What legal remedies exist for victims of online harassment?
Joginder Singh Rohilla
Advocate at High Court of Madhya Pradesh, Indore | Civil & Criminal Lawyer In Indore
Legal Remedies for Victims of Online Harassment in India
Online harassment is a growing concern in today’s digital age, where individuals often face threats, abuse, defamation, or stalking through social media, messaging platforms, or other digital means. To address this, Indian law offers various legal remedies under several legislations such as the Bharatiya Nyaya Sanhita, 2023 (BNS), Information Technology Act, 2000 (IT Act), and other specific laws aimed at protecting the rights and dignity of individuals online.
Types of Online Harassment
1. Cyberstalking
- Repeatedly following someone online, sending unsolicited messages, or intruding into their digital privacy.
2. Online Defamation
- Publishing false information or statements online to harm someone's reputation.
3. Morphed Images and Revenge Porn
- Circulating altered pictures or videos with intent to harm a person's dignity or reputation.
4. Sexual Harassment
- Sending obscene or inappropriate messages, explicit images, or making offensive remarks.
5. Cyberbullying
- Using digital platforms to threaten, abuse, or bully individuals.
6. Hacking and Identity Theft
- Gaining unauthorized access to someone’s personal accounts or stealing their identity for fraudulent purposes.
Key Legal Provisions for Online Harassment
1. Information Technology Act, 2000
- Section 66A (Struck Down)
- Earlier penalized offensive messages but was struck down by the Supreme Court.
- Section 66C
- Addresses identity theft and the fraudulent use of electronic signatures or passwords.
- Punishment: Up to 3 years imprisonment and fine.
- Section 66E
- Punishes the act of sharing private pictures of someone without consent.
- Punishment: Up to 3 years imprisonment or fine of ?2 lakh, or both.
- Section 67
- Penalizes publishing or transmitting obscene content.
- Punishment: First conviction—up to 3 years imprisonment or fine of ?5 lakh; subsequent conviction—up to 5 years or fine of ?10 lakh.
- Section 67A
- Covers sexually explicit material shared without consent.
- Punishment: First conviction—up to 5 years imprisonment or fine of ?10 lakh; subsequent conviction—up to 7 years or higher fines.
Steps Victims Should Take
1. Collect Evidence
- Take screenshots, save emails, or record messages of the harassment to use as evidence.
2. Block and Report
- Use the blocking and reporting tools provided by social media and digital platforms. Platforms like Facebook, Instagram, and WhatsApp offer mechanisms to report harassment.
3. File a Complaint on the National Cyber Crime Portal
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- Victims can register complaints
4. Approach the Nearest Police Station
- Victims can lodge an FIR under the BNS, IT Act, or other relevant laws. Cyber Police stations are available in major cities for specialized handling.
5. Contact Women’s Helpline or Support Groups
- The Women’s Helpline Number (181) can assist women facing online abuse.
6. Court Remedies
- If police action is unsatisfactory, victims can file private complaints or writ petitions in courts. Injunctions may be sought to restrain the harasser.
Preventive Measures to Avoid Online Harassment
1. Strengthen Privacy Settings
- Regularly update privacy settings on social media accounts to restrict access to unknown individuals.
2. Avoid Sharing Personal Information
- Refrain from posting sensitive information or personal updates publicly.
3. Use Strong Passwords
- Enable two-factor authentication and use strong passwords for online accounts.
4. Be Cautious About Clicking Unknown Links
- Avoid clicking suspicious links or downloading unknown attachments.
5. Educate Yourself
- Stay informed about cyber laws and your rights as an internet user.
FAQs on Online Harassment
Q1. Can anonymous online harassment be traced?
Yes, cybercrime investigation agencies can trace IP addresses and account details, even for anonymous offenders.
Q2. Do I need a lawyer to file a complaint?
No, you can file a cybercrime complaint directly. However, consulting a lawyer can help you better navigate complex legal provisions.
Q3. What should I do if I receive inappropriate messages?
Save the messages as evidence, block the sender, report the content on the platform, and file a complaint with the Cyber Cell or local police.
Q4. Can online platforms take action against harassers?
Yes, platforms often suspend or delete accounts of users violating their community standards after reporting.
Q5. What happens if the police do not register my FIR?
You can approach a magistrate under Section 175(3) of the BNSS to direct the police to register an FIR.
Conclusion
Victims of online harassment in India have various legal remedies to protect their rights and seek justice. The effective use of laws such as the BNS and IT Act, combined with proactive reporting and preventive measures, can significantly reduce the prevalence of online abuse. Awareness and timely action are crucial in combating this modern menace effectively.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304