Abstract
This paper is an attempt to discuss the issues and challenges revolving around cyberstalking and online harassment in India, one of the serious emerging threats. The Internet is one of the important general-purpose technologies in today’s age for several reasons. Today it is used in almost all the organizations, institutions, and people. Computer technology makes life so speedy and fast but is hurled under the eclipse of threat from the deadliest type of criminality, termed “cybercrimes.” The advancement of the internet brings so many facilities to us but also brings so many problems and challenges too, out of which cybercrime is a kind of offense that deals with the cyber world, which includes privacy and security risks.
Introduction
The Internet has seen rapid growth in the past decades, being a platform connecting people and providing knowledge and resources across the globe. It makes people’s lives easier in multiple ways, such as entertainment, education, and even business and work, being one of the most revolutionary tools.
While the internet is incredibly useful, it comes with its own consequences. The increased use of the internet has raised issues like security risks, online harassment, and cyberstalking cases. In India, each year, the number of cybercrimes reported across the country continues to increase at a significant pace, with an average of 7,000 cases reported daily in 2024[1].Indicating a concerning trend in cyber threats within the country.
Cyberstalking is one such form of cybercrime that has had a significant impact in our society. Cyberstalking means when a person is followed and pursued online, invading his/her privacy as his/her every move watched[2]. Inducing fear and feeling of threat in the victim’s life.Leaving the victims with serious psychological and emotional effects. In most of the cases, cyberstalking usually occurs with women, who are stalked and harassed by men, or with children who are stalked by adult predators or pedophiles[3]. It is easier for cyberstalkers since they do not even have to leave their home, leaving their identity unknown in order to harass their targets.Cyberstalking is done for various reasons, often driven by intentions such as revenge, control or even financial gain.
Online harassment refers to aggressive or harmful behaviour targeting someone over the internet. It can be in many forms, including threats, insults, stalking, and spreading misinformation. Online harassment is similar to traditional way of real-world stalking in the way that it can be disturbing to the victim.
This paper addresses the issue of cyberstalking and online harassment, and what legal remedies an Internet user may have when confronted with this form of behaviour. Firstly, the paper will examine what constitutes cyberstalking and harassment, and will discuss the way in which the Internet may facilitate such behaviour.
Secondly, this paper will review the current harassment legislation in India, and analyse the flaws in the legal frameworks. In addition, it will provide reforms that can be made with the existing laws.
Finally, the paper will consider some measures that individuals may adopt in dealing with online harassment and cyberstalking.
Definitions of Cyberstalking and Online Harassment
Cyberstalking involves using the Internet, cell phone, and/or any other electronic communication device to stalk another person[4]. It may involve threats, identity theft and damage to data or equipment, solicitation of minors for sexual purposes, and any other form of repeated offensive behaviour. A person who does cyberstalking is known as cyberstalker.
Online harassment refers to persistent, aggressive, or harmful behaviour directed at someone through digital platforms. It can involve intimidation, threats, humiliation, or invasion of privacy. Some common forms include cyberbullying, trolling, doxxing (revealing personal information), impersonation, and hate speech.
Online harassment becomes cyberstalking when it escalates into persistent, obsessive, and intrusive monitoring of an individual over time. While harassment may involve sporadic insults, threats, or harmful behaviour, cyberstalking is more systematic and prolonged.
Online harassment can be divided into direct and indirect harassment. “Direct” harassment includes the use of pagers, cell phones and the email to send messages of hate, obscenities and threats, to intimidate a victim. E.g., the majority of offline stalkers will attempt to contact their victim, and most contact is restricted to mail and/or telephone communications. On the other hand “indirect” harassment includes the use of the Internet to display messages of hate, threats or used to spread false rumours about a victim. Messages can be posted on web pages, within chat groups or bulletin boards. This form of harassment is the electronic equivalent of placing pinups on a factory wall, and if the display of such material from the victim’s perspective causes offence it will amount to harassment.[5]
[1]Topic: Cyber crime in India. (2024, October 25). Statista. https://www.statista.com/topics/5054/cyber-crime-in-india/
[2]Deo, S.S. (2016). The Criminal Law (Amendment) Act, 2013: Legislative Remedies for Online Harassment and Cyberstalking in India.
[3]Advocate, C. C. (2024, October 8). CyberStalking – Legal Bihar – Cyber Crime Lawyer & Law Firm Patna. legal.bihar.in. https://legal.bihar.in/cyberstalking/
[4] Deo, S. S. (2016). Cyberstalking and online harassment: a new challenge for law enforcement. SSRN Electronic Journal. http://papers.ssrn.com/abstract=2712092
[5]Deo, S. S. (2016). Cyberstalking and online harassment: a new challenge for law enforcement. SSRN Electronic Journal. http://papers.ssrn.com/abstract=2712092