The author "Sushil Pujari" is a practising advocate at Rajasthan High Court. He is presently holding the post of Hony Secretary, Rajasthan High Court Bar Association, Jaipur. He has expressed his views on 'Cyber Stalking" in this Article.

Introduction
In today's digital age, the internet and social media have become a very important parts of our daily lives. There are unprecedented and unbelievable opportunities for communication, entertainment, and information sharing. However, these advancements have also paved the way for new forms of harassment and threats, one of the most concerning being cyber stalking. Cyber stalking involves the use of technology to harass, intimidate, or stalk individuals, often leading to severe emotional and psychological distress for the victims.

What is Cyber Stalking?

Cyber stalking can be defined as “repeated use of electronic communications to harass or frighten someone”. This can include a variety of activities such as sending threatening emails, hacking into personal accounts, spreading false information, and using social media platforms to track and intimidate. Unlike traditional stalking, cyber stalking can be conducted from anywhere in the world, making it difficult to trace and stop.

Forms of Cyber Stalking

Cyber stalking can manifest in various forms, including:
1.    Email Harassment: Sending repeated and unwanted emails that may contain threats, insults, or other forms of harassment.
2.    Social Media Stalking: Using social media platforms to monitor and harass individuals. This can involve creating fake profiles, posting malicious comments, or sharing private information without consent.
3.    Text Messaging and Phone Calls: Sending threatening or harassing text messages or making repeated phone calls.
4.    Online Impersonation: Creating fake profiles to impersonate the victim, often leading to reputational damage or financial harm.
5.    Hacking and Surveillance: Gaining unauthorized access to personal accounts, computers, or devices to monitor activities and steal sensitive information.

The Impact of Cyber Stalking

The effects of cyber stalking can be devastating. Victims often experience a range of emotional, psychological, and physical consequences, including:
•    Emotional Distress: Persistent fear, anxiety, and stress are common among victims. The constant harassment can lead to depression and feelings of helplessness.
•    Social Isolation: Victims may withdraw from social interactions to avoid further harassment, leading to isolation and loneliness.
•    Reputation Damage: False information or rumors spread by the stalker can harm the victim's personal and professional reputation.
•    Financial Loss: In cases where the stalker gains access to financial accounts, victims may suffer significant monetary losses.

Legal Framework and Protection

Many countries have recognized the severity of cyber stalking and have enacted laws to protect victims and punish perpetrators. These laws typically encompass:
•    Anti-Stalking Legislation: Laws specifically targeting stalking behaviors, including cyber stalking.
•    Cyber Crime Laws: Broader legislation addressing various forms of cyber crimes, including hacking, identity theft, and online harassment.
•    Restraining Orders: Victims can seek restraining orders to prevent the stalker from contacting or approaching them, both online and offline.

Prevention and Safety Tips

While legal measures are crucial, individuals can also take steps to protect themselves from cyber stalking:
1.    Privacy Settings: Regularly review and adjust privacy settings on social media and other online platforms to control who can access personal information.
2.    Strong Passwords: Use strong, unique passwords for all accounts and enable two-factor authentication where possible.
3.    Limit Sharing: Be cautious about sharing personal information online, including location, contact details, and daily routines.
4.    Report and Block: Report any suspicious or harassing behavior to the relevant platform and block the stalker immediately.
5.    Stay Informed: Keep up-to-date with the latest cybersecurity practices and threats.

Famous Cases of Cyber Stalking

Several high-profile cases have brought the issue of cyber stalking into the public eye, highlighting the severity and impact of this digital menace. Here are some notable instances:

1. Randi Zuckerberg
Randi Zuckerberg, sister of Facebook founder Mark Zuckerberg and former Director of Market Development and spokesperson for Facebook, faced a serious case of cyber stalking. In 2011, a man named John Anderson was charged with stalking and harassing Randi and her family through threatening messages and emails. Anderson's harassment included graphic and threatening content, which caused significant distress to Randi and her family. The case underscored the vulnerability of even those closely connected to major technology companies.

