Reverberations Of Social Media On Juveniles – An Indian Scenario
Author: LawSphereX
Category: Technology, Cyber & Privacy
Published:
Updated:
REVERBERATIONS OF SOCIAL MEDIA ON JUVENILES –
AN INDIAN SCENARIO
Anushka Ajmera, Research Scholar, Faculty of Law, Manipal University, Jaipur
ABSTRACT
Social media has the capacity to make or break both individuals and society. Each social media platform has unique characteristics that could influence the kind of behaviour it encourages in people and possibly contribute to committing crimes. It has become an indispensable part of our lives that influenced people's knowledge and information levels, eating and drinking habits, fashion and lifestyle choices, mindsets and actions, social interactions and relationship tenets and beyond. It plays a multifaceted role in the development of children's antisocial behaviour. Social media sites like Facebook and Instagram equip individuals with a means of contact as well as a platform for self-expression. Nevertheless, these internet aliases may pose hazards. However, amongst Juveniles, its costs transcend the benefits it brings.
Chronic access to electronic devices has created an array of options for young people to be inspired by social media material and express themselves in ways that would be illegal in the real world or on social networking sites. Aggressive social media has largely triggered criminal like mindset or has influenced the style of crime. As per the data released by an Indian government agency, the National Crime Records Bureau (NCRB), the trend of juvenile crime rates continues to fluctuate, but crimes committed using technology and social media show increasing tendency. The Indian legal framework which includes Juvenile Justice Act 2015, IT Act 2000 is studied to figure out areas of weakness in current scenarios. This study will offer a few suggestions for stemming the trend to create a safe online environment for teens and young adults.
Keywords: Juvenile offenders, social media, Criminal mindset, NCRB, IT Act, Juvenile Justice Act, Crime prevention
INTRODUCTION
Juveniles in India have been through deep-seated changes in the past decades, from playing in room with toys to making it a play room with some fancy gadgets, world has seen tremendous increase in crime rate amongst the juveniles due to exposure in the virtual world. Juvenile crime in India was originally believed to be caused by a wide range of clear-cut socioeconomic factors, including poverty, illiteracy, and a lack of families acting as the primary caregivers for their children. Social media and digital technology have propelled the trend to an entirely new level. In recent times, social networking is now moved to social media networking. These sites have grown from a niche online activity into a phenomenon through which millions of internet users are connected, both in their leisure time, and at work.
1 A survey highlighted that 60% of youth aged 9 to 17 spend over three hours daily on social
media and related platforms, this excessive screen time is associated with a higher risk of mental health issues, including depression and anxiety, and reflects a broader trend of gadget addiction among young people. 2 Due to such problems juvenile crimes are increasing in very disturbing fashion. The most common crimes include online harassment, cyber bullying, sharing explicit contents, online fraud, identity theft, OTT influenced murders etc. This indicates that social media is one of the most serious spaces for Juvenile crimes. In India, Juvenile Justice Act 2015 is a significant milestone which caters rehabilitation of the young offenders, provide them safe space for rehabilitation. Even after preventive approach, crime rate is at the rising trend. It is to be noted that the background of these young offenders is majorly semi urban or rural.
Given that young people use social media extensively, it becomes important to approach social media warily.
OBJECTIVES
To analyze the impact of viral challenges and trends on social media in particular incidents of
1 Dr. D R Sahu, A Study of Media Violence and Its Impact on Youth in India, IJMRT,17 (2019).
2 Divya Bhati, More than half of Indian youth aged 9-17 spend over 3 hours daily on social media, gaming: Study, INDIA TODAY, (OCT 16, 2023 16:34 PM), https://www.indiatoday.in/technology/news/story/more-thanhalf-of-indian-youth-aged-9-17-spend-over-3-hours-daily-on-social-media-gaming-study-2449702-2023-10-16.
adolescent misbehaviour. • To analyze how social media addiction correlates with delinquent behaviour among juveniles. • To assess the legal consequences faced by juveniles involved in cybercrimes facilitated by social media platforms, including the effectiveness of existing laws and regulations. SOCIAL MEDIA – through different platforms The emergence of social media has altered the ways in which we interact with the outside world. The platforms at our disposal force us to advance not just in our personal lives but also in the expansion and growth of our businesses. “According to the data majority Indian youth comprising 85% of non – adult users have access to smartphones. Most of them are online five hours a day and 80% admitted to using social media, A growing number of youths watch videos on OTT platforms other than YouTube”.
