PREVENTING CYBER SEXUAL HARASSMENT IN DIGITAL AGE
Abstract:
In the rapidly evolving digital age, the proliferation of online platforms has brought about unprecedented connectivity. However, this interconnectedness has also given rise to new challenges, one of the most pressing being cyber sexual harassment. As we navigate this digital landscape, it becomes imperative to understand the nuances of online behaviour and adopt strategies to prevent and combat such harassment effectively.
Introduction:
Cyber sexual harassment refers to the use of digital communication channels, such as the internet or social media, to engage in unwanted sexual advances, explicit content, or any form of online behaviour that creates a hostile or uncomfortable environment for the victim. It involves using technology to harass, intimidate, or coerce someone in a sexually explicit or suggestive manner.
Section 354A of the Indian Penal Code deals with the term sexual harassment and provide punishment for sexual harassment. According to this , Punishment for sexual harassment-
(1) A person committing any of the following acts—
Shall be guilty of the sexual harassment.
(2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with? imprisonment for a term which may extend to three years, or with fine, or with both.
(3) A man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.”
Types of cyber sexual harassment:
Cyber sexual harassment can take various forms, including:
1.Unwanted Sexual Messages: Sending explicit or unsolicited sexual messages through digital platforms.
2.Non-consensual Sharing of Intimate Content (Revenge Porn): Sharing private, explicit images or videos without the consent of the person depicted.
3.Online Sexual Harassment: Harassing someone through sexually suggestive comments, emails, or messages on social media platforms.
4.Sexual Cyberbullying: It includes using online platforms to engage in bullying of a sexual nature, including spreading rumours, making derogatory comments, or creating fake profiles.
5.Stalking and Monitoring: Using technology to stalk or monitor someone’s online activities, often with a sexual motive.
6.Sexual Exploitation: Exploiting someone sexually through online means, such as coercing them to engage in explicit activities on camera.
7.Unwanted Sexual Messages: Sending explicit or unsolicited sexual messages through digital platforms.
8.Non-consensual Sharing of Intimate Content (Revenge Porn): Sharing private, explicit images or videos without the consent of the person depicted.
9.Online Sexual Harassment: Harassing someone through sexually suggestive comments, emails, or messages on social media platforms.
10.Stalking and Monitoring: Using technology to stalk or monitor someone’s online activities, often with a sexual motive.
11.Sexual Exploitation: Exploiting someone sexually through online means, such as coercing them to engage in explicit activities on camera.
12.Sexual Harassment in Online Gaming: Unwanted sexual comments, advances, or explicit behaviour directed towards players in online gaming environments.
13.Catfishing: Creating a fake online persona, often with a sexual motive, to deceive and manipulate someone emotionally or sexually.
14.Sexual Trolling: Deliberately posting inflammatory or offensive comments of a sexual nature online to provoke and upset others.
15.Harassment through Dating Apps: Sending explicit or inappropriate messages on dating apps without the recipient’s consent.
16.Sexual Coercion through Blackmail: Threatening to expose personal, intimate information unless the victim complies with sexual demands.
17.Sexual Harassment in Virtual Reality (VR): Unwanted sexual advances or actions within virtual reality environments.
Legal Provisions:
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There are certain laws in India that provide protection against cyber sexual harassment, including sections 66A, 66C, 66D, 66E, 67, 67A, and 72 of the Information Technology Act, 2000, also sections 354C, 354D, and 509 of the Indian Penal Code. Above sections of IT act cover cyber defamation, trolling, cyber pornography, online impersonation, and privacy infringement, while the Indian Penal Code offers protection against acts of cyberstalking and voyeurism. The Criminal law Amendment Bill which was passed in 2013 has expanded the scope of provisions under 354A, 354C and 354D to include harassment of women happened? through electronic media.
Voyeurism: Section 66E of the IT Act criminalizes voyeurism. Voyeurism is the act of knowingly or unknowingly capturing photos of a person’s private areas without their consent, sharing them with others, or publishing them against their will. They may face imprisonment for up to 3 years and fines up to two lakh rupees.
?It is a criminal offense to publish or transmit sexually explicit material online under? Section 67A of the IT Act. Punishment for this crime includes imprisonment of up to 5 years and a fine that may extend to ten lakh rupees. Repeat offenses carry a heavier penalty, with imprisonment of up to 7 years and a fine that may extend to ten lakh rupees.
