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    Manasa M Dhar
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    The document discusses the issue of cyberstalking. It defines cyberstalking as the use of technology such as the internet and computers to harass or threaten another person. Cyberstalking is a crime against an individual rather than property. The prevalence of cyberstalking has increased due to the rise of social media. The document examines Indian laws regarding cyberstalking and suggests broadening the understanding of this crime and defining it in a more comprehensive manner.

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    Cyberstalking in India and the US mostly

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    The document discusses the issue of cyberstalking. It defines cyberstalking as the use of technology such as the internet and computers to harass or threaten another person. Cyberstalking is a crime against an individual rather than property. The prevalence of cyberstalking has increased due to the rise of social media. The document examines Indian laws regarding cyberstalking and suggests broadening the understanding of this crime and defining it in a more comprehensive manner.

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    Attribution Non-Commercial (BY-NC)
    Download as PPTX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pptx, pdf, or txt
    107 views22 pages

    Cyberstalking

    Uploaded by

    Manasa M Dhar
    The document discusses the issue of cyberstalking. It defines cyberstalking as the use of technology such as the internet and computers to harass or threaten another person. Cyberstalking is a crime against an individual rather than property. The prevalence of cyberstalking has increased due to the rise of social media. The document examines Indian laws regarding cyberstalking and suggests broadening the understanding of