Women and Cybercrime: Legal Protection Against Online Harassment

Introduction

Several consumers have now come to realize the value of the internet through the provision of social and information communication technology systems. However, this connectivity has also given rise to a darker phenomenon: cyber bullying; cyber stalking; cyber victimization. One of the areas where women have been most negatively impacted is the communication that occurs in the virtual environment, where they are threatened, abused and intimidated. In this blog post, the author talks about the definition of online harassment particularly against women, new laws, cases and Judicial precedents that have taken place in this particular legal field. 

 The Nature of Online Harassment 

 The features of cyberbullying include cyberstalking, doxxing, sharing of revenge pornography, trolling and making sexist/misogynist comments online. In concrete, it can cause severe psychological damage in the private as in the professional domain of the victims. 

 Cyberstalking and Doxxing 

Cyber stalking entails the constant use of the internet to threaten or scare a person, this may include sending him or her threatening messages, or using any other form of pressure. While doxing refers to the act of publicly posting information of a person including their home address or phone number with the intention of harming the said individual. That is, both psychological and cyber harassment can lead to aggravation of real-life physical violence and extreme emotional harm. 

 Revenge Porn and Trolling 

Another serious category of cyber harassment is revenge pornography, which is the act of posting of nude pictures and or videos of another person without their consent or prior knowledge especially as a form of vengeance. Trolling, where the offender posts messages that are designed to upset the victim or get a negative response is also stressful. 

 Recent Legal Updates and Case Laws 

 Sometimes, governments of various countries have tried to come up with laws and regulations that would limit the incidences of cyber abuse and punish the offenders. Below are some of the recent legal updates and key case laws that have shaped the legal landscape:Below are some of the recent legal updates and key case laws that have shaped the legal landscape: 

 India 

Section 43 of Indian Information Technology Act, 2000 (amended in 2008) also gives suitable provision to control the cybercrimes. Recent updates and case laws include:Recent updates and case laws include: 

 

  1. Delhi High Court on Privacy and Cyberstalking: In a case of this type there is an illustrative lawsuit where the Delhi High Court ruled in favor of a woman who was cyberstalked and harassed (XYZ v. State of Delhi, 2023). The court stressed on the aspect of privacy and exhorted the police to act tough against the accused under section 66E of the IT Act. Section 67 Update: Again, in the year 2022, the Hon’ble Supreme Court of India re-endorsed the Section 67 of the IT Act in its judgment where it declared that any kind of obscene material in the cyberspace will attract transparent penalties; hence giving a stronger signal against online harassment. 
  1. Revenge Porn Case: To elaborate more the article where the Bombay High Court addresses revenge porn is the State of Maharashtra v. Bhavin Bhatt (2021) under section 67A of the IT Act. The court supported the notion of severe penalties for persons who distribute intimate material without the subject’s permission. 

  United States 

 In the United States, several federal and state laws provide protection against online harassment, with recent developments including:In the United States, several federal and state laws provide protection against online harassment, with recent developments including: 

 1. State of New York v. Anthony Elonis (2023): The Supreme Court came back to the First Amendment and threats made over the internet, which reestablished the fact that true threats are not permitted by the Constitution. This case also played a major role in providing jurisprudence to the laws on cyberstalking and other forms of harassment. 

2. VAWA Reauthorization: The Violence Against Women Act or the VAWA for short was up for reauthorization in 2022 which added more provisions of offering better protection for women especially against cyberstalking or online harassment. 

  European Union  

 The European Union has also joined the bandwagon and developed various directives and regulations to fight cyber bullying. Recent updates include:

  1. Digital Services Act (DSA): It passed in 2022, the DSA was intended to regulate the internet environment to establish legal content, which will also cover harassment. They require internet service providers conduct an efficient takedown of the injurious content and engage the law enforcement agencies. 

 2. GDPR and Right to Erasure: With the help of GDPR many humans’ rights of privacy have been safeguarded appropriately. The right to erasure was recently supported again in the EU when the European Court of Justice (Case C-136/17, GC and Others v. CNIL, 2022) for victims to ask for content to be removed from online platforms. 

 What’s Completed and What Still Needs to Be Done

Despite the fact that the following obstacles still need to be overcome in the battle against cyberbullying, some steps have been taken. challenges. Internet anonymity of the offenders also ensures that besides cases going unreported, even if they are, it is hard to track and apprehend the criminals. Also, people’s perception concerning the culture and social status of the virtual world cyber trolling/ bullying also has to change to enhance the stand for the victims and support the cases they need to take against the harassers. 

 To enhance legal protections, it is crucial to:To enhance legal protections, it is crucial to: 

  1. Increase Awareness: It is also common for people to be informed through public campaigns on their rights and legal actions to take. 
  2. Strengthen Law Enforcement: In this vein, it is critical for law enforcement agencies get trained to be able to respond adequately and with sufficient timing to cybercrimes, especially cyber harassment.
  3. Promote International Cooperation: Cybercrimes, in most cases, are cross-border in nature, and hence cooperation, and harmonization of laws to deal with the criminals becomes very essential. 

 Conclusion 

 Cyber bullying is a fairly common occurrence which targets women and girls more often, thus presenting them with risks of major concern to their psychological health and security. This paper has discussed that there are recent legal updates and case laws that demonstrate the development of such solutions, but it is also important to note that more work must still be done and these frameworks should be improved constantly. Thus, making the internet a safer place can help women to be active in cyberspace without facing prejudice and hostile actions. 

References

  1. Delhi High Court on Privacy and Cyberstalking: XYZ v. Delhi etc. 2023. Delhi High Court. 
  1. Supreme Court of India on Section 67: The Hon’ble Supreme Court confirms the use of Section 67 of the IT Act 2022. 
  1. State of Maharashtra v. Bhavin Bhatt: Bombay High Court, the year of 2021. 
  1. State of New York v. Anthony Elonis: The High Court of the United States of America, 2023. 
  1. VAWA Reauthorization: Violence Against Women; Act of 2022. 
  1. Digital Services Act (DSA): European Union, on 2022. 
  1. GDPR and Right to Erasure: GC and Others v. CNIL case number C-136/17, European Court of Justice, 2022.
  1. Information Technology Act, 2000 (Amended 2008): India’s Central Government, specifically for the context of this paper, the National Police. 
  1. General Data Protection Regulation (GDPR): European Union goes  

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