3 Among the youth demographic, Instagram is the most widely used social media platform for those aged 18-25, while Facebook remains popular among older age groups. 4 Majorly increase in usage of social media is due to affordable smart phone prices, cheap internet services etc. During Covid-19 Pandemic, there was a paradigm shift in the mode of education from offline to online, increased our digital engagement. Social media in today’s time is an important mode of socializing with your friends, families, a sense of acceptance is felt by individuals through social media engagements. In this nation, social media has multiple functions. Platforms like WhatsApp, Facebook, Instagram, YouTube etc have quite a lot popularity amongst students, children. From educational learning to satisfying videos, social media has a lot to offer.
Every platform has some unique function which can influence the type of social behaviour they stimulate and potentially have an impact on how juvenile offenders commit crimes. WhatsApp has become a significant platform for cybercrimes, particularly due to its widespread use and features that can be exploited by malicious actors. “India has the highest
3 PATTERNS OF INTERNET USAGE AMONG YOUTHS IN INDIA,
https://www.socialmediamatters.in/patterns-of-internet-usage-among-youths-in-india(last visited Sept. 5, 2024).
4 Id.
number of monthly active WhatsApp users globally with 535. 8 million as on 2024”. 5 It’s an instant messaging app which provide safe space to youth to discuss to talk to their peers etc, but it also exposes Youngs to cybercrimes such as fraudsters impersonate themselves as friends or family to solicit money or force them into some sextortion. The combination of Instagram's popularity, especially among youth, and the ability to exploit its features for malicious purposes has made it a breeding ground for various cybercrimes. 70% of the total youth in India prefer Instagram over any other social media platform. 6 Its capabilities to make reels, videos to attract followers makes it one of a kind amongst the teenagers.
Instagram stories, reels and the ability to use private accounts that don’t show your real name can foster creativity but also can be create an environment for serious problems such as the spreading of harmful content or involvement in dangerous challenges. 7 Instagram is a common platform for cyberbullying, where users can harass and intimidate others, often anonymously. If stalkers use information from profiles to locate and harm people in real life, this can cause victims tremendous emotional pain and, in rare situations, even physical harm. This practice is very popular amongst teenagers, which lead to causing harm which is punishable in nature. Facebook in its initial years had gained enormous popularity due to its unique features of sharing day to day activities. Lately, the charm of this platform is reducing amongst the teenagers.
Facebook's features and the vast amount of personal information shared by users make it a fertile ground for various cybercrimes. World has witnessed some extreme trends through Facebook which costed young individuals their lives like blue whale challenge etc. Facebook can facilitate stalking by allowing users to easily track the activities and locations of others through posts and check-ins. Cyberstalking involves persistent harassment through messages and threats, which can escalate to real-life stalking situations if not addressed seriously. 8 OTT (Over-the-Top) platforms have become increasingly popular, providing a wide range of content. Visual media showing gruesome murders, violence, sexual harassment make teenagers
5 WhatsApp Statistics, Users, Demographics as of 2024, GILPRESS, (Last visited Sept. 6, 2024)
https://whatsthebigdata.com/whatsapp-statistics/.
6 PATTERNS, supra note 3.
7 V K Muthu, Violence in Social Media and Its Negative Impact, TIMES OF INDIA (MAR 30, 2021, 22:45 PM), https://timesofindia.indiatimes.com/readersblog/ezhil/violence-in-social-media-and-its-negative-impact-30702/.
8 Pierluigi Paganini, 7 Most Common Facebook Crimes, SECURITY AFFAIRS (May 03, 2012),
https://securityaffairs.com/4891/cyber-crime/7-most-common-facebook-crimes.html.
less sensitive towards violence and ultimately promotes wild behavioural changes in teenagers. Minds of juveniles are in shaping, after watching such content through OTT, they might identify themselves with them, admire them and want to behave like them. 9 It’s affecting psychology of the children, ultimately turning them into someone which society doesn’t accept. Horror, action, and television show episodes all blatantly display the usage of weapons, criminal plots, and sexual content that has a greater effect on young people. The cultural value among youth is changing rapidly and market oriented, media driven western influence has affected India youth. 10 In addition to serving as an informant, the media of today also sets norms. To Judge that would be an exaggeration.
