Cyber Bullying - An Insight
Author: LawSphereX
Category: Technology, Cyber & Privacy
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CYBER BULLYING: AN INSIGHT
K. Shanmukha Harshitha, Damodaram Sanjivayya National Law University
ABSTRACT
Across the world, many developing or developed countries were moving forward with many inventions. Human beings have evolved from the stonage to the digital era with many inventions and creations. The Internet is the most significant invention of humanity. Today's generation is very well-versed with internet access. This most considerable invention has both advantages and disadvantages. Many individuals use the Internet for growth and development, but some may misuse it. This issue creates a challenge for society. That issue is cyberbullying, which must be curtailed. It delves deeper into cyberbullying, which is the usage of Internet or mobile technology to harass, intimidate or cause harm to another. This cyberbullying is rapidly increasing along with the development of the country. For the growth and development of an individual, internet access is essential.
However, using this badly creates societal challenges that hinder the country's development. This article also considers how social media platforms evolve and their impact on individuals. This article deals with various highlights, like how cyberbullying is affecting individuals, focusing on their emotional, mental, and psychological distress. It would cover all these principles and elements in detail. It would grant a general understanding of the same along with the essentials, cases, and examples of the same as fit for the respective topic. This article will deal with the recommendations and conclude that a practical approach is required for every creation or innovation that must be used in a good way for the growth and development of society but not to cause harm to others.
INTRODUCTION
Cyberbullying has emerged as a major significant challenge in today's digital age. cyberbullying is when individuals with access to the Internet cause harm to others. This bullying can be many forms, which include social media, messaging apps or email to harass. In the early days, weak persons were bullied by stronger individuals in classrooms or schools; this was gradually changed with the rapid evolution of technology, and the widespread accessibility of the Internet has amplified the reach and intensity of this issue with the internet access people being affected by the online abuses. While digital platforms have revolutionized, now people connect with others, sharing information from one person to another, expressing their opinion to the public or commenting or sharing views on a particular topic or idea; this can be helpful for others to get a basic idea on something.
However, with society changing, human intentions also changed. This social media platform must be used in an effective way for the person's growth and development, but some individuals use it inappropriately to cause harm to others via various means, such as texts, emails, etc. , which affects society. This societal challenge must be curtailed because it hinders the country's development. In every developing country, like India, youth are essential to the country's growth and economy. But many young people were being affected, especially children and teenagers. So, the rise of cyberbullying has prompted efforts to combat it, from enacting stringent laws to launching educational campaigns. They can also use the evolving nature of technology and creativity for constant vigilance and addressing this issue.
So, this situation can be addressed with government actions like strict laws on cyberbullying to address all forms of online abuse and involve parents and educational institutions. CYBERBULLYING As the use of digital technology has surged in recent years, CYBERBULLYING has become increasingly prevalent, particularly among children and teenagers. Cyberbullying is the usage of electronic communication to harass, threaten or humiliate individuals. There are many forms of bullying including sending mean texts or emails, posting hurtful messages on social media, spreading rumors.
Cyberbullying may include the following actions: • Posting embarrassing or intimate photos of someone online • Sending threatening or cruel text/instant messages or emails • Creating a website to mock or embarrass someone • Pretending to be another person by using their name or other personal information • Tricking a person into divulging personal or embarrassing information and forwarding it to other people 1 IMPACT OF CYBER BULLYING Cyberbullying has a major impact on the victims especially children, teenagers and adults. Traditionally, children were bullied by the strongest peers or friends in the school but with the changing society many people have internet access, now days the bullying is happening in online which causes major impact on the children’s because they don’t know to do. Whom to tell, what to tell, this will be a never-ending continuous loop.
Some children often fear about sharing with their parents because after sharing with them how will they react or what will they scold? these types of thoughts will come into their mind. Some children also think that their parents might take their digital gadgets, so they will not have access to play with them. so they remain silent. 2 This has a lot of impact on their academics, making it difficult to concentrate in school which results in poor academic performance and a desire to skip school. they might also isolate themselves, avoiding friends and social events which exacerbates feelings of loneliness. Teenagers, experience continuous harassment which can diminish their self-worth. some
1 Robert Sheldon, cyber bullying, tech target (December. 2022),
https://www. techtarget. com/whatis/definition/cyberbullying. 2 Sherri Gordon, CLC, the real-life effects of cyber bullying on children and teens, parents (September 19, 2024), https://www. parents. com/what-are-the-effects-of-cyberbullying-460558. people might get tricked by trusting other persons, giving money or sharing their personal information with them which later this was used against them. All this has a great impact on the victims as they are likely to engage in self-harm or consider suicide. Many individuals also face anxiety and depression, which can lead to feelings of hopelessness and despair. CYBER BULLYING LEGISLATIONS AROUND THE WORLD Canada Bill c-13 Canada’s new cyberbullying legislation was enacted to protect the victims from the online bullying and the Canadian Human Rights Act addresses discrimination and harassment online.
3To curtail the issue the government of Canada had implemented many stringent laws. If any person is involved in any of the cyber bullying offences, he was strictly punished according to the law. cyberbullying has impacted many individuals especially children and teenagers, which lost their self-esteem during this phase and this often led to suicides. so, the government in Canada made a move and passed an act, bill c-13 Canadas cyber bullying legislation to protect the individuals from the cyber bullying and to make society free from online crimes. Australia Australia, which is the 2nd highest country in the world to have issues with cyber bullying and mainly children were being impacted by this. Cyberbullying is illegal in this country and crime under criminal code act 1995, can be punished for 3 years of imprisonment.