Sharing Obscene Messages:
Section 354A of IPC deals with the offense of sharing pornographic or sexually explicit material without a woman’s consent, which is considered sexual harassment through social media. Punishment for this offense includes imprisonment for up to 3 years, a fine, or both.
Section 292 of IPC makes it illegal to sell, distribute, exhibit, or possess any obscene material, including books, drawings, and other objects. The Punishment for such an offense is imprisonment for up to 2 years and a fine of up to two thousand rupees.?
Section 294 of IPC it criminalizes obscene acts or the use of obscene language in public places or nearby public areas. Such offenses are punishable by imprisonment for up to 3 months, a fine, or both.
The Impact of cyber sexual harassment can be profound and may include:
1.Emotional Distress: Victims often experience significant emotional distress, including anxiety, depression, and feelings of shame or guilt.
2.Psychological Impact: Cyber sexual harassment can lead to long-term psychological effects, such as post-traumatic stress disorder (PTSD) and a diminished sense of self-worth.
3.Isolation: Victims may withdraw from social interactions, both online and offline, as a result of the harassment, leading to feelings of isolation and loneliness.
4.Professional Consequences: In some cases, cyber sexual harassment can affect a person’s professional life, including damage to their reputation or career.
5.Physical Health Issues: The stress and anxiety caused by cyber sexual harassment can contribute to physical health problems, such as headaches, digestive issues, or sleep disturbances.
6.Impact on Relationships: Victims may experience strain on their personal relationships, as the effects of cyber sexual harassment can spill over into their interactions with family and friends.
7.Fear and Anxiety: The fear of continued harassment or the threat of exposure may create a constant state of anxiety for victims.
8.Cyber Vigilance: Victims may become hyper-aware and vigilant about their online presence, leading to a reduced sense of safety in digital spaces.
Certain measures taken by the Government to Prevent Cyber Sexual Harassment:
1.The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 hold social media platforms accountable for user safety by empowering users and requiring intermediaries to adopt a robust grievance redressal mechanism. Intermediaries must communicate their terms and conditions, including not allowing any content which is harmful, unlawful, obscene, invasive of another’s privacy, and remove any information violative of Indian law. Additionally, Significant Social media Intermediaries (SSMI) are required to proactively identify child sexual abuse material using technology-based measures.
2.The Indian Cyber Crime Coordination Centre (I4C) was created by the Government under the Ministry of Home Affairs to provide a comprehensive and coordinated framework for law enforcement agencies to combat cyber crimes.
3.The ‘Cyber Crime Prevention against Women and Children (CCPWC)’ project is implemented under the Nirbhaya Fund to raise awareness about cyber crimes, issue alerts/advisories, provide capacity building/training for law enforcement personnel/prosecutors/judicial officers, and improve cyber forensic facilities.
4.The National Cyber Crime Reporting Portal has been launched as part of a project to enable the public to report incidents of cyber crimes, with a focus on those against women and children. There js a toll-free number – 1930 has been set up to assist in lodging online complaints, and incidents reported on the portal are automatically routed to the relevant states for further handling based on the information provided by the applicant.
Effective Techniques for Prevention of Cyber Harassment:
1.Set strong privacy settings: Limit people from viewing your posts and personal information.
2.Be selective about online connections: Be cautious about accepting friend requests or connections from people you don’t know.
3.Be careful with your photos: Avoid posting revealing photos of yourself online, especially if they can be easily shared or copied.
4.Use a strong password: Choose a strong password that is difficult to guess.
5.Educate yourself: educate about different forms of cyber sexual harassment and how to identify them.
6.Report any harassment: Report to the appropriate authorities if you experience cyber sexual harassment.
Conclusion:
In the digital age, preventing cyber sexual harassment requires a multifaceted approach that combines education, technology, legal frameworks, and community engagement. By fostering a culture of respect, promoting digital literacy, and holding individuals accountable for their actions, we can work towards creating online spaces that are safe, inclusive, and conducive to positive interactions. As we navigate the complexities of the digital landscape, the collective efforts of individuals, communities, and policymakers are essential to building a future where cyber sexual harassment is not tolerated.