Saturday, October 31, 2009

BEWARE OF VOYEURISM : THE LAWYER SPEAKS

http://www.cybervictims.edu.tf/

 I am doing a survey on my friends on their cyber awareness. The survey has not yet completed but I got to see many of them came across pornographic sites accidentally or intentionally ...............well, our Indian law speaks nothing about viewing pornographic sites AT YOUR OWN WISHES; but many countries including the US feel that it is a RIGHT to check some pornographic images in your own PC if you are an adult and if you are not distributing it or harming anyone. 
But imagine if you get to see your own images in some pornographic sites ? The face of the nude "model" who is taking bath under a shower or the one who is changing her lingerie and that apparently looks like a "change room" in a garment shop; or of a sexy bikini suited "model" whose  private parts are *accidentally* showing ; or even a sleeping beauty whose breasts are showing ...................does it looks like  you? YES IT COULD BE YOU when you are photographed by a spy cam and the pictures are uploaded in pornographic sites. The technology has made it possible to watch any beautiful thing to view in its ugliest , abused form .......You just can't help it.. 
But wait.. now the law is with you. You may not feel like visiting the lawyer or the police  immediately after getting to see these "not so funny" staffs ,but you better know your rights. The amended Indian informations technology Act ( 2008) in section 66E do speak about not only securing your privacy in the internet , but also prevention of voyeurism .The Indian penal Code was a silent guard of the Indian cyber space, as many of its provisions were being stretched to cover these sorts of offences which were very new to Indian cyber space users.But now voyeurism which includes  capturing images of  private parts of individuals and distributing them in the cyber space, has got a legal tag as a  criminal offence.

Voila .... Indian laws are now at par with other domestic cyber laws to protect such attrocious works in the internet . But in reality this particular provision may need more nurturing to serve the victims.Many government  reporting agencies do feel that these new laws are half baked. This is true to a certian extent. A law should not be created just to tag an action as an ofence , but to balm the victim's pain and teach the wrong doer with strict punishment. .

Saturday, October 17, 2009

The lawyer says: Cyber bullying Part-3

http://www.cybervictims.edu.tf/

When you get “bullied”, the first reaction of yours would most likely be to attack the bully more aggressively. But are you really doing justice? Remember what Munna bhai did in Lage raho Munna bhai? When Lucky send his men to “teach Munna a lesson, he patiently took one slap and offered the man to slap on his left cheek, thinking he would not hit him anymore…… but the guard did it again… and this time Munna gave him a good punch. And what did Bapu tell him? It is very tough to control yourself from being aggressive at these times.

Same thing happens in the net also. As I have pointed out in the earlier posts, it starts with a simple remark (may be a little pinching) and the bullied and the bully make up a castle of not so funny words. The situation turns so sour that the victim may even start thinking of lodging a police complaint. But does this really make an offence? .Can cyber bullying be regulated by Indian laws? Infact cyber bullying was not recognized as an offence at all till the beginning of millennium. It was considered as an internet behavioral fault, just the way many schools treat in-house bullying of students as a behavioral fault. The US first recognized the severity of the problem and enacted anti cyber bullying law in the name of Megan Meir, a teenager victim of cyber bullying. Now several US parliamentarians are debating for enacting anti cyber bullying law for adults as well , even though the attempt is getting pretty “cold response”. The existing Indian Information technology Act 2000 never really thought of regulating such cyber atrocities. Neither the Indian Penal Code had some specific provision for preventing bullying words. Infact, no one can still adjust with the idea that bullying is no more a childish activity. Adults are also equally bullying and the difference between children bullying each other and adults’ playing the same game lies in the degree of maturity. Children bully for fun, for taking childish revenge and they may even become friends after severe bullying episode, if some adult or peer intervenes and counsels them. Adults know the gravity of the words; bullying vocabulary can be enriched by filthy, obscene words, obnoxious cartoons and even teasing remarks accompanied by violent pornographic images. More so, if and when they are displayed in any website, social networking forums or even walls of the individual’s profiles, the bullying behavior attracts defamation of the victim in front of the wide audience. In such a case, the offence can be booked under provisions of the Indian Penal Code, for defamation, criminal intimidation, annoyance etc along with the exiting provisions on breach of privacy in the Information technology Act. However, the new amendments in the IT Act , 2008 address the problem in a more focused way. Once the new amended Act comes in to existence, cyber bullying (by children as well as adults) can be prevented in a better way than how it is being dealt with now. Hence Bullies be careful…. Mind your language in the internet; it can put you in legal net.