4The centralized safety commissioner is highly effective in addressing complaints and providing quick resolutions. Threatening, harassing or offending another person using the internet or a device, stalking, intimidating, inciting or encouraging a person to commit suicide all these offences can be punished under the laws. United Kingdom Evolving with the technology, many people were being impacted with the cyber bullying in
3 Michael Kruse, Bill c -13
Canada’s New Cyberbullying Legislation, Kruse Law (august.13,2023), https://www.kruselaw.ca/library/bill-c-13-canada-s-new-cyberbullying-legislation-kruse-law/.
4 Donna Pennell, should Australia have a law against cyberbullying? problematizing the murky legal
environment of cyberbullying from perspectives within schools(may. 28,2021), https://link. springer. com/article/10. 1007/s13384-021-00452-w. various means like stalking, trolling, mobbing, or any form of abuse online. Over half of the United Kingdom youth have faced the problem of cyber bullying. There were many laws like The Protection from Harassment Act, The Malicious Communications Act 1988, The Communications Act 2003, Obscene Publications Act 1959, Computer Misuse Act 1990, The Cyberbullying in the Workplace, Health and Safety and Duty of Care laws which punish all the offenders with the punishment. 5 India Even in India, individuals are experiencing the serious challenge of cyber bullying, but there is no standalone law specifically addressing cyber bullying.
earlier offensive messages were penalized under the Information Technology Act (2000), specifically 66A of IT Act but on March 24, 2015 in the case Shreya Singhal vs Union of India, the Supreme Court has struck down 66A of the Information Technology Act 2000, as it violates the freedom of speech and expression under article 19(1)(a). 6and section 79 of BNS which is out raging the women’s modesty, and section 75 of BNS is sexual harassment which address the online harassment of women. The lack of robust implementation mechanisms results in underreporting of the cases and increasing of crimes. There should be a specific legislation for the cyber bullying, these laws should cover all forms of harassment and make society free form such abuses.
SUGGESTIONS AND RECOMANDATIONS Awareness Campaigns Creating awareness to the people about the cyber bullying particularly among children and teenagers. Incorporating cyberbullying education in school curriculums and through discussions or campaigns in the school students, helps them to recognize, avoid, they can inform or share to closed ones without any fear because students being the victims don’t know how to handle the issue so this often led to suicidal thoughts and report online abuse.
5 Angela Kulevska, cyberbullying statistics for the uk, cyber crew (February.9,2024),
https://cybercrew.uk/blog/cyberbullying-statistics-uk/.
6 Gauri Kashyap, section 66A
the dead law that still haunts India, (July .26,2021), https://www.scobserver.in/journal/section-66a-the-dead-law-that-still-haunts-india/.
Strengthen Legal Frame works Enacting standalone laws specifically targeting cyber bullying. These laws should cover all forms of cyber harassment because the world is evolving so the people are, and the crimes too. cyber bullying is the becoming the challenge to the individuals, and they are being affected by this especially children and teenagers. The government should take action against the challenge to tackle it and to keep the society free from such crimes. Parental guidance Parents should positively approach their children or teenagers, they must communicate positively give support to their children to understand the reality of the situation and encourage open dialogue between them about online safety, creating a positive environment where kids feel safe discussing their problems. 7so being adamant or negative to the children’s is not at all the option or an answer to the abuse.
because every individual need support or help to get out of the situation. rather than being negative or shouting at them, handle them with gentleness or care with your children for a better understanding and relationship between them. Role of Technology and online Platforms With technology and internet access, people are likely to use social media for entertainment, growth or development, etc. social media has an impact on today’s generation because everybody is engaging in that, so it must enforce strict guidelines about online abuse and laws that everyone should aware of and introduce AI driven tools for content moderation to detect and remove harmful content. 8 Platform should simplify reporting the harmful content for review and action for the victims.
CONCLUSION
Cyber bullying has become a major issue affecting individuals across all demographics, especially children and teenagers unlike traditional forms of bullying, it has extended beyond the rapid development of technology. This makes it difficult to the society not only difficult but 7 Emily Helfrich, parental views on preventing and minimizing negative effects of cyberbullying, science direct (November,2020), https://www. sciencedirect. com/science/article/abs/pii/S0190740920306253. 8 Dr. Rajiv Singh, cyber bullying on social networks- a crime in India, volume 12, The international journal of Indian psychology ,546, (2024). detecting and challenging to address, as victims often suffer in silence, fearing stigma or further harassment.
Cyber bullying effects are a concern because their consequences are life changing such as depression, anxiety, societal acceptance issues, extreme academic pressure as well as suicidal tendencies. On top of the damage that it causes to an individual, cyber bullying destroys society and creates a toxic environment online that hinders innovation, interaction and positive engagement. These ramifications emphasize the fundamental flaws of existing standards, and the necessity for the development of integrated strategies to tackle the problem at hand. Countries such as Canada, Australia, and the United Kingdom have made remarkable progress in the fight against cyberbullying by enacting aggressive legislation and creating victim assistance mechanisms. However, obstacles arise from the lack enforcement and the pace at which the digital technologies and platforms evolve.
But in the case of India, the issue is exacerbated by the social stigma attached to it and the lack of specific such provisions in laws. We together must work to curtail cyberbullying. significant actions must be taken by the Government to create stringent laws and these laws should often keep up with the changing society and rapid progress of technology. Digital literacy programs can also be implemented by the educational institutions for a better understanding of the students to avoid or report online abuse. It is important for parents to encourage open communication with their kids and make sure they feel comfortable talking about problems on the internet. It is also the obligation of technology companies to put in place reliable monitoring and reporting mechanisms to quickly detect and remove harmful content.
Finally, the problem of cyberbullying must be tackled on a broader scale as punishing the perpetrators is only one part of the solution. In a way, there is a greater need to foster a culture of sympathy compassion and accountability among users of the internet. Building such online spaces where people can eat and grow without the fear of downside or abuse is all the impact that we all can make.