Theme: Online Abuse

Does the Government have the power to monitor my internet usage? Does this amount to stalking?

If the government decides to monitor your internet usage, it is not an act of stalking, provided:  – 

  • The monitoring was done to prevent or detect any crime and the official accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the state or;
  • The monitoring was pursued under any law like the Information Technology Act. 

Please remember that the government can monitor your data under the Information Technology Law only if it:

  • Is in the interest of the sovereignty or integrity of India.
  • Is regarding the defence of India and the security of the state.
  • Relates to friendly relations with foreign states.
  • Is to maintain public order.
  • Is to prevent incitement to the commission of any offence under the Information Technology Act.

The agency of the government authorizing the interception and monitoring of the information should state the reasons for monitoring in writing.

How much information do I need to file an online complaint against online abuse ?

Gather as much information as you can. Taking screenshots of relevant messages, conversations, and comments can help your case. For online crimes, you can approach the cyber crime branch of the police. Unlike other crimes, cyber crimes are usually not limited by the jurisdiction within a state. You can report to the cyber cell of any city, even if the offence was committed when you were in a different city. A list of details of cyber crime cells can be accessed here. If you are unable to file a complaint in the cyber cell, you can file an FIR with the local police station. The Women and Child Development ministry has also set up a dedicated cyber cell to help women who have been abused online.

When and how do you file a complaint against online abuse?

There is no minimum threshold for the amount of abuse or harassment you should have suffered before filing a complaint. In the first instance, it may be useful to report such instances to the platform on which the abuse is taking place.(( The Information Technology (Intermediaries guidelines) Rules, 2011.)) If that is ineffective, you can check whether the harassment is similar to any of the situations discussed above.

What do I do if hate messages about a religion are being shared on a whatsapp group? Is this a crime? Can I file a police complaint?

Indian laws have criminalized hate speech against religion under the Indian Penal Code of 1860. Under Section 153A of the Code, a police complaint can be filed against anyone who promotes enmity, disharmony or ill-will between different groups on grounds of religion by words either spoken, written or visuals, or deliberately tries to offend the feelings of any class of people by insulting their religion or religious beliefs. The person can be punished with imprisonment which may extend to three years or fine or with both.

Impersonation and Sexual Harassment via Whatsapp Groups

In this situation, you can approach the police or cyber cells with a criminal complaint.

As per Section 66D of the Information Technology Act, anyone who cheats other people on Whatsapp by pretending to be someone else can be legally punished. The punishment is imprisonment for up to three years and a fine of up to Rupees one lakh. 

Further, under Section 354A of the Indian Penal Code, any man who makes sexually coloured remarks is punishable for the offence of sexual harassment. The punishment for this is imprisonment for up to one year and/or a fine.

A criminal complaint can be filed by the victim of a crime, anyone who knows the victim, or someone who knows that a crime has taken place. To know more about how to file the complaint, read here.

I am being harassed on Facebook by someone living abroad. Do I need to be physically present in India to file a complaint online?

You can file a complaint for online abuse even if you are not physically present in India using the following options:

Online Crime Reporting Portal

You can also lodge a complaint by using the Ministry of Home Affairs’ Online Crime Reporting Portal. You may be redirected to a specific State Government’s website to register a complaint.

Register a complaint in the section “Services for Citizen”, and click on “Report a Cyber Crime ”. Here, you can provide information about the offender, the victim, and the incident along with any supporting evidence, such as screenshots. You can report anonymously or with identification, and you can track your complaint as well.

Cyber Crime Reporting Portal

You can also directly file a complaint on the Cyber Crime Reporting Portal. Complaints can also be made anonymously.  You can complain against various cybercrimes by selecting the option ‘Report Cyber Crime Related to Women/Child’ or ‘Report Other Cyber Crime’. You must login and create an account and select “Report and Track” if you wish to track your complaint.

Stopping the Abuse

Online abuse is any type of abuse that happens on the internet, whether it’s over chat, posting on message boards and forums, through social networks, playing online games or using mobile phones. 

Online abuse happens on various platforms on the internet such as social media, chat, forums, etc. When faced with online abuse, your first step should be to see what the anti-abuse policy of the platform is, and what steps the platform recommends for you to stop it. We have compiled a list of steps you can take for responding to abuse (blocking and reporting) on Facebook, Facebook Messenger, Twitter, Instagram, SnapChat, Reddit, YouTube, WhatsApp, and text messages on your phone.