2. Amanda Todd
Amanda Todd, a 15-year-old Canadian teenager, became the victim of relentless cyber bullying and cyber stalking, which tragically led to her suicide in 2012. Amanda was blackmailed by an online predator who had coerced her into sharing a topless photo. The predator used the image to continuously harass and humiliate her online, leading to severe emotional distress. Amanda's story gained widespread attention, highlighting the devastating impact of cyber stalking and the need for stronger measures to protect vulnerable individuals online.

3. Erin Andrews
Erin Andrews, a well-known sports reporter, was the victim of a high-profile stalking and cyber stalking case. In 2008, Michael David Barrett secretly recorded videos of Erin through peepholes in her hotel rooms and posted the footage online. The videos went viral, causing immense emotional trauma and damage to Erin's personal and professional life. Barrett was later sentenced to prison, and Erin successfully sued the hotel for negligence. The case drew significant media attention and raised awareness about the importance of privacy and security in both physical and digital spaces.

4. Chris Chan (Christine Weston Chandler)
Christine Weston Chandler, better known as Chris Chan, is an internet personality who has been subjected to extensive cyber stalking and harassment over the years. Chris Chan's online presence and personal life have been the target of numerous trolls and stalkers who have hacked accounts, spread false information, and created defamatory content. The persistent harassment has had severe psychological effects on Chris Chan, demonstrating the long-term impact of cyber stalking on individuals with significant online followings.

5. Mischa Barton
Actress Mischa Barton became a victim of revenge porn and cyber stalking when an ex-boyfriend attempted to sell explicit videos and images of her online without her consent. Mischa took legal action to prevent the distribution of the material and to hold the perpetrator accountable. Her case brought attention to the intersection of cyber stalking and revenge porn, emphasizing the need for legal protections against such forms of exploitation and harassment.

Famous Indian Cases of Cyber Stalking
India has seen several high-profile cases of cyber stalking that have brought attention to the severity of the issue and the need for robust legal frameworks and enforcement mechanisms. Here are some notable cases:

1. Ritu Kohli Case (2001)
One of the earliest recorded cases of cyber stalking in India involved Ritu Kohli, a resident of Delhi. In 2001, Ritu Kohli reported to the police that someone had been chatting on the internet using her name and had given her home address to strangers, which led to her receiving numerous unsolicited calls at odd hours. The case was registered under Section 509 of the Indian Penal Code, which deals with outraging the modesty of a woman, and Sections 67 and 72 of the Information Technology Act, 2000. This case was significant as it highlighted the need for specific laws to address cyber stalking.

2. Air India Employee Case (2013)
In 2013, an Air India air hostess filed a complaint against a colleague for sending her obscene messages and stalking her online. The accused, an engineer with Air India, had been harassing the victim by sending explicit messages and emails. The police arrested the engineer under Section 509 of the IPC and Section 66A of the IT Act. This case brought attention to the issue of workplace harassment and the role of cyber stalking in such situations.

3. Mangalore College Student Case (2014)
A case from Mangalore in 2014 involved a college student who was cyber stalked and harassed by a man named John Dias. The accused had created a fake Facebook profile in the victim's name and posted her morphed pictures along with defamatory content. The victim filed a complaint, and the police arrested Dias under Sections 66A and 67 of the IT Act and Section 509 of the IPC. The case underscored the impact of social media in cyber stalking incidents.

4. Ayesha Kapur Case (2017)
Ayesha Kapur, an aspiring actress from Mumbai, was cyber stalked by a man who sent her hundreds of explicit messages and emails over several months. The stalker, identified as Sandeep Bajaj, had been sending obscene content and threats to Ayesha. The Mumbai Police arrested Bajaj under Sections 354D (stalking) and 509 (insulting the modesty of a woman) of the IPC and relevant sections of the IT Act. This case highlighted the psychological impact of cyber stalking on victims and the need for swift legal action.

