in today’s day and change. Research by Rovenstine, R. and SingleCare (2024) found that 95% of children between the age of three and eighteen have access to the internet. The study conducted also identifies India as the number one country in which parents report cyberbullying with a rate of 38%. Research by Shivangi G. and Sapna S. (2023) accentuates the top three types of cyberbullying reported In India which are name calling (34%) followed by spreading false rumours (39%), and getting kicked out of chat rooms or groups (35%). Their research further identifies that 48% of children in India reported cyberbullying they understood, compared to 21% of children worldwide, while 46% of children reported cyberbullying a stranger. This further proves the need for legal action to be taking toward the issue of cyberbullying in India and that there are gaps present in the legal framework that addresses cyberbullying.
Limitations In the IT Act
The information technology act is comprehensive in it’s scope however, it exhibits numerous shortcomings when it comes to efficiently tackling cyberbullying. "What you need to know about cyberbullying and its legal remedies" an article by Vibha Swami outlines several aspects that accentuates these inadequacies.
- Lack of detailed provisions: The act itself does not consist of specific provisions solely to address cyberbullying but instead vaguely categorizes it under general cybercrime provisions which can subsequently lead to inconsistency and hindering of the application and enforcement. Swami states "In actuality, there are no particular laws that deal with cyberbullying but provide punishment for cyberbullying on different provisions" (Swami, 2024).
- Enforcement Challenges: There are crucial enforcement challenges solely because of a lack of awareness and training among law enforcement officials. Due to this, there is underreporting and lack of quality in handling cyberbully cases. Swami mentions, "The causes of cyberbullying are unknown, but it is widely accepted that the anonymity of social media gives individuals the courage to commit this type of crime" (Swami, 2024) this indicates the intricacies involved in prosecuting and identifying offenders of this crime.
- Insufficient Definitions and Coverage: The Act's imprecise definitions and coverage of cyberbullying create difficulties for those facing legal action. A variety of behaviours, including harassment, doxing, and cyberstalking, are included in cyberbullying; nevertheless, the Act does not specifically cover these types of actions. In the article she wrote, Swami highlights the different types of cyberbullying that frequently evade the current legal system, such as exclusion, harassment, and trolling (Swami, 2024).
Impact Of The IT Act of 2000 On Cyberbullying
The IT Act of 2000 was initiated in order to effectively address various cybercrimes and ensure the safety and security of people in the digital realm. Section 66A of the act which penalized sending offensive messages through technology/communication services was a highly significant provision against cyberbullying however, in 2015 this section was struck down by the Indian supreme court over the potential misuse of it to curb free speech. In spite of this, there are other provisions that still stand that effectively address cyber bully such as section 67 which clearly prohibits the publication of obscene material still stand and play a role in combatting cyberbullying.
Methodology
In order to assess the effectiveness of the Information Technology Act of 2000 in addressing the problem of cyberbullying amongst teenagers in India, this research consists of a qualitative approach. An intricate literature review was conducted already existing data and point of view’s on the IT Act and cyberbullying in India. Furthermore, there was one interview conducted with Ms. Megha Mathur; a counselling and clinical psychologist and certified parenting coach, as her view played a key role in my research as she experiences the effect it has on teenage victims first-hand which can help understand the phycological effect of it and how the implications of the IT Act have played a role in these situations.
Findings
Literature Review Findings
The literature review accentuates the crucial prevalence of cyberbullying among teenagers in India, with the country having the highest global rate of reported incidents (Rovenstine & SingleCare, 2024). The most common types of cyberbullying are name-calling, spreading false rumors, and exclusion from groups (Shivangi G. & Sapna S., 2023). The Information Technology Act of 2000, while may be a significant legal framework, it lacks specific provisions for cyberbullying, leading to inconsistent enforcement and application (Swami, 2024). The striking down of Section 66A, which had penalized sending offensive messages, has created major gaps in addressing cyberbullying efficiently. Although Section 67 prohibits the publication of obscene material, its broad scope and imprecise definitions limit the effectiveness of the act. This evidence supports the hypothesis that while the IT Act provides a foundational legal basis, its current form is insufficient for tackling the evolving issue of cyberbullying among teenagers in India. Detailed provisions and legal reforms are necessary to enhance its effectiveness and efficiency.
