Don't fear the Trolls! Know the Laws that can protect you against Trolling

Trolls are all around the internet. Created intentionally just for fun, trolls can be really troublesome. Every day there are endless instances of people being trolled for no rhyme or reason on social media. Be it celebrities, politicians, or any other person, no one can get away with the trolls but it is important to know how you can tackle the trolls legally!

Who are Internet Trolls?

Trolls are basically those people who post abusive and controversial remarks or comments on the social media and other platforms just to bother other people. 

Trolls can go to any extent from sending abusive and obscene messages, personal attacks, and comments about your family, children, and friends to even sending death threats. The maximum trolling happens on social networking sites such as Facebook, Twitter, and Instagram, blogs, email, YouTube videos, and forums. Trolls have the ability to demean the overall quality of online discussion or debate and persuade people to believe them. Due to such an extreme level of online trolling these days, some websites have been forced to turn off the option to comment on their articles/posts to discourage trolling. Trolling could become a serious form of  cyber-bullying .

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Is trolling punishable?

There is no law specifically addressing trolling, but Indian laws like the Indian Penal Code 1860 (IPC) and the Information Technology Amendment Act 2008 (IT Act) make trolling a crime and punishable under the law. Here are the laws that can help you fight against online bullies: 

Information Technology Act (IT Act)

• Violation of Privacy : It punishes anyone who & lsquo intentionally' or knowingly captures, publishes, or transfers the image of a private area of any person without his/her consent violating the privacy of a person under Section 66E IT Act . Therefore, if someone takes a photograph, records a video, or publishes or transfers such picture/video of your private area without your permission, then that person is liable to be punished with imprisonment up to 3 years and a fine of Rs. 2 lakh.

• Publishing Sexually Offensive Material on the Internet : Section 67 of the IT Act allows for a maximum 3 year jail term and a fine up to Rs.10 lakh if a person posts offensive sexual content in an electronic medium on the Internet. Repeat offenders can be punished by 7 years in prison with the same fine.
   

Indian Penal Code (IPC)

• Sexual Harassment - When lewd comments are posted by a person on social media, they are liable under Section 354A IPC and can be punished with one-year imprisonment and a fine. It also includes posting or messaging pornographic content against the will of a woman and demanding or requesting sexual favors which are punishable with three-year imprisonment and/or a fine.

• Voyeurism - If any person watches or captures an image of a woman during a private act and publishes those images/videos etc., then legal action can be taken against that person under Section 354C IPC . Private acts may include a picture of the naked woman, using a washroom, or a woman indulging in sexual acts.

• Online Stalking - If a person tries to contact a woman and foster personal interaction despite her disinterest and monitors her through the internet, email, or any other electronic communication, he is liable for the offense of stalking under Section 354D and to be punished with imprisonment up to three years with fine. If such an instance continues, the repeat offender would be punished with five years imprisonment with a fine.

• Outraging the modesty of a Woman - a person who blatantly posts sexual remarks or pictures or videos filled with sexual suggestions on social media or any gesture or object that a woman can see is liable to be punished under Section 509 IPC with the punishment of three years jail along with fine.

• Defamation - Though defamation is generally used in high-profile cases, however, if any person intentionally uses any words, signs, or visible representations, or publishes anything only to harm your reputation, he/she can be punished with defamation under Section 499 IPC. Remarks on social media, obscene images, or videos posted for public view are also covered under this offense.

• Criminal intimidation - Any person who threatens a woman with an intention to harm her and conceals his/her identity by taking precautions can be jailed for up to two years under Section 507 IPC . This is very helpful and effective in dealing with online trolls or threats of rape as a complaint can be filed against the harasser without knowing his or her identity.
   

Why do you need a lawyer?

Online harassment or bullying or even serious trolling are crimes and the person committing them should not be let free. While some legal matters can be handled alone, a criminal case as serious as this may warrant the legal advice of a qualified cyber crime lawyer who can protect your rights and secure the best possible outcome for your case. Owing to his/her experience in such cases, a cybercrime lawyer is an expert in dealing with the complexities involved in such cases and this is why having a good lawyer by your side to guide you always adds up to your potential in dealing with the case. You will be guided in the right direction by a competent lawyer.

Advocate Chikirsha Mohanty

Greater Kailash - 1, Delhi
5 years

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