CYBERBULLYING AND INDIAN LEGAL REGIME: AN OVERVIEW
Keywords:
Cyberbulling, social media, legislationAbstract
duction:
The word cyberbullying did not even exist a decade ago, yet the problem has become a
pervasive one today.1 Kids have been bullying each other for generations. The latest generation,
however, has been able to utilize technology to expand their reach and the extent of their harm.
This phenomenon is being called cyberbullying defined as: "willful and repeated harm inflicted
through the use of computers, cell phones, and other electronic devices." Basically we are referring
to incidents where adolescents use technology to harass, threaten, humiliate, or otherwise hassle
their peers. For example, youth can send hurtful texts to others or spread rumours using
smartphones or tablets. Teens have also created web pages, videos, and profiles on social media
platforms making fun of others. With mobile devices, adolescents have taken pictures in a
bedroom, a bathroom, or another location where privacy is expected, and posted or distributed
them online. Others have recorded unauthorised videos of their peers and uploaded them for the
world to see, rate, tag, and discuss. Still others are embracing anonymous apps or the interactive
capabilities on gaming networks to tear down or humiliate others.2 Bullying and hostility among
children is a longstanding and pervasive social issue (Jones, Manstead, & Livingstone, 2011).
Cyberbullying is the unfortunate by-product of the union of adolescent aggression and electronic
communication and its growth is giving cause for concern (Hinduja & Patchin, 2008.
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References
1. Australian Covert Bullying Prevalence Study, Edith Cowan University Library, May 2009,
available of file:///C:/Users/SONY/Desktop/ Australian%20 covert % 20 bullying % 20
prevalence % 20 study.pdf, accessed on 17.5.2018.
2. Convention On Cybercrime, Council of Europe, European Treaty Series- No.185,
available at
www.europarl.europa.eu/meetdocs/2014_2019/...dv/..._/7_conv_budapest_en.pdf,
accessed on 17.5.2018.
3. Cybercrime legislation-country profile, People's Republic of China, Project on
Cybercrime, available at www.coe.int/cybercrime, accessed on 17.5.2018.
4. Chandrasekhar, Gokul; Cyberbullying: Laws and Policies in India, available at
https://www.parentcircle.com/article/ cyberbullying-laws-and policies-in- India/, accessed
on 5.5.2018.
5. Education Legislation: Cyber-Bullying, by Converge Staff, March 16, 2009, available at
http:// www.centerdigitaled.com/edtech/Education-Legislation-Cyber-Bullying.html,
accessed on 14.5.2018.
6. Fung, Annis L.C., The Phenomenon of Cyberbullying: Its Actiology and Intervention,
Journal of Youth Studies, Jul 2010, Vol. 13, Issue 2, available at
search.ebscohost.com/login.aspx? direct=true...-, accessed on 17.5.2018.
7. Halder, Debarati, K. Jaishankar, Cyber Crimes against Women In India, Sage Publications,
New Delhi, 2017.
8. Halder, Debarati (Dr.), Children of internet era: A critical analysis of vulnerability of
children in the darker sides of social media and WhatsApp, Summer March 26, 2015,
available of https://works.bepress.com/debarati_ halder/3/, accessed on 16.5.2018.
9. Hinduja, Sameer, Justin W. Patchin, Cyberbullying: Identification, Prevention, &
Response, available at https://cyberbullying.org/ Cyberbullying- IdentificationPrevention-Response-2018.pdf, accessed on 5.5.2018.
10. Hudson, David L., Is Cyberbullying free speech? ABA Journal, available at
www.abajounal. com> In-Depth Reporting, accessed on 19.1.2018.
11. Information Technology Act, 2000, Bare Act, Eastern Book Company, Lucknow, 2015.
12. Mendez-Baldwin, Martha, Krista Cirillo, Matthew Ferrigno, Victoria Argento, Cyber
Bullying Among Teens- An Examinaton of Cyber-bullying and Social Media Use in Teens:
Prevalence, Attitudes and Behaviors, Journal of Bullying and Social Aggression, Volume
1, Number 1, 2015, available at sites. tamuc. edu/ bullyingjournal/ article/ cyber-bullyingamong-teens/, accessed on 5.5.2018.
13. Notar, Charles E., Sharon Padgett, Jessica Roden, Cyberbullying: A Review of the
Literature, Universal Journal of Educational Research 1 (1) : 1-9, 2013, available at
https://files.eric.ed.gov/fulltext/EJ 1053975.pdf, accessed on 5.5.2018.
14. Patterns of risk and safety online, August 2011, EU Kids Online network, available at
http://eprints.lse.ac.uk/39356/, accessed on 17.5.2018.
15. Sayed, Nazia, Mumbai Mirror, Updated Dec. 19,2014, available at
https://timesofindia.indiatimes.com › ... › News › Pooja Bedi booked under POCSO Act,
accessed on 32.5.2018
16. Smith, Alison M., Protection of Children Online: Federal And State Laws Addressing
Cyberstalking, Cyber harassment, and Cyberbullying, CRS Report for Congress, RL34651,
available at https://www.hsdl.org/? abstract & did=735549.
17. Surdin, Ashley, States Passing Laws to Combat Cyberbullying, Washington Post Staff
Reporter, Thursday, January 1, 2009, available at http://www.washingtonpost.com/wpdyn/content/article/ 2008/12/31/AR 2008123103067.html, accessed on 14.5.2018.
18. Sutton, Bonnie Bracey, Cyberbullying: An Interview with Parry Aftab, Posted on February
17,2011, Editor, Policy Issues, available at https://etcjournal.com/2011/02/17/7299/,
accessed on 5.5.2018.
19. The Protection of Children from Sexual Offences Act, Bare Act, Universal Law Publishing
Co., New Delhi, 2013.
20. Ullekh NP, Cyber Bullies, The New Adolescent Terror In India And How to Stop It,
OPEN, Volume 8 Issue 24, 14-20 June, 2016.
21. Willard, Nancy, Cyberbullying and Cyberthreats-Effectively Monitoring Internet Use
Risks in Schools, Centre for Safe and Responsible Use of the Internet, available at
https://dl.acm.org/citation.cfm? id=1396222, accessed on 5.5.2018.
22. Wennerstrom, Erik, EU-legislation and Cybercrime- A Decade of European Legal
Developments, available at www.scandinavianlaw.se/pdf/47-21.pdf,, accessed on
16.5.2018.
23. Zhou, Zong Kui; Hanying Tang, Yuan Tian, Hua Wei, Fernjuan Zhang, Chelsey M.
Morison, Cyberbullying and its risk factors among Chinese high school students, available
at http://journals.safepubs.com/doi/pdf/10.1177/ 0143034313479692, accessed on
17.5.2018.
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