If you are stuck in such a situation, here is what to do.
Ms. Anika Varma, a young graphic designer from the city of Amodhpur, recently stumbled upon a series of videos on a popular social media platform. The creator, who went by the online persona 'Guru Gyanendra', was propagating deeply hateful and misogynistic ideas. His content openly glorified the practice of dowry, used vile and derogatory language to describe women, and asserted that victims of sexual assault were "asking for it." He also claimed that most cases of domestic violence were fabricated by women for financial gain.
This content was profoundly disturbing for Anika. It brought back painful memories of her college years when she and her friends faced constant street harassment and lewd comments, incidents that were often dismissed by elders and authorities as "boys being boys." She felt that online influencers like 'Guru Gyanendra' were poisoning minds and emboldening the very men who harass and disrespect women in the real world. Determined to take a stand, Anika decided to explore the legal avenues available to combat such online hate speech and hold its creators accountable.
Advice in such cases
If you encounter such content or are targeted by it, it is crucial to act methodically and safely.
- Document Everything: Before you report the content, take clear screenshots and screen recordings of the posts, videos, comments, and the profile of the person or group responsible. Make sure the URL is visible. This is your primary evidence.
- Report to the Platform: Use the social media platform's built-in reporting tools to flag the content for hate speech, harassment, or bullying. While this may not always result in immediate action, it creates a record of your attempt to resolve the issue through the platform's channels.
- File a Police Complaint: You can file a complaint at your local police station or with the Cyber Crime Cell of the police in your city. A complaint can be filed against the person creating the content.
- Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Applicable Sections of Law
While "misogyny" itself is not a defined crime, the acts stemming from it are punishable under various Indian laws. With the introduction of new criminal laws, several provisions can be invoked:
- Bharatiya Nyaya Sanhita, 2023 (BNS): This Act replaces the Indian Penal Code.
- Section 195(1)(a) of BNS: This section punishes acts that promote enmity between different groups on grounds of religion, race, place of birth, residence, language, caste, community, or any other ground whatsoever, including sex. Spreading hatred against women as a group falls squarely under this provision.
- Section 79 of BNS: This section addresses acts, gestures, or words intended to insult the modesty of a woman. Publishing derogatory and sexually coloured content targeting women online can be prosecuted under this section.
- Section 113 of BNS: This section deals with criminal intimidation. If the content includes threats of injury to a person's reputation or property, this section can be applied.
- The Information Technology Act, 2000 (IT Act): This Act remains a key legislation for cybercrimes.
- Section 67: This section penalizes the publication or transmission of obscene material in electronic form. Content that is lascivious or appeals to prurient interests can be targeted under this section.
- Section 67A: This deals with the punishment for publishing or transmitting material containing sexually explicit acts in electronic form.
If you are the complainant
As the person filing the complaint, your role is proactive and crucial.
- Gather Evidence: Compile all your documented evidence—screenshots, URLs, recordings, and any other relevant information—in an organized manner.
- Draft a Clear Complaint: Write a detailed complaint mentioning the sequence of events, the nature of the content, the harm it is causing, and the specific profiles or accounts involved.
- Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
- Follow Up: After filing the complaint, obtain a copy of the First Information Report (FIR) and regularly follow up with the investigating officer on the progress of the case.
If you are the victim
If you are personally targeted by such misogynistic attacks, your safety and well-being are the priority.
- Prioritize Your Mental Health: Being a target of online hate can be traumatic. Seek support from friends, family, or mental health professionals.
- Secure Your Accounts: Enhance the privacy settings on your social media profiles. Block the harassers and any associated accounts.
- Do Not Engage: It is tempting to respond to attackers, but it often fuels their behaviour and can lead to further escalation. It is best not to engage with them directly.
- Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
How the police behave in such cases
The response from the police can vary. Cyber Crime Cells in metropolitan cities are generally more equipped and trained to handle such complaints. However, in some cases, officers at local police stations might lack awareness about the specific legal provisions for online hate speech. They might initially be dismissive, categorizing it as a minor issue. This is where persistence and legal representation become vital. An advocate can ensure the complaint is filed under the correct sections of law and that the police take it seriously. The investigation process involves registering an FIR, contacting the social media intermediaries to get details of the accused (like IP address and account information), and collecting digital evidence as per the law.
FAQs people normally have
What evidence is required?
The most crucial evidence is digital. This includes:
- Clear, unedited screenshots and screen recordings of the offensive posts, videos, and comments.
- The web links (URLs) to the profiles and the specific content.
- Details of the account holder if available (username, name, etc.).
- If you have received direct threats, screenshots of those messages are critical.
How long will the investigation take?
The duration of a cybercrime investigation can be unpredictable. It depends on several factors, including the responsiveness of the social media companies (which are often located overseas), the complexity of tracing the accused who may be using VPNs or fake profiles, and the workload of the investigating agency. Simple cases might be resolved in a few months, while more complex ones can take a year or longer to investigate and bring to trial.
Advocate Sudhir Rao, Supreme Court of India