Interview Findings
Ms. Megha Mathur, a counselling and clinical psychologist and certified parenting coach who has helped with the implementation of several initiatives and programs aimed at combating cyberbullying, was interviewed. Her knowledge is essential to comprehending the psychological and emotional toll that cyberbullying has on young people and the effectiveness of the current remedies. Because social media is so widely used, Ms. Mathur stressed, cyberbullying has a detrimental effect on teens' self-esteem and self-concept, which heightens psychological pain and self-doubt.
She and her coworkers assist in implementing extensive awareness programs and campaigns regarding the proper use of social media, which involve specialists and cyber safety seminars, in order to support people affected. When required, she also provides individual counselling. As Ms. Megha noted, "If we have more conversations on it, they are certainly very effective." these interventions are effective overall, but they need to be consistent to stay that way, proving the need for the existing policies in the IT Act to be updated.
Most of Ms. Mathur's collaborations are with NGOs and outside agencies, while she does work with one expert who is officially employed by the government. This shows that the Information Technology Act's vague provisions have resulted in inadequate solution implementation. Despite its essential nature, the IT Act does not have strong enforcement mechanisms or explicit recommendations to handle cyberbullying in its entirety. This absence of information highlights the idea that the IT Act in its current form is insufficient to effectively address cyberbullying among minors and forces reliance on outside organisations to fill in the gaps. Improving the legal framework's clarity and uniform application is crucial to improving the safety and assistance provided to victims of cyberbullying.
Discussion
The Information Technology Act of 2000 (IT Act) represents a progressive endeavour to tackle cybercrimes in India; yet, it falls short in addressing teenage cyberbullying. Cyberbullying is not particularly addressed by the Act's general cybercrime provisions, which results in uneven enforcement. Legal loopholes were further revealed in 2015 with the repeal of Section 66A, which had penalised abusive messages. Although obscene material is still prohibited by Section 67, it does not sufficiently address the range of cyberbullying behaviours. Law enforcement officers do not receive enough specialised training, which leads to underreporting and poor case management. The observations made by Ms. Megha Mathur emphasise the serious psychological effects of cyberbullying and the need for outside assistance. The Act should include explicit prohibitions against cyberbullying, improve law enforcement training, and include preventive measures in order to be more successful. It should also undergo frequent modifications to be up to speed with emerging digital risks.
Rebuttal
This paper accentuates the ways in which the Information Technology Act of 2000 falls short in addressing cyberbullying amongst adolescents. It's important to remember that the courts have since amended the IT Act, which was an early attempt to tackle cybercrimes. It's important to recognise that the removal of Section 66A was done safeguard free speech. Cyberbullying is also addressed by laws that are similar to and are still being updated, such as the Protection of Children from Sexual Offences Act. Acknowledging these advancements may help to improve the impartial assessment of India's legal framework's shortcomings and areas for improvement in the fight against cyberbullying.
Conclusion
In conclusion, the Information Technology Act of 2000 did not adequately address teenage cyberbullying, despite being a critical initial step in the fight against cybercrimes in India. The broad provisions of the Act and the elimination of Section 66A have resulted in gaps in the regulation of the complexities surrounding cyberbullying. Section 66E, 67, and 507 is still in force, however it does not completely address the spectrum of actions connected to cyberbullying. It is crucial to include preventive measures, enhance law enforcement training, and include specific provisions for cyberbullying in order to increase the effectiveness of the Act. The legislative framework needs to be updated frequently in order to adequately safeguard minors and meet emerging digital risks.
References
Rovenstine, R., Rovenstine, R., & SingleCare. (2024, January 24). Cyberbullying statistics 2024. The Checkup. https://www.singlecare.com/blog/news/cyberbullying-statistics/#:~:text=The%20top%20three%20countries%20where,reviewed%20by%20Josephine%20Bawab%2C%20Pharm.
Kapoor, V. (2024, July 10). What you need to know about cyberbullying and its legal remedies - iPleaders. iPleaders. https://blog.ipleaders.in/what-you-need-to-know-about-cyberbullying-and-its-legal-remedies/
Ministry of Law, Justice and Company Affairs (Legislative Department). (2000, June 9). The Information Technology Act, 2000. https://eprocure.gov.in/cppp/rulesandprocs/kbadqkdlcswfjdelrquehwuxcfmijmuixngudufgbuubgubfugbububjxcgfvsbdihbgfGhdfgFHytyhRtMjk4NzY=
Gautam, S., & Sharma, S. (2023). Cyberbullying: Repercussions and strategies for its prohibition. Research Communications. https://research-communications.cmpcollege.ac.in/wp-content/uploads/2024/02/21-Shivangi-and-Dr.-Sapna-Sharma-Final.pdf