Since the media is a homogenous entity, it must be examined more closely to determine how violence is portrayed and how it affects people's moral systems. 11
RECENT STATISTICS RELATED INCREASE JUVENILE CRIMES DUE TO
SOCIAL MEDIA ENGAGEMENT
According to data from the National Crime Records Bureau (NCRB) covering 2017-2022, over 13,000 crimes were committed by juveniles, with more than 16,000 minors apprehended for various offenses. This includes serious crimes such as 314 murders, 412 attempts to murder, and over 500 rapes.12 A significant portion of juvenile crime is linked to cyber activities. In 2022, India reported
52,430 cybercrime cases, with every sixth cybercrime being committed through social media platforms.13 It is pertinent to note here that according to NCRB data, there has been a noticeable increase in juvenile-committed crimes including cyberbullying, cyberstalking, digital theft, and so forth over that time, which corresponds with the rapid growth in the usage of social media by the nation's young. Easy access to smart phones due to its attractive pricing has increased the social media usage.
9 V K Muthu, supra note 7.
10 Dr. D R Sahu, supra note 1.
11 Id.
12 Siddhivi Singh & Rajshekhar Jha, Major crimes by minors shoot up, TIMES OF INDIA (Nov 25, 2023, 10:24 AM), https://timesofindia.indiatimes.com/city/delhi/heart-of-darkness-major-crimes-by-minors-shootup/articleshow/105486240.cms. 13 Sakshi Tiwari, Sushil Kumar Rai, Varsha Sisodia, Analysis of Cybercrime against Indian Youth on Social Media, 13 European Economic Letters, 73 (2023).
Our country has seen sharp rise in digital media literacy which also contributes to the reason. The COVID-19 pandemic has significantly influenced the landscape of cybercrime, leading to an increase in various types of cyberattacks. The combination of heightened anxiety, rapid digital transformation, and vulnerabilities associated with remote work has made individuals and organizations more susceptible to attacks. Cybercrime rates reportedly climbed 400% during the outbreak, according to reports from the Federal Bureau of Investigation (FBI). The greater dependence on technology and distant work arrangements drove this increase, opening up new opportunities for hackers to take advantage of.14 The younger generation is drawn to social media for a social acceptance which led to addiction, loneliness, aggression, anxiety, sleepless nights etc.
TYPES OF CRIMES COMMITTED BY JUVENILE OFFENDERS WITH RESPECT
TO SOCIAL MEDIA
Social media triggers ground for cybercrime due to its enormous reach, interconnectedness, and the personal information shared by users. Traditional crimes under IPC are also committed by juveniles by getting influenced through visual content available on OTT. Some of them include – • Cyberbullying and Online Harassment Juveniles are increasingly engaging in cyberbullying, which involves harassing, threatening, or humiliating others online. This can take the form of sending abusive messages, posting embarrassing content, or excluding individuals from online groups. Cyberbullying can have severe psychological impacts on victims and is a growing concern among youth in India. • Sharing Explicit Content Some juveniles participate in the creation and distribution of explicit content, such as sharing nude photos or videos without consent.
Child pornography is constituted when the victim is a minor. It is actually a form of revenge porn. Due the reach of the social media, it’s difficult to control the content once shared online. Intimate images and videos are also shared without
14 Heba Saleous et al., COVID-19 pandemic and the cyberthreat landscape: Research challenges and
opportunities, 9, 211 (2022).
consent, constituting revenge porn. 15 It is pertinent to note that such content goes viral within seconds online and thus the reach can’t be controlled. • Online Fraud and Theft Juveniles may engage in online fraud, such as phishing scams or hacking into accounts to steal personal information or money. In the dark web, these juveniles easily sell stolen data and credit card numbers through which fraud can be easily done. The anonymity provided by the internet encourages some youth to commit these crimes. Scamsters make authentic-looking Instagram accounts or websites to deceive people into divulging sensitive information such as credit card numbers and passwords. They also deceive people financially by promoting phony goods and services. • Hacking and Malware Attacks Some juveniles extremely good at tech attempt to hack into various systems to create malware.
It is pertinent to note that not all hacking are unethical, but unauthorised access in the system, creating malware like ransomwares etc. is illegal and can lead to some severe data damage. Juveniles may hack for various reasons, including curiosity, a desire for recognition, or to cause disruption. • Online Grooming and Sexual Exploitation Predators often use social media and online platforms to groom and sexually exploit minors. Juveniles may also engage in consensual sexual activity with peers and share explicit content, which can be considered a crime. The anonymity of the internet makes it easier for predators to target and manipulate vulnerable youth. • Robbery and Physical crimes Facebook is a common tool used by criminals to obtain personal data on possible victims, such as daily schedules and locations.
