In today’s technology-driven era, social media has become an integral part of everyday life, especially for younger generations who use it as a platform to share their thoughts, ideas, and opinions. Platforms like Instagram, Twitter, and Facebook provide easy access to social news, blogs, vlogs, and much more, allowing users to connect and exchange information in various forms—text, music, and images—regardless of their location. While social media offers many advantages, it also raises significant concerns, particularly regarding privacy and security. The spread of false or misleading information on these platforms can have serious repercussions, highlighting the need for caution and responsibility in its usage.
NEW DELHI: In today’s technology-driven world, social media has become a significant part of daily life, with many young people choosing it as a platform to express their ideas, thoughts, and opinions. Various social media platforms, such as Instagram, Twitter, and Facebook, offer users convenient access to social news, blogs, vlogs, and more. These platforms enhance social connectivity by enabling users to share information through text, music, and images seamlessly, regardless of geographical distance.
While social media provides numerous benefits, it also raises concerns, particularly around privacy and security. A single piece of inaccurate or false information shared on these platforms can have detrimental effects on society.
WHAT IS SOCIAL MEDIA?
Social media today encompasses a wide range of platforms beyond traditional social networking sites like Facebook or microblogging platforms like Twitter (now rebranded as X). It includes video-sharing platforms like TikTok and YouTube, photo-centric apps like Instagram, discussion forums like Reddit, messaging apps like WhatsApp, and even professional networking sites like LinkedIn. Broadly, social media refers to any web or mobile-based platform that facilitates interactive communication and the sharing of user-generated content, reflecting its evolving role as a tool for information exchange, entertainment, advocacy, and commerce in modern society.
Platforms like Facebook and Twitter, with millions of users in India, enable instant connection with vast audiences, including marginalized groups, breaking barriers of time and place. Social media also facilitates direct interaction with individuals, empowering citizens to share feedback, voice opinions, and participate in discussions, as seen during the Libyan crisis, where the Ministry of External Affairs used Twitter to coordinate the evacuation of Indian citizens.
MONITORING OF SOMEONE ELSE’S SOCIAL MEDIA
Monitoring someone’s social media without their consent, especially with the intent to harass, intimidate, or invade their privacy, is not only unethical but also illegal. Such actions can constitute stalking, cyberstalking, or a breach of privacy, depending on the circumstances.
Social media platforms cannot be said to be an open invitation for surveillance or misuse of personal information, and unauthorized monitoring can lead to significant legal consequences.
Laws worldwide, including those addressing cybercrimes, are increasingly recognizing the importance of protecting individuals from digital harassment, ensuring that everyone has the right to use social media without fear of being watched or targeted.
Monitoring someone’s social media, email, or other forms of electronic communication with the intent to harass, intimidate, or cause fear constitutes cyberstalking. This crime involves using digital means to invade a person’s privacy, creating fear of violence or disrupting their mental peace.
Stalking, whether online or offline, encompasses a range of actions, such as following someone to their home or workplace, damaging their property, leaving threatening messages or objects, or making harassing phone calls. Both traditional stalking and cyberstalking are invasive behaviors that undermine a person’s sense of safety and well-being.
LAW ON CYBERSTALKING IN INDIA
The Information Technology Act, 2000, and the Indian Penal Code, 1860, address the issue of cyberstalking in India. However, these laws are often criticized for being gender-biased, as they primarily aim to protect women, whom lawmakers have historically considered a vulnerable group. Notably, there are no specific provisions exclusively dealing with cyberstalking, but certain sections indirectly cover it.
1. Section 354D of the IPC
Added through the Criminal Law Amendment Act of 2013 following the Delhi gang-rape case, Section 354D defines “stalking” to include both physical and cyberstalking. It states:
“(1) Any man who follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or monitors the use by a woman of the internet, email, or any other form of electronic communication commits the offence of stalking.”
This provision criminalizes monitoring a woman’s internet usage and defines the scope of activities constituting stalking. However, the section has certain shortcomings:
Firstly, it is gender-biased, as it only recognizes women as potential victims, ignoring the fact that men can also be victims of stalking.
Second, it fails to specify the “method of monitoring,” leaving room for ambiguity. An individual could unintentionally engage in actions perceived as stalking without intending harm.
2. Section 292 of the IPC
Section 292 criminalizes the dissemination of obscene materials. If a stalker sends obscene content via social networking sites, emails, or messages intending for the recipient to see, read, or hear such material, it constitutes a punishable offence under this section.
Cyberstalking includes sending obscene language or material online to harass, intimidate, or deprave the recipient, making the offender liable under Section 292.
While these provisions aim to address cyberstalking, their gender bias and lack of clarity on certain aspects highlight the need for more comprehensive and inclusive legislation.
3.Section 509 of the IPC
It pertains to acts intended to insult the modesty of a woman. It states:
“Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen by such woman, or intrudes upon her privacy, shall be punished.”
A stalker may be prosecuted under this section if their actions violate a woman’s privacy through gestures, words, or communication via emails, messages, or social media posts. However , this section is also gender-biased, addressing only women as victims and overlooking the fact that men can also be targets of such crimes. Additionally, its applicability to online actions is limited as it requires words to be spoken, sounds to be heard, and gestures to be seen—criteria not easily met in the digital space. Furthermore, proving the intent to insult a woman’s modesty in online communications can be challenging.
4.Section 67 of the IT Act, 2000,
It is akin to Section 292 of the Indian Penal Code , criminalizes the publication of obscene material in electronic form. If a stalker shares obscene content on social media to harass or intimidate a victim, they can be held liable under this provision.
5.Section 67A of the IT Act, 2000
It is introduced through the 2008 amendment, specifically targets the dissemination of sexually explicit material online. A stalker posting such content via emails, messages, or social media can be charged under this section.
6. Section 67B of the IT Act, 2000
It was also added in 2008, focuses on crimes involving children under 18 years. It penalizes the publication of materials depicting children in sexual activities, aiming to protect minors from online exploitation.
7. Sections 66E (IT Act) and 354C (IPC)
It address acts of voyeurism. Section 66E prohibits capturing, publishing, or transmitting private images of any individual without consent, thus providing broader protection.
Section 354C, however, is gender-specific and targets men who observe or record women engaged in private acts without their consent. These sections also address situations where a stalker hacks a victim’s account to share private photos online, causing psychological harm to the victim.
The new criminal law (Bhartiya Nyaya Sanhita,2023) , provide the following offence for monitoring someone’s use of internet :
Section 78 of Bhartiya Nyaya Sanhita, 2023,
Any man who,
- follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or
- monitors the use by a woman of the internet, e-mail or any other form of electronic communication, commits the offence of stalking;
Provided that such conduct shall not amount to stalking if the man who pursued it proves that,- it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or
- it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
- in the particular circumstances such conduct was reasonable and justified.
Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
Conclusively, monitoring someone’s social media without their consent is a punishable offense under various provisions of Indian law. Acts such as cyberstalking, harassment, and invasion of privacy are criminalized under sections of the Indian Penal Code (IPC) and the Information Technology Act (IT Act). Key provisions like Section 354D of the IPC, which addresses stalking, and Sections 66E and 354C of the IT Act, dealing with voyeurism and privacy violations, hold offenders accountable for unauthorized monitoring or sharing private content. Moreover, Sections 67 and 67A of the IT Act penalize the publication of obscene or sexually explicit material online.
These legal frameworks are in place to protect individuals from online harassment, ensuring that the act of monitoring or stalking someone’s social media is met with legal repercussions.
Therefore, such behavior is not only unethical but also subject to legal consequences aimed at safeguarding individuals’ privacy and dignity in the digital realm.
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