Effective Laws Needed To Combat Cyber Bullying In Age Of Social Media But Even Newly Enacted BNS Failed To Address It: Kerala High Court

The Kerala High Court has expressed concerns over the absence of legal provisions to effectively combat cyberbullying and online harassment and remarked that cyberbullying in the form of abusive remarks or derogatory content towards others is inadequately being addressed through the current legal framework. Noting that even the recently enacted Bhartiya Nyaya Sanhita 2023 has no direct provisions on cyberbullying, Justice C. S. Sudha observed that online harassment which does not have sexual overtones also needs to be addressed. “It is of grave concern that, in this digital age, there is a lack of comprehensive and effective legislation to combat such misconduct, which, in my view, necessitates the urgent attention of the authorities concerned...However, there remains a conspicuous absence of legal provisions that directly address the issue of cyberbullying or online harassment, particularly those incidents devoid of any sexual context. Further exacerbating this concern is the fact that, despite the enactment of the Bharatiya Nyaya Sanhita, 2023, in 2024, no legal provisions have been introduced to specifically address this form of online harassment. This gap in the legal framework, in my opinion, requires immediate rectification by the authorities concerned to ensure that cyberbullying, in all its forms, is adequately regulated. To date, no other relevant provisions have been brought to my attention by either party.”The Court was considering an appeal by an accused booked under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act., Information Technology Act and IPC, who was denied anticipatory bail by the Sessions Court. The case against the appellant/accused is that he downloaded videos uploaded by an editor of True T.V, in which the complainant (respondent no. 2) was shown as a person arrested for immoral traffic and edited the video to include an interview with the complainant's husband. In the video by the appellant on his YouTube channel, Visal Media, the complainant was described as having deserted her husband and engaging in immoral activities with multiple men. The complainant stated that he had forgiven the complainant after she eloped with another man, but she did not mend her ways after that and was still leading a wayward life. The video described her as a drug addict and belonging to a sex racket and also showed her in a room with another man.The appellant was booked for offences under Section 354A(1)(iii) (showing pornography against the will of a woman), 354 A(1)(iv) (making sexually colured remarks), 509 (word, gesture or act intended to insult the modesty of a woman) of the Indian Penal Code, Sections 66E (punishment for violation of privacy), 67A (punishment for publishing or transmitting of material containing sexually explicit act etc., in electronic form) of the IT Act and Section 3(1)(r),(s), w(ii) and Section 3(2)(va) of the SC ST Act. The appellant contended that the materials on record did not make out any offences under the SC/ ST Act. He said that he did not mention the caste name of the complainant in the video. The accused relied on Hitesh Varma v State of Uttarakhand (2020) where the Supreme Court held that an insult to person is not an offence under the SC/ ST Act unless the insult is made on account of the person belonging to Scheduled Caste/ Tribe. He argued that therefore the offence under Section 3(1)(r) of the Act won't stand and the bar under Section 18 or 18A of the Act (bar on giving anticipatory bail) would not attract in this case.After seeing the video, the Court opined that the content of the video was derogatory and constituted online harassment. It said, "The content of the video in question is indisputably derogatory and constitutes a clear instance of online harassment and abuse directed at the 2nd respondent/informant."Expressing serious concerns over the increasing instances of cyberbullying, the Court remarked that many individuals are evading accountability after making derogatory and abusive remarks against others. “In this era of social media, individuals operate under the misconception that the right to freedom of speech and expression allows them to produce any form of content, make unfounded criticisms, issue abusive remarks or engage in derogatory conduct towards others, all while evading accountability. This raises serious concerns, particularly in the light of the growing prevalence of cyberbullying, a phenomenon that remains inadequately addressed by current legal frameworks.”The Court pointed out that though Indian Penal Code had provisions relating to stalking and voyeurism, there was no law to address this form of online harassment. The Court also highlighted that even the IT Act does not define or address cyberbullying. The Court opined that the authorities need to look into this gap in legal framework.Pursuing the video, the Court noted that the appellant in the video stated that the complaint gave a false complaint...

Effective Laws Needed To Combat Cyber Bullying In Age Of Social Media But Even Newly Enacted BNS Failed To Address It: Kerala High Court

Manju Elsa Isac

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