Abstract
The fast paced digital spaces have become an extension of our physical existence and so have the institutions which were earlier limited to the offline world. This has also given rise to the problems surrounding delinquent activities such as cyber bullying. Online harassment is often done with the intention to humiliate the victim and subject them to social harms, irrespective of its implications, cyberbullying continues to be a commonplace among student populations in universities. The lack of a robust legal framework, redressal and institutional support worsen the problem, it is therefore important for educational institutions to observe, act, and inspire, safer online behaviour and spaces. A number of jurisdictions globally have attempted to define cyberbullying in various legal instruments. All of these definitions, unfortunately, are overbroad and therefore infringe on free speech. The Indian legal framework presently has no definition of cyberbullying, and it is difficult to fit every instance into the pigeon-hole of an existing civil, or criminal, wrong. We propose an objective definition of cyberbullying. This definition must be discovered by a sample survey of persons with internet access, mental healthcare professionals, and legal experts, to arrive at an objective definition that protects persons from cyberbullying to the fullest extent possible while not infringing on free speech. The institutional enforcement mechanism suggested is a comprehensive one with focus on ways to reduce cyber-bullying. Tackling cyber-bullying by holding offenders accountable at the same time respecting due process rights of the same alleged offender and channelling appropriate resources for the victim to reduce the harm brought in by cyberbullying. We focus on a fair impartial process. Even while the whole world loses respect for due process, we believe that it is non-negotiable.
Published Version
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