5. Snapchat Harassment Case (2018)
In 2018, a Mumbai-based woman was harassed and cyber stalked by a man she met on Snapchat. The accused, a 30-year-old man named Ankit, had been sending the woman explicit messages and threats. When she blocked him on Snapchat, he continued to harass her by creating multiple fake profiles. The woman filed a complaint, and Ankit was arrested under Sections 354D and 509 of the IPC and Sections 66E and 67 of the IT Act. This case illustrated the challenges of dealing with persistent cyber stalkers who use multiple online identities.

Laws Governing Cyber Stalking in India

Cyber stalking is a growing concern worldwide, and India is no exception. Recognizing the gravity of this issue, India has implemented several legal provisions to address and combat cyber stalking. Here are the primary laws and legal frameworks governing cyber stalking in India:

1. Information Technology Act, 2000 (IT Act)
The IT Act, 2000, is the cornerstone of India's cyber laws. It provides legal recognition to electronic transactions and addresses various cyber crimes, including cyber stalking.
•    Section 66E: This section penalizes the violation of privacy. It states that capturing, publishing, or transmitting the image of a private area of any person without their consent, in circumstances violating their privacy, is punishable with imprisonment up to three years or with a fine not exceeding two lakh rupees, or with both.
•    Section 67: This section deals with publishing or transmitting obscene material in electronic form. It is punishable with imprisonment for a term which may extend to five years and with a fine which may extend to ten lakh rupees on the first conviction, and with imprisonment of up to seven years and a fine which may extend to ten lakh rupees upon second or subsequent conviction.
•    Section 67A: This section pertains to publishing or transmitting material containing sexually explicit acts in electronic form. It is punishable with imprisonment for a term which may extend to seven years and with a fine which may extend to ten lakh rupees on first conviction and with imprisonment of up to ten years and a fine which may extend to ten lakh rupees upon second or subsequent conviction.

2. Indian Penal Code (IPC), 1860
The IPC, 1860, includes several sections that address crimes related to stalking, harassment, and intimidation, which can be applied to cyber stalking cases as well.
•    Section 354D: This section specifically addresses stalking, including cyber stalking. It defines stalking as following a woman and contacting or attempting to contact her to foster personal interaction repeatedly despite clear indications of disinterest by such a woman. It includes monitoring the use of the internet, email, or any other form of electronic communication. The punishment for the first conviction is imprisonment up to three years and a fine, and for subsequent convictions, imprisonment up to five years and a fine.
•    Section 507: This section deals with criminal intimidation by an anonymous communication, punishable by up to two years of imprisonment in addition to the punishment for the intimidation itself under Section 506.

3. Protection of Women from Domestic Violence Act, 2005
Although primarily focused on domestic violence, this Act also provides legal recourse for women facing harassment, including cyber stalking, from intimate partners or family members. The Act allows for protection orders, residence orders, and monetary relief to safeguard victims from further harassment.

4. National Cyber Crime Reporting Portal
In addition to the legislative framework, the Indian government has established the National Cyber Crime Reporting Portal (www.cybercrime.gov.in) to facilitate the online reporting of cyber crimes, including cyber stalking. This portal allows victims to file complaints easily, which are then forwarded to the respective law enforcement agencies for investigation and action.

India's legal framework provides robust measures to combat cyber stalking, offering protection and recourse to victims. However, the effectiveness of these laws depends on their enforcement and the awareness of both victims and law enforcement agencies. Continued efforts are necessary to educate the public, improve reporting mechanisms, and ensure that perpetrators of cyber stalking are held accountable.

Conclusion
Cyber stalking is a serious and growing threat in our increasingly digital world. It can have profound impacts on victims, affecting their mental health, social life, and financial stability. Awareness, education, and proactive measures are essential in combating this menace. By understanding the risks and taking steps to protect ourselves, we can create a safer online environment for everyone.

If you or someone you know is experiencing cyber stalking, it is important to seek help from law enforcement and support organizations. Remember, no one should have to endure harassment or fear in the digital space.

Share this News