Digital Age - A Scuffle Between Children And Cyber Wrongs
Author: LawSphereX
Category: Technology, Cyber & Privacy
Published:
Updated:
DIGITAL AGE: A SCUFFLE BETWEEN CHILDREN AND
CYBER WRONGS Kamakshi, Vivekananda Institute of Professional Studies Introduction The digital age has brought forth prominent changes in the lives of people in many spheres by offering them numerous opportunities in the education sector and IT sector inter alia, which has left a special mark in the lives of children. This integration of new technology in the lives of children had a positive impact by making it easy to access information. However, it also opened a can of worms by making children more prone or vulnerable to a comparatively newer form of offense known as ‘cyberbullying’. Consequently, it becomes a priority to bring legal policy frameworks to tackle the challenge that has been presented to us by the coming of the ‘Digital Age’.
Children and the Digital Age In order to first access the interaction between children and the digital age, we need to be first familiarized with the term ‘child’ in its legal sense. The United Nations Convention on the Rights of the Child[i] defines a child as any human being who is below the age of 18 years or who has not yet reached 18 years of age. In relation to the subject of the digital age and its impact on children, India also follows the same definition for a child, i. e. , any person who is below the age of 18 years.
Serious advancements in technology have indeed brought forth fruitful impacts, including access to the giant sea of knowledge and information about educational resources like the introduction to new online platforms, which significantly improve the quality of education among children, but this shine of newfound technological advances cannot hide the darkness that lurks underneath it. This darkness is poised with numerous challenges or issues that act as a constraint in the usage of new technology. The first and foremost concern regarding technology is the subject of cyberbullying, which has been found to be a new trend in the arena. The offense of cyberbullying is defined according to Belsey as, "Cyberbullying involves the use of information and Communication technologies to support deliberate, repeated, and hostile behavior by an Individual or group that is intended to harm others.
[ii]" While Smith et al. 2008 define it as “an aggressive, intentional act carried out by a group or individual, using electronic forms of contact, repeatedly and over time against a victim who cannot easily defend him or herself. [iii]” As per the McAfee report on cyberbullying, an alarming rate of 85% of Indian children have experienced some form of cyberbullying either in one form or another. Additionally, it was highlighted by the research that Indian kids experience almost twice as much cyberbullying when compared with other nations. This points towards a growing problem of harassment of children due to the digital era. When we observe the issue of cyberbullying from a little different, we find a deep-rooted connection that exists between cyberbullying and children’s right to privacy.
Cyberbullying is often associated with the subject of sharing unauthorized personal information comprising images or videos that are directly violative of the victim’s right to privacy, which is considered to be one of the fundamental rights of a person as per the law and legal provisions of India. The right to privacy encompasses a serious psychological impact on the victim’s mind, invading their privacy, which has the potential of further aggravating the situation by imposing emotional and psychological distress, affecting the overall well-being of children. There are also a number of legal and ethical concerns regarding it. Ensuring the protection of children's privacy on the internet is of utmost importance, as it involves adherence to legal regulations and ethical principles aimed at shielding minors from potential exploitation and harm in the digital space.
At the International level, the right to privacy enjoys a special place. Article 12 of the Universal Declaration of Human Rights, 1948, combined with the International India for the cyber offenses of cyberbullying and infringement of the right to privacy, a list of relevant provisions is provided below: -
1. The UN Committee on the Rights of the Child's General Comment No. 25 (2021)
specifically addresses children's rights in relation to the digital environment, offering guidance for policymakers and stakeholders by putting an emphasis on the protection of the rights of children in the digital era.
2. The Information Technology Act, 2000 - The act has a number of provisions to protect
children and people in general from cybercrimes that are listed below: - ● Section 66 A [iv]- This section entailed provisions regarding punishment for sending messages or emails that are abusive in nature and are sent to cause inconvenience or annoyance to the victim through the various internet platforms for which the prescribed punishment is imprisonment for three years. However, afterward, this section was declared unconstitutional by the Hon’ble Supreme Court in the case of Shreya Singhal as this section violated the right to free speech, which is one of the fundamental rights. ● Section 66 D [v]- It prescribes punishment for the crime of impersonating someone through the means of social media. ● Section 67 [vi]- This section prescribes punishment for publishing or transmitting any photo/video that is obscene and thus violative of the victim’s right to privacy, among others.
Under this section, the prescribed punishment is imprisonment for a period of years and a fine up to the amount of Rs 5 lakh. Relevant Case Laws
1. Shreya Singhal v. UOI:- The case involved a challenge to the constitutional validity of
2 Puttaswamy v. Union of India case, 2017
The Supreme Court of India delivered a landmark judgment declaring the Right to Privacy a fundamental right. This right is safeguarded as an integral component of the right to life and personal liberty under Article 21 [vii] of the Indian Constitution. Additionally, it is upheld as part of the freedoms guaranteed by Part III of the Constitution. Conclusion To safeguard children from cyberbullying and ensure their privacy rights in the digital era, a comprehensive approach is necessary. It is vital to provide education on digital literacy and responsible online conduct to empower children to navigate the internet securely. There is a need to enhance legal frameworks to safeguard children's privacy and data, thereby preventing the misuse of their personal information.
Preventive Measures for strengthening privacy settings, educating children about digital rights, and implementing stricter legal frameworks are essential steps to mitigate the impact of cyberbullying on children's privacy rights. Another step towards achieving this could be a collaboration among governments, technology firms, educators, and parents to establish a safe and supportive online environment. Implementing these measures will enable us to enhance the protection of children's rights and well-being in the digital realm. An example of such an initiative is the Cyber Crime Prevention against Women and Children.
The CCPWS system establishes several sections that are in charge of reporting online criminal actions and related investigations, examining complaints of cybercrime, and spotting any concerning cybercrime circumstances Endnotes: [i] Convention on the Rights of the Child: The children's version, United Nations. [ii] Belsey, B, Cyberbullying: An emerging threat to the “always on” generation (2004). [iii] Smith, B. W. , Dalen, J. , Wiggins, K. , Tooley, E. , Christopher, P. , & Bernard, Brief Resilience Scale (2008). [iv] The Information and Technology Act, 2000, silco 66 A. [v] The Information and Technology Act, 2000, silco 66 D. [vi] The Information and Technology Act, 2000, silco 67. [vii] India Const. , art. 21.