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Online Abuse in India
Laws and Cyber-Bullying Cases
Context: In the wake of the Pahalgam terror attack, the widow of slain Navy Lieutenant Vinay Narwal, Himanshi Narwal, made a powerful plea for peace — urging against the vilification of Muslims and Kashmiris. But instead of support, the young widow faced an onslaught of online abuse.
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- Narwal’s experience is part of a growing pattern of cyber harassment in India, especially targeted at those challenging dominant narratives.
- Foreign Secretary Vikram Misri, after announcing a ceasefire understanding between India and Pakistan on May 10, faced a wave of abusive comments — some aimed at his daughter — prompting him to lock his account.
Rise of Trolling and the Legal Vacuum
- Evolving Cybercrime: Cybercrime in India is evolving rapidly, with terms like cyberbullying, online stalking, hate speech, and doxxing — the unauthorised sharing of private information — becoming commonplace.
- These forms of digital abuse disproportionately affect women and minorities, often fuelled by coordinated political campaigns.
- No Comprehensive Law: Despite the growing menace, India lacks a comprehensive law to address online hate speech and trolling.
- The current framework is piecemeal, spread across the Bharatiya Nyaya Sanhita (BNS), 2023 and the Information Technology (IT) Act, 2000.
- Provisions like Section 74 (outraging a woman’s modesty), Section 75 (sexual harassment), Section 351 (criminal intimidation), and Section 196 (promoting enmity between groups) are limited in scope and applicability to online contexts.
- The IT Act supplements these with sections dealing with identity theft and publication of obscene material.
- Complex Nature: However, legal experts argue that these laws fall short of addressing the complexity and volume of online abuse today.
Platform Accountability and Government Regulation
- Role of Platforms: As public pressure mounts globally, social media platforms are being scrutinised for their role in amplifying hate speech and misinformation.
- While tech giants claim to self-regulate through community guidelines, critics argue that profit-driven models often override ethical content moderation.
- Study: A recent study by the Centre for the Study of Organised Hate found that X (formerly Twitter) has become a high-speed distributor of hate speech, with content targeting South Asian and immigrant communities in the UK, especially under the guise of “grooming gang” conspiracies.
- Section 69A of the IT Act: In India, Section 69A of the IT Act allows the government to block content in the interest of national security and public order.
- Non-compliant platforms risk losing their “safe harbour” protections under Section 79.
- But critics warn that these provisions are increasingly being used to suppress dissent and critical journalism.
- Court’s Ruling: The Supreme Court’s 2015 ruling in Shreya Singhal v. Union of India upheld Section 69A but emphasised transparency and judicial oversight — something not consistently followed by the government today.
Doxxing and the Ambiguity of “Publicly Available” Data
- A pivotal 2023 case before the Delhi High Court saw a woman doxxed online after criticising a high-profile politician.
- Trolls shared her personal photos, workplace details, and home address.
- Although the court ordered X to take down the posts and reveal user identities, it controversially ruled that the content wasn’t legally classified as doxxing since it was “publicly available.”
- This exposes a major flaw in the Digital Personal Data Protection (DPDP) Act, 2023, which exempts data already “publicly available” — a term it fails to define clearly.
- The lack of specificity could create legal loopholes allowing harassers to aggregate fragmented online data for targeted abuse.
Enforcement, Not Just Legislation, Is the Problem
- Robust Enforcement: Legal experts argue that creating new laws is meaningless without robust enforcement.
- Complexity: Anonymity, cross-border jurisdiction issues, and lack of cybercrime training among law enforcement officials further exacerbate the problem.
Way Forward
India is at a critical juncture in balancing free speech with protection against online harm. While strengthening laws is essential, experts emphasise the need for:
- Clear definitions for online abuse, including doxxing and hate speech
- Transparent government takedown procedures with judicial oversight
- Improved content moderation by platforms with third-party audits
- Greater cybercrime training for law enforcement
- Institutional support for victims, especially women and minorities
