CONTINOUS ASSIGNMENT-2 

        IT AND CYBER LAW

COURSE CODE: LAW 501

 
Submitted To:                                      Submitted By:

MR SUNIL KUMAR HEER                SANYA GUPTA

Assistant Professor of Law                   BBA LLB(Hons)

School of Law                                       L1704

Lovely Professional University           11716113

ONLINE SEXUAL HARASSMENT- LEGAL REMEDIES

INTRODUCTION

India has one of the fastest-growing social media presences in the world with users engaging
with various social media platforms. Nonetheless, notwithstanding the platform, social media
users may find themselves caught in the murkiness of online harassment.
We often use the terms online harassment and online abuse interchangeably. PEN America
defines it as the “pervasive or severe targeting of an individual or group online through harmful
behavior”. Now, let us consider the major elements of this definition, which are:

● Pervasive: Often a repetition of solitary incidents may escalate to the level of abuse or
harassment. Eg. A solitary email received from an unwanted source may not amount to
harassment, however, repetitive emails could.

● Severe: In other times, solitary incidents can rattle the notions of abuse and harassment.
Eg. Even a singular death threat or threat about the sexual violation is considered abusive
and amounts to harassment.

● Individual or group: Either an individual or a group can face abuse or harassment. In all
circumstances, however, such actions are considered unappealing.

● Online: Of course, the mode of such abuse and harassment is online. Social media
platforms such as Twitter, Facebook, Instagram, YouTube, and TikTok are the most
common platforms for spreading online hatred.   

A 2017 newspaper publication claimed that four out of five people in India had experienced
online harassment in some form. Incidentally, the scope and ambit of online harassment are so
widespread that victims may sometimes be unaware of it.
TYPES OF ONLINE HARASSMENT 
Some of the most common forms of online harassment are:
 
TROLLING
The act of using inflammatory or off-topic messages to spread discord and resentment in an
online community. The individuals or organizations performing such acts are known as “Trolls”.
Trolling is the digital equivalent of mob lynching.
THREATS ABOUT PHYSICAL HARM AND SEXUAL HARASSMENT 
A common reaction to people posting their opinion on social media is the threat of causing
physical or sexual harm. Besides, many people forward indecent comments and lewd remarks to
women over the internet.
Many women whom I know, have received frequent and sometimes aggressive messages from
total strangers over the internet. Stand-up comics and content creators talking about religion or
politics often attract death threats and threats of sexual exploitation.
CYBER STALKING
Many people aggressively follow the internet activity of other people. Perpetrators use the
internet, email, and other forms of electronic communication, to follow, hound, and harass
individuals.
DOXING
Criminals undertaking doxing, collect and share private information such as residential
addresses, and social security numbers into the virtual world. These cybercriminals often resort
to doxing to gag activists and protestors. It is the online counterpart of the offense of blackmail.
CHARACTER ASSASSINATIONS 
This refers to an intentional attempt to tarnish a person’s reputation through severe, and often
unfair criticism.
 
CYBERBULLYING 
Almost all forms of harassment fall under the general category of cyberbullying. These bullies
use digital technologies to upset the lives of their victims. Moreover, their activities are aimed at
“scaring, angering, or shaming” the victims.
Additionally, DoS attacks, unsolicited pornography, revenge porn, hate speech, and online
impersonation are some other forms of cyber harassment.
What Are the Cyber Harassment Laws in India?
Victims of online harassment have recourse to multiple laws to help gain respite. However, there
may be a lack of knowledge among the people. Perhaps they are not aware of the rights available
to them.
What rights are available under the social media harassment laws in India? Well, they are nestled
under the following Acts:
INDIAN PENAL CODE, 1980 
The Indian Penal Code, 1980 (IPC), is the general Penal Code for India. After the ‘Nirbhaya’
matter, there had been some sweeping changes to make the Act more inclusive and watertight.
Though the IPC does not deal with online harassment, it proscribes sexual innuendoes, stalking,
voyeurism, and outraging a woman’s modesty. Additionally, it also criminalizes defamation and
criminal intimidation.
Section 298 criminalizes hate speeches aimed at damaging the religious sentiments of
individuals.
Section 354A proscribes the many forms of sexual harassment like forcefully showing
pornography, making unwelcome physical contact, and sexual advances. Demanding or
requesting sexual favors and making sexually colored remarks are also punishable offenses.
Section 354C makes voyeurism a punishable offense. It means the act of watching or capturing
the image of a woman engaging in a private act, without her permission or consent. Moreover, it
is punishable to disseminate such images without the victim’s permission, even if she consented
to be captured.
Section 354D punishes every form of stalking including online stalking. An alleged offender
must prove that his act was reasonable, justified, and pursued under law, for preventing or
detecting a crime. Thus, stalking will not attract punishment only in such circumstances.
Section 499 criminalizes defamation, or the act of tarnishing the reputation of an individual
through words, signs, or visible representations.
Section 503, 506, and 507 proscribes criminal intimidation. It includes the threat to cause
grievous injury or worse still—death. Incidentally, the threat to property, or reputation is also
covered under the aegis of criminal intimidation. Additionally, criminal intimidation can be with
regards to the reputation of the deceased also.
Section 509 criminalizes insulting the modesty of a woman through any act, gesture, or word,
and violating her privacy.
INFORMATION TECHNOLOGY ACR, 2000 
 
