Cyber sexual harassment refers to the occurrence of unwanted, offensive, or threatening behaviors of a sexual nature that take place through digital platforms and communication channels, causing harm or distress to the victim.
Cyber sexual harassment involves unsolicited explicit content, cyberstalking, sexualized bullying, non-consensual sharing of intimate content (revenge porn), sexual coercion, online grooming, etc.
Legal Provisions
- Voyeurism: Sections 66E, 67A, and 67B of the IT Act address the acts of voyeurism and online privacy violations, including capturing or transmitting explicit material. Section 354C of IPC penalizes capturing or disseminating images of a woman in private without consent, with imprisonment ranging from one to seven years.
- Sharing Obscene Material: IPC Sections 354A and 292 penalize sharing obscene material without consent, with imprisonment up to five years and fines. IPC Section 294 addresses obscene acts in public, punishable by imprisonment up to three months or fine.
- Online Stalking: Currently, there are no specific legal provisions for online stalking, but Section 72 of the IT Act penalizes the unauthorized release of someone’s information online with imprisonment up to 2 years or fine.
Cases:
Recently, a Hyderabad-based software engineer was arrested by Mumbai Police for making rape threats against Indian cricketer Virat Kohli’s 10-month-old daughter after a cricket match loss to Pakistan. The accused faces charges under IPC Sections 354A, 506, 500, along with IT Act Sections 67 and 67B.
In the case State of West Bengal v. Animesh Boxi (2018), the Defendant uploaded intimate photos of his ex-girlfriend on pornographic sites, leading to his conviction under various IPC and IT Act sections. He received a five-year sentence and a Rs. 9000 fine, marking a significant ruling in revenge porn cases. In Jahid Ali v. Union of India (2017), the Delhi High Court ruled that online messages of sexual nature by employers to co-workers constitute harassment, highlighting the effectiveness of POSH guidelines in digital spaces.
Measures taken by the Government to Tackle Cyber Crimes:
- The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 holds social media platforms accountable for user safety and require intermediaries to adopt grievance redressal mechanisms.
- The Indian Cyber Crime Coordination Centre (I4C): Established to coordinate law enforcement agencies against cyber-crime.
- CCPWC Project: Implemented under the Nirbhaya Fund to raise awareness, provide training, and improve cyber forensic facilities to combat crimes against women and children.
- National Cyber Crime Reporting Portal: Enables the public to report cyber-crimes, especially those against women and children, with a toll-free helpline (1930) for lodging complaints.