What Steps Should You Take Legally If You’re A Victim Of Cyberbullying?

Cyberbullying is a growing evil in India. The more technological advances come and digital platforms develop, the more numbers of people, particularly children and teenagers, get exposed to online harassment. If one is caught up in cyberbullying in India, he must be aware of the psychological and legal implications and precautions to be taken to shield himself.

What is Cyberbullying?

• The act of cyberbullying is where digital platforms such as social networking sites, websites, or text messages come into play in harassing, intimidating, or otherwise harming another individual across countries including India. 
• Such acts may be spreading false rumors, sending messages threatening or abusing someone, posting humiliating photos, and stealing information about a person to harm his or her reputation.
• However, cyberbullying, though not mentioned explicitly, is a behavior that is regulated under various provisions of the Information Technology Act, 2000 (IT Act), and Bhartiya Nyaya Sanhita (BNS) to embrace actions that could otherwise come under this form of harassment.

Effects of Cyberbullying

• Mental Health: Victims of cyberbullying suffer from anxiety, despair, and low self-esteem in addition to ongoing online abuse that can cause mental pain and occasionally lead to suicidal thoughts or actions.  
• Socio-emotional Insulation: Victims of cyberbullying often avoid social situations, either in person or online. Such isolation affects relationships and social development and is caused by either a lack of trust in other members or a fear of being bully again.
• Academics and Work Efficiency: Cyberbullying draws the individual’s attention away and thus ends up affecting poor academic or work performance; the concentration is usually hamper due to the emotional grief caused by stress experience at that time.

Legal Steps for Victims of Cyberbullying in India  

Document and Preserve Evidence

The most important action one must take before proceeding is preserving evidence of cyberbullying, without which there is hardly any way to build a case for legal action.

• Screenshots and Recordings: These should include all offensive or threatening messages or posts, comments, pictures, and videos. If a series of them happens, they should be collect during the specify time.
• Emails and Chat Logs: If it happens through email, text messages,or social media, the entire correspondence concerning this should be copy and saved. The message should include the sender’s name, date, and time.
• Witnesses: Those who saw or heard about it should be ask to get on record.

Report the Incident to the Platform or Website

All social media sites like Facebook, Twitter, Instagram, and YouTube have their own mechanisms to report any kind of bullying or rape-related elements in one of their users. 

• Use these Reporting Tools: Most social media platforms today usually have their inbuilt reporting features through which you can either flag offensive content or block the harasser. You can go ahead and use this option to determine the incident’s occurrence.
• Report Abuse on Websites: Where the incidents of cyberbullying have happened on a website or forum report the same misuse to an administrator or moderator of the website.

File a Complaint with Local Law Enforcement

Collect as much evidence as you can and afterward report to a local police station. Additionally, cyberbullying is punishable under the IT Act and BNS. Laws have recognized many forms of cyberbullying, which include:

• Harassment or Threats: Receiving any form of threatening or harassing messages is a punishable offense under Section 351 of the BNS (Criminal Intimidation).
• Defamation: If a cyber-bully spreads lies or derogatory information concerning you, it can constitute an offense of defamation under Section 356 (1) and (2) of BNS.
• Identity Theft and Misuse: If any of your personal information is stole or misuse, then you can take recourse under Sections 66C and 66D of the IT Act.
• Outraging Modesty: If your bullying includes sexually explicit material, then it comes under the definition of Section 77 (Voyeurism) or Section 78 (Stalking) under the BNS.
• Cyberstalking: It involves repeated harassment over the Internet, and apparently, Section 66A of the IT Act imputes it. Though this section was struck down by the Supreme Court in 2015, one can still make use of other relate IT Act or BNS provisions in such scenarios.

File a Cyber Crime Complaint 

Go to any Cyber Crime Cell to file a complaint. You can approach the National Cyber Crime Reporting Portal (cybercrime.gov.in). There you may register your complaint online if you are unable to go to a full-fledged police station.

Collect the following evidences while filing your complaint with Cyber Cell:

• Links to the websites or social media pages involved in the harassment.
• Complete a detailed description of the harassment with the time and date, and any other thing you think is relevant.
• All communications are make with the platform or the website administrators.

Seek Legal Recourse

• Civil Suit for Defamation: If the defamation has been involve in cyberbullying, you can file a civil suit against the wrongdoer and claim damages for the injury cause to your reputation. 
• Criminal Prosecution: You may file a criminal case if an offense is serious. When the police do not act appropriately, you may file a private criminal complaint under BNS sections for harassment, defamation, or identity theft. 
• Protection Orders: If you suffer any kind of threat to life or bodily safety from harassment, then you can seek a court for a protection order or restraining order against the offender.

One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtain at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online for free through Lead India.