Specialized legislation to deal with electronic communications and technology; the Information
Technology Act, 2000 (IT Act) contains various protective measures.
Section 66C makes identity theft using fraudulent or dishonest means a punishable offense.  
Section 66E criminalizes the intentional capture, publication, or dissemination of the images of
the private areas of any person without his/her consent. This section protects victims of all
genders.
Section 66F deals with acts of cyber terrorism including DoS attacks, and the hacking of
electronic devices.
Section 67 makes publication or transmission of obscene and lascivious material over electronic
medium a punishable offense. It includes sharing pornographic clips or images, obscene
messages, and screening photos and videos of illegal activities over the internet.
Section 67A forbids transmission or publication of sexually explicit acts or conduct over
electronic media.
Section 67B criminalizes the publication or transmission of material depicting children engaging
in a sexually explicit act or conduct. Furthermore, this Section proscribes the download and
search for such perverted material. Additionally, the Act condemns acts of facilitating online
child abuse, recording child sexual abuse, or enticing or inducing children for a sexual
relationship.
INDECENT REPRESENTATION OF WOMEN PROHIBITION ACT, 1986
Section 4 bars the production, distribution, or circulation of any material containing indecent
representation of women in any form.
THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE ACT, 2013 
 
The entire Act is aimed at preventing sexual harassment of women. Section 2(n) defines “sexual
harassment” but does not specify any medium. Besides, Section 2(o) defines “workplace” to
include “a dwelling place or a house” as well.

REMEDIES
So far, we have seen what our rights are under the cyber harassment laws in India. However,
knowing about the rights is not enough. Consequently, we must be able to exercise our rights and
access the remedies available under social media harassment laws.
In India, victims have multiple options to avail remedies. The Center for Advanced Research in
Digital Forensics and Cyber Security (ARDC) recommends three options to explore. They are
social media websites, the National Commission for Women, and Cyber cells.
Social Media Websites
Raise awareness on social media websites. Report inappropriate content and perverse behavior to
the various grievance support teams of the respective social media platform.
National Commission for Women and the Ministry of Women and Child Development
Any instance of deprivation of women’s rights or harassment endured by women can be reported
to the National Commission for Women. Interested complainants can contact the Commission
over email at complaintcell-ncw@nic.in, or call at 011-26944883 and 011-26944880.
CYBER CELL AND F.I.R. 
The National Cyber Crime Reporting Portal has been formed to assist the victims of
cybercrimes. Specifically, their list of Nodal Officers for the cyber cell of each State will help
you contact the appropriate authority figure.
Furthermore, one can also choose to file a First Information Report (F.I.R.) with your local
police station. Jurisdictional issues should not be a problem here. Thus, the F.I.R. will be proof
of your prompt action.
CERT-In
The Indian Computer Emergency Response Team (CERT-In) is the national nodal agency
envisaged for tackling breaches to computer security. Additionally, they have a set of guidelines
for reporting incidents that you can follow.
Food for Thought
As a user of social media, one can only be as careful as possible. Accordingly, you can ensure
that your online presence is well-secured by being tech-smart. Here are a few pointers to lead to
that direction:

● Keep important information such as your birthdate, address, Aadhar number, and financial
information private.
 ● Also, do not store intimate photographs on your electronic devices with an internet
connection and cloud storage.

● Be cautious about what you share, and when you share about your whereabouts.

● Furthermore, do not click suspicious hyperlinks or file attachments.

● Additionally, cover the web camera, unless necessary.

● Besides, always keep a genuine antivirus installed, and update your software regularly.

● Above all, be aware of online safety guidelines.

Moreover, we hope this newfound knowledge on harassment laws will be helpful in case you
find yourself deep in the murkiness of online bullying.
Required Evidence:  
It is pertinent to note that before you go on to take a legal course of action when you’re a victim
of any form of cybercrime, don’t delete photos, emails, or any other information sent by the
perpetrator since doing so makes it difficult to trace evidence in the virtual world. Also, consider
taking screenshots or printouts of the evidence and report the incident on the forum it has taken
place, for instance, a social media website, or a blog, that a form of harassment or crime has
happened.
At Last, steps to be taken by organizations to avoid online harassment
1. Companies to set up clear guidelines on how work from home should function in an
organization. (It is indeed an appreciable move by National Commission for Women wherein
they have instructed the Companies and organizations to frame guidelines)
2. Devise appropriate work from home rules including proper dress code for online meetings
4. Setting fixed time slots especially video calls for the women
5.  Banning posters and lewd messages/ images or memes against working women  
6. There should be a proper council to address all these concerns.
The advent of new normal i.e. work from home has made it possible for people to harass others
any time they want, making a confusing state for women. Women might not understand how to
draw the line,  what is offensive or indecent in an online world. Hence, its an organization’s duty
to create awareness, educate, support, and understand their women employees.

CONCLUSION

Every growth comes with some of its advantages and disadvantages. But it is own us how we use
those technologies. It is good until we use it with care, but it can quickly turn into a curse if we
do not use it with care. But it does not mean that we stay away from these technologies. We
should develop ourselves in the changing world but with utmost care. Firstly, we have to
understand the pros and cons; secondly, we must have full knowledge of using that particular
technology because half-knowledge of anything is dangerous. The Indian government has taken
many steps and made legislation for the protection of women from cyber-stalking, and online
harassment but these laws are nothing until we use or report for the crime, so at last, never fear to
take the step and not be afraid of what society will say.