The Nexus Between Indian Laws and Emerging Forms of Cybercrime
~ By Deepta Ramakrishnan
Introduction
There has been a dramatic increase in cybercrimes against women due to the increasing number of internet users and the convenience of accessing the internet, coupled with the evil intentions of specific individuals. The perpetrator is free to sit behind a computer screen and attack anyone anonymously. The internet does not forget what they do, and their acts leave a permanent imprint.
Online stalking and image modification or morphing for the purpose of defamation are widespread types of harassment that harm women and weaken their self-esteem. It is critical to recognise these new kinds of crime to take action against them. The relationship between Indian laws and the protection they provide against these emerging types of cybercrime will be discussed in this post.
Revenge Pornography
Revenge Pornography is when a person willingly publishes, circulates, distributes, or prints any obscene or sexually explicit material of a person, without their consent, to either shame them or lower their reputation. In a study conducted by Cyber Civil Rights Initiative, it was found that 90% of the revenge porn victims in their survey were women.
The offender is booked under Section 66E of the Information Technology Act, which states "whoever intentionally captures, publishes, distributes or transmits the image of a private area of a person without his/her consent under the circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to 3 years or fine not exceeding 5 lakh rupees or both."
Section 509 of the Indian Penal Code books the offender for "outraging the modesty of a woman". Section 72 of the Information Technology Act says that those who publish any obscene material of their partner without their consent or have accessed any electronic data or evidence of that person, and without their permission, discloses it, shall be punished with imprisonment for 2 years or fine of up to 1 lakh or both.
However, what seems to be a significant hindrance to the efficiency of the abovementioned provisions of law is that Section 77 of the Information Technology Act makes all pornography-related offences bail-able.
Cyber Blackmailing
Cyber Blackmailing means stealthily gaining or tracking someone's information without their knowledge and then circulating, distributing or publishing sensitive content, intimate images or videos, or obscene morphed photographs or threatening to do so with a motive behind it being either vengeance or illegal monetary demands.
It is punishable under Sections 384 and 385 of the Indian Penal Code, which deal with extortion, prescribing a punishment of "imprisonment up to 3 years or fine or both."
Cyber Blackmailing is also dealt with under Section 506 of the Indian Penal Code, which speaks of criminal intimidation, with a punishment of "imprisonment of a term up to 7 years or fine or both", and Section 507, which speaks of criminal intimidation by anonymous communication with punishment for "imprisonment in addition to the punishment prescribed under Section 506".
Cyber Stalking
Cyber Stalking is when an individual or organisation uses cyberspace to bother or harass someone, the motive behind it being obsession, vengeance, ego, sexual harassment, etc. It is seen as an encroachment of an individual's privacy and is one of the highest reported cyber offences against girls and women. Cyber Stalking is punishable under Section 354D of the Indian Penal Code, which defines and prescribes punishment of "imprisonment for up to 3 years and fine."
Defamation and Morphing
Cyber defamation occurs when someone distributes or publishes a defamatory remark or material about another person over the internet or other electronic channels. In the event of defamation, the perpetrator can be charged under Sections 499 and 500 of the Indian Penal Code and sentenced to up to two years in prison and a fine. Women are frequently subjected to sexual comments or remarks that are defamatory and may jeopardise their reputation in both offline and online spaces. Specific provisions of the "Indecent Representation of Women Act 1986" also deals with such matters.
Morphing is when a person or organisation obtains a person's photo, changes it, and then re-uploads it to a separate website under a false profile, usually intending to degrade the person's reputation or humiliate and embarrass them.
It is punishable under Sections 66 and 43 of the Information Technology Act, which provides damages or compensation for the victim. The offender can also be booked under Section 292 of the Indian Penal Code for obscenity.
Conclusion
It is critical that we de-stigmatize these heinous acts and, eventually, put an end to them before more victims suffer. These offenders must realise just how unlawful and damaging their actions are. We must cultivate a zero-tolerance culture, refrain from victim-blaming, and engage in prevention and intervention. Although Indian laws do not always provide enough protection against many new and developing types of cybercrime, we must be aware of the existing laws that protect our rights. Many incidents of cybercrime go unreported. The author hopes that this blog post will assist women in recognising the many measures that exist to protect them in online spaces and make use of them if need be and report.
References
1. The Information and Technology Act 2000
2. The Indian Penal Code 1860
3. Indecent Representation of Women Act 1986