When online bullying crosses the line… DISGUSTING!
…emotional scarring, even suicides, are inevitable. What can be done to curb this menace? How much abuse will it take to see that cyberlaws have to be tightened?
Online insults, bullying, and the use of abusive language are plaguing the social media-dominated world of today. In India too, online insults have become commonplace – whether directed at movie stars, politicians, or the common man. Sadly, these insults are either ignored, or briefly made an issue of by victims, only to go back to ‘business as usual’ mode.
In the absence of strict measures to combat it, such incidents will reoccur.
Japan has enacted a new law that makes online insults punishable by fines and even imprisonment. People found guilty of online bullying or insults can face up to a year in prison or a fine of 300,000 yen (about $2,200) under the new legislation.
NOT EVERYONE CAN BEAR IT
● Hana Kimura, a professional wrestler, committed suicide in 2020 after receiving a barrage of online vitriol for her outspokenness on Terrace House: Tokyo, a hit series on Netflix. It took her death to wake the country up to the need for stiff measures to combat the growing threat of online abuse.
There is more than enough evidence that, in addition to causing emotional scarring and other psychological harm, online abuse can lead to suicide. of social media. Cheslie Kryst revealed shortly before her death that she was bullied and told she “wasn’t pretty enough to be Miss USA.” “I can’t tell you how many times I’ve deleted comments on my social media pages with vomit emojis and insults telling me I wasn’t pretty enough to be Miss USA, or that my muscular build was actually a ‘man body,’” she wrote.
● In India, actor Siddharth twisted the badminton term ‘shuttlecock’ a few months ago, to insult top player Saina Nehwal in a crass, sexual manner. “World champion of the subtle cock... Thank God for India’s protectors,” read his tweet.
After former Team India cricket captain Virat Kohli backed senior fast bowler Mohammed Shami and condemned religious discrimination, the now-defunct Twitter account @Criccrazyygirl threatened the infant daughter of Kohli and his wife, Bollywood actress Anushka Sharma, with rape.
Siddharth
CURRENTLY, INDIA DOES NOT HAVE ANY LAWS SPECIFICALLY TARGETING ONLINE HATE SPEECHES. INSTEAD, THE INDIAN PENAL CODE’S SECTIONS 153A, 153B, 295B, AND 505(2) PUT “REASONABLE” RESTRICTIONS ON FREEDOM OF SPEECH AND EXPRESSION — KEERTHI ANANTHA, a lawyer at Anantha Legal firm
Isn’t it time for India to enact tough laws to combat online hatred?
“Currently, India does not have any laws specifically targeting online hate speeches. Instead, the Indian Penal Code’s sections 153A, 153B, 295B, and 505(2) put “reasonable” restrictions on freedom of speech and expression, explains Keerthi Anantha, a lawyer at Anantha Legal firm.
Under these sections, people can be punished for inciting enmity, hatred, or disharmony on the basis of religion, caste, colour, race, language, residence, region, or community.
“The essence of liberty is freedom of expression. One of the most difficult challenges confronting the autonomy and free speech principles is ensuring that this liberty is not exercised in a way that is harmful to any individual or section of society,” Keerthi notes.
The central government recently brought in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. “These rules seek to impose a multi-layered regulatory system on social media companies as well as online news portals in India, making it mandatory for these companies to appoint India-based officers to fix “liability” (these employees can face criminal charges if they fail to comply with content-removal orders),” says Keerthi.
She believes that developing a regulatory mechanism will be difficult, but that any regulatory framework that emerges must ensure that it not only protects the right to free speech in a democracy, but also creates safeguards against the impact and process of social media amplification of hate speech/trolling, which can have an offline, realworld impact.
“As is the case with every law, the mere formulation of a document means nothing if it is not implemented in the right way,” she cautions. “It is high time we bring in a law and also a regulatory body. The provisions of the IPC are not adequate. Moreover, determining the identity of the abuser and getting his address in order to punish him under the IPC are next to impossible,” says A Venkatesh, a senior advocate at the Telangana High Court.
He says that while there are no laws dealing with the issue currently, such offences which are directed against women are viewed a bit seriously.
THE PROVISIONS OF THE IPC ARE NOT ADEQUATE. MOREOVER, DETERMINING THE IDENTITY OF THE ABUSER AND GETTING HIS ADDRESS IN ORDER TO PUNISH HIM UNDER THE IPC ARE NEXT TO IMPOSSIBLE” —
A VENKATESH, senior advocate at the Telangana High Court