They can determine when people are away from home by keeping an eye on check-ins and posts, which makes them targets for thievery. 16
15 Sakshi Tiwari, supra note 13.
16 Pierluigi Paganini, supra note 8.
False Information and hate speech The social media platforms allow for the rapid spread of defamatory statements about individuals or businesses, which can lead to reputational damage and legal consequences. Users may share false information without verification, causing harm to others and potentially resulting in lawsuits for defamation.17
LEGAL ASPECTS REGARDING JUVENILE OFFENDERS AND SOCIAL MEDIA
OFFENCES
IT Act 2000 This act in general provides protection towards cybercrime. It has been a landmark law in context of juveniles committing or victims of cybercrime. A major amendment was brought in after the Nirbhaya Case which made laws stringent towards commission of acts in the digital space by the juveniles. It includes – Punishment for committing offences through computer resources – it is a cognizable offence with imprisonment from five years to life, and fine. Section 66C- Identity theft – juveniles often use different identities to deceive people, or for assaulting women etc. The punishment for the Imprisonment up to three years and/or fine which may extend to one lakh rupees. 18 Section 66D – impersonation by using computer resources. Punishment is up to three years or fine which may extend to one lakh.
19 Section 66E - Punishment for violation of privacy by capturing, publishing, or transmitting images of a private area of any person without their consent. 20 Section 67- This section punishes the publishing or transmission of obscene material in electronic form. 21 If a juvenile is found guilty of sharing or creating obscene content, they can
17 Id.
18 The Information Technology Act, 2000, §66C, No. 21, Acts of Parliament,2000 (India).
19 The Information Technology Act, 2000, §66D, No. 21, Acts of Parliament,2000 (India).
20 The Information Technology Act, 2000, §66E, No. 21, Acts of Parliament,2000 (India).
21 The Information Technology Act, 2000, §67, No. 21, Acts of Parliament,2000 (India).
face imprisonment for up to three years and/or a fine. Section 67B: Specifically addresses the punishment for publishing or transmitting material depicting children in sexually explicit acts. Offenders can face severe penalties, including imprisonment for up to five years and fines. 22 The definition of cybercrime now includes ransomware attacks, online stalking. Currently, Online defamation is one of the new offences which is part of the Act. • POCSO Act, 2012 The POCSO Act provides a comprehensive legal framework to protect children from sexual offence, it also includes online sexual abuse through social media. Juveniles charged under this Act may face serious consequences, including imprisonment, depending on the nature of the crime.
• Bhartiya Nyaya Sanhita, 2023 Section 77 – deals with Voyeurism, which involves a juvenile if he is found guilty of capturing images of individuals without their consent. Section 294 - Relates to the sale, distribution, or public exhibition of obscene materials. Severe legal consequences are to be faced by a juvenile if found guilty. • Juvenile Justice (Care and Protection of Children) Act, 2015 Under this Act, children in conflict with the law are tried under juvenile justice board. Sometimes after taking into consideration level of maturity and severeness of the act, juveniles can be awarded harsher punishments and can lead to detention in a special home for a specified period. The Act emphasizes the need for a rehabilitative approach, which may include counselling, education, and community service, depending on the severity of the offense.
22 The Information Technology Act, 2000, §67B, No. 21, Acts of Parliament,2000 (India).
IMPRESSION OF SOCIAL MEDIA ON JUVENILE – Case Studies Behavioural changes amongst juveniles are very evident after the over usage of social media. India has intricated and varied juvenile behavioural changes that are caused by a confluence of social, familial, technological, and economic variables. To understand this better there are some case studies which portrays digital space influencing juveniles and ultimately leading to crime incitement.
• AHMEDABAD EMAIL BOMB THREAT CASE
It is one of the most famous cases for cybercrimes committed by juveniles in India, where a 16-year-old minor Ahmedabad student was detained for threatening to blow up the Andheri railway station in an email. The child pretended to be a member of a well-known gang in the email he wrote so that it creates panic and fear in mind of the authorities. He was found responsible in accordance with the IT Act and the IPC, demonstrating the grave legal ramifications of such behaviour, even when it is meant to be humorous.23
• MUMBAI CYBERBULLYING CASE
As reported, number of teens from same educational background created fake profiles online to harass a student. Due to which victim was subjected to great emotional distress and depression. This case brought to light the negative effects of social media on young people's conduct as well as the legal repercussions of online harassment, sparking debate about the need for stronger legislation against cyberbullying.24
• ONLINE CHILD EXPLOITATION
A number of incidents involving young people producing and disseminating child pornography
have come to light. A group of young people were once discovered posting obscene pictures of themselves and other people on social media. The authorities enforced the IT Act and the Protection of Children from Sexual violations (POCSO) Act, highlighting the gravity of these violations and the laws in existence to shield minors from exploitation.25
23 Dr. Bharat Patel, Juvenile Cyber Crime, 13 Research Guru, 567 (2019).
24 Anam, A Study on Indian Youth and Cyber Crime, 4, CPIJR 67 (2022).
25 Sakshi Tiwari, supra note 13.
• HACKING CASE
It has always been seen that adults majorly adults indulge themselves in hacking operations such unauthorized access to government portal’s, school websites etc. One protruding instance entailed the arrest of a 17-year-old hacker who had broken into a government portal's security to obtain private data. This case demonstrated juvenile offenders' technological proficiency as well as the possible repercussions of their behaviour under the IT Act and IPC.