If the administrators of the platform are not being responsive or you are unhappy with the results, you can also file a criminal complaint at the local police station or cyber investigation cell. It is not necessary for you to get recourse only after approaching the platform administrators. You can directly approach the police station or cyber cell to file a complaint.  When you go to the police station to file a first information report (FIR), the police have to note down the information you provide. Different provisions in law1 make online abuse and online harassment a crime. The victims of such crimes can be male or female.

  1. The Indian Penal Code, 1860; Information Technology Act, 2000 [↩]

Reporting Online Abuse

If you are a victim of online abuse or know someone being victimised, you must report it to the authorities. You can report online abuse in any of the following ways:

Approaching the Police Station

When you go to the police station to complain about a case of online abuse that you have faced, they will ask you to file an FIR. You should make sure you give all the information you know about the incident and abuse that you have faced.

Cyber Cell

Cyber Cells are present in every state and some police stations may have a unit designated to work on cyber crimes. These cells or units will look into and help you out in cases of online violence such as online stalking, hacking, etc. In many states, you can file a complaint online through the website of the cyber cell. For instance, for Delhi, you can file an online complaint here.

If you want to file a complaint, you will have to either:

  • File a complaint online with your respective state’s Cyber Cell website or
  • Approach the police station where you will have to file an FIR which will be forwarded to the Cyber Cell.

Complaint Portals

Online Crime Reporting Portal

You can also lodge a complaint by using the Ministry of Home Affairs’ Online Crime Reporting Portal. You may be redirected to a specific State Government’s website to register a complaint.

Register a complaint in the section “Services for Citizen”, and click on “Report a Cyber Crime ”. Here, you can provide information about the offender, the victim, and the incident along with any supporting evidence, such as screenshots. You can report anonymously or with identification, and you can track your complaint as well. 

Cyber Crime Reporting Portal

You can also directly file a complaint on the Cyber Crime Reporting Portal. Complaints can also be made anonymously.  You can complain against various cybercrimes by selecting the option ‘Report Cyber Crime Related to Women/Child’ or ‘Report Other Cyber Crime’. You must login and create an account and select “Report and Track” if you wish to track your complaint.

Cyber Safety

To be safe and free from abuse on the online platforms that we use in our day-to-day lives, you can follow the following tips based on the kind of user you are and the use of the online platform:

Blocking Users on Phones

If you are being harassed by someone through calls and texts, you can block them on your phones following these steps:

Android Phones

Block Calls

To block calls on Android, go to call history and click on the contact for a few seconds. Tap on the option “Add to Blacklist” and all the calls from that number will be rejected.

Block Texts

To block SMS’s on Android, go to the SMS list and click on the SMS you want to block for 2-3 seconds and you will see the block option on the top right corner of the screen. You will continue to receive messages from that number but won’t be notified anymore and the conversation will be archived.

Apple iPhones

With iOS, you can block contacts and phone numbers on your device. You can also filter iMessages from unknown senders and report iMessages that look like spam or junk. See here for further details on the same.

Cyber Stalking

If any person monitors the following used by a woman, it amounts to cyber stalking:

  • Internet
  • Email
  • Any other form of electronic communication
  • Social media platforms

For example, if someone is contacting you on multiple social media platforms despite making it clear that you are not interested in interacting with this person, then this means that they are stalking you online.

Anyone who is stalking you, if convicted for the first time, can face jail time up to three years and a fine, and on the second conviction, jail time up to five years and a fine.1

  1. Section 354D, The Indian Penal Code, 1860. [↩]

Anonymous Threats and Blackmailing

If you get anonymous threats online or you are blackmailed online, you can file a complaint with the cyber cell. To file a complaint, it is not necessary to know who is responsible for the crime. You should try and tell the police whatever you know, but you don’t have to know all the details. The person threatening or blackmailing you may be punished with jail time up to seven years or a fine or both.1

  1. Section 507, The Indian Penal Code, 1860; Section 503, The Indian Penal Code, 1860; Section 506, The Indian Penal Code, 1860. [↩]

Abusive Language and Photoshopping

If someone uses abusive language against you online or photoshops your image into content which is abusive or sexually coloured, that person can be punished1 under the law. The abusive language or picture or video should:

  • Relate to a feeling or revealing of a sexual interest or sexual desire against you or;
  • Relate to any excessive interest in sexual matters or;
  • Relate to content which would deprave or corrupt you, if you read or saw it online, like pornography.