• PIRACY
Piracy is of the most common cybercrime that is committed by children. They download, sell or distribute pirated material which is unethical and illegal. In one instance, legal action was taken under copyright laws and the IT Act after a group of students were discovered distributing pirated movies via a well-known messaging app. This illustrates the rising trend of young people engaging in piracy without realizing the consequences for their actions.
• BLUE WHALE CHALLENGE
It is often described as a "suicide game" where participants are assigned a series of increasingly dangerous tasks over a period of 50 days, culminating in a challenge that encourages them to take their own lives. Participants often face threats, blackmail, and psychological pressure to complete the tasks. Many players feel trapped and unable to withdraw from the challenge due to fear of repercussions. Reports indicated that at least six children in India within a short span were believed to have taken their lives in connection with the challenge. a 19-year-old in Hyderabad, have raised alarms about the challenge's influence on vulnerable teenagers. These case studies show that how social media has created criminality amongst the juveniles in India. Behavioural changes are resulting in grievous hurt or sometimes death.
Country has laws to acknowledge the same but there is a requirement for robust laws for surveillance on social media, spread awareness amongst the students in their schools about cautious use of social media. In light of the rapidly evolving digital landscape, laws and regulations must to be adjusted to safeguard youth from the possibly.
SUGGESTIONS
The increasing prevalence of cybercrimes committed by juveniles necessitates a robust legal
framework to address the unique challenges posed by the digital environment. Here are some suggestions for enhancing the legal framework for juvenile offenders in the digital space in India • Strengthen the existing laws – IT Act 2000 must include specific provisions for emerging cyber offences in the country such as sextortion, deep fake and ensure stringent penalties for the same and even more stricter penalties for repeat offenders. The law addresses cyber space issues but emerging trends should also be accommodated in order to ensure proper punishments. • Specialized Juvenile Cyber court system - Establish dedicated juvenile courts for cybercrimes, staffed with judges and attorneys with training in both technology and child psychology. By doing this, rehabilitation is promoted and cases are handled in a better way.
• Rehabilitation Focus: Emphasize rehabilitation over punishment in the juvenile justice system. The idea behind JJ Act is to provide rehabilitation of the young offenders and try to reintegrate them into the society. Checks and balances are required so that focus doesn’t shift from rehabilitative approach to punitive approach. • International collaboration – it is often seen that offences committed through social media are around the world. It is difficult to punish the perpetrator due to jurisdictional issues. Foster international cooperation to address cross-border cybercrimes committed by juveniles. This includes establishing protocols for extradition, disseminating information, and joint investigations by law enforcement agencies in different countries.
• Educational awareness - Put in place educational initiatives in schools that emphasize cybercrime legal ramifications, appropriate online conduct, and digital literacy. Parental education on supervising and directing their children's internet activity ought to be part of this. • Improved collaboration with tech companies – tech companies must be in communication with governmental agencies working on cyber crimes with data related to crimes committed in digital space specially by juveniles. Data sharing mechanism can help agencies to keep checks and balances on the activities in cyber space.
CONCLUSION
The relationship between social media and juveniles is both sweet and sour. With advancements
in technology social media has emerged as a support in education, means of communication etc. but every advancement comes with some bane. Behaviour changes amongst the juvenile due to social media is multilayered. On one hand, apps like Facebook, WhatsApp provides fast communication mechanism and on the other hand these platforms are incubating juvenile criminality. The statistics of cyber crimes committed in India by juveniles portray the increasing cybercrimes such as sextortion, cyber bullying etc. One of the major reasons is easy availability of smartphones and internet to the juveniles. IT Act, Juvenile justice Act, are some legal frameworks which take in consideration crimes committed in digital space and punishments for the same. These legal frameworks fail to include emerging social media offences which are committed by young children.
Robust laws are the need of the hour which can strengthen the legal framework to the core. Collaboration between government agencies and private tech companies is also required at this juncture to ensure checks and balances on the activities in the cyber space. In conclusion, Combating the issues of social media and adolescent misbehaviour requires a comprehensive strategy that incorporates technological, educational, and legal tactics.