The punishment for the first conviction is jail time up to three years and a fine up to five lakhs and for the second conviction, a jail term which may extend to five years and a fine up to rupees ten lakhs. 

  1. Section 67, Information Technology Act, 2000. [↩]

Physical Threats

Online threats of causing physical injury or harassment can be intimidating, and is considered a crime. For example, if someone messages you on Facebook that they will beat you up, it is considered a threat of physical injury. You can approach the relevant authorities, and file a complaint. 

In legal terms, this is called criminal intimidation, and it is punishable with jail time up to two years or a fine or both.1

  1. Section 506, The Indian Penal Code. [↩]

Identity Theft

Identity theft refers to the act of someone dishonestly stealing and making use of your password, electronic signature, or other unique identification feature. For example, if your classmate steals your Instagram password, it is an instance of identity theft. 

Identity theft is punishable with jail time of up to three years and a fine of up to one lakh rupees.1

  1. Section 66C, The Information Technology Act. [↩]

Impersonation

Impersonation refers to the act of assuming a fake identity with the intention to deceive a person through the use of a computer or any communication device. For example, if someone posts a picture through your Facebook profile, while pretending to be you, it is a case of impersonation. 

The punishment for impersonation is jail time of up to three years and a fine of up to one lakh rupees.1

  1. Section 66D , The Information Technology Act. [↩]

Obscene Materials and Sexual Harassment

The law punishes different kinds of crimes if obscene material is shared or you face sexual harassment online:

Publishes or distributes obscene material online

If someone publishes or distributes obscene material online, it is considered a crime. For example, if someone publishes pictures of a naked woman. This is punishable1 with jail time of up to three years and a fine of up to five lakhs on first conviction, and jail time of up to five years and a fine of up to ten lakhs upon any subsequent conviction.

Publishes or distributes materials that display sexually explicit acts

Further, if someone publishes or distributes materials that display sexually explicit acts, it is also considered a crime. For example, if someone publishes a video of two people engaging in sexual intercourse without their permission, he may be punished under the law. This is punishable2 with jail time of up to five years and a fine of up to ten lakhs on first conviction, and jail time of up to seven years and a fine of up to ten lakhs upon any subsequent conviction.

Showing Pornographic Material

Showing pornographic material to a woman when she does not want to watch it is considered sexual harassment, and is a crime under the law.3 The punishment for this is jail time of up to three years or a fine or both.

  1. Section 67, The Information Technology Act, 2000. [↩]
  2. Section 67A, The Information Technology Act, 2000. [↩]
  3. Section 354A, The Indian Penal Code, 1860. [↩]

Personal Photos/Videos of You

If someone takes, distributes or publishes your personal photographs or videos without your permission, it is considered a crime. For example, if someone takes pictures of your private parts and publishes them on their Facebook account, they have committed the offence of violation of privacy1. The punishment can be jail time up to three years or a fine up to two lakh rupees or both.

It is also a crime to take, view, or circulate pictures of a woman engaging in private acts. It is known as voyeurism2, and is punishable with jail time of up to 3 years and a fine.

  1. Section 66E, The Information Technology Act. [↩]
  2. Section 354C, The Indian Penal Code. [↩]

Insulting Religion

If someone intentionally and with malice, says or writes something that insults your religion or religious beliefs, it is considered a crime under the law. For example, if someone insults your religion by calling it unpleasant names through a Facebook post.

These acts are punishable with jail time  of up to three years or a fine or both.1 

  1. Section 295A, The Indian Penal Code. [↩]

Account Takeover and Unauthorised Access

If someone takes over your online account, accesses your data or the hardware/software on your computer without your permission, that person is guilty of the offence of unauthorized access.1 For example, if someone gains access to your Gmail account without your permission. 

The offender is liable to pay you damages/compensation by way of a monetary amount not exceeding one crore rupees. However, it needs to be established that the offender accessed your account dishonestly.2

  1. Section 43(a), The Information Technology Act. [↩]
  2. Section 24 and 25, The Indian Penal Code, 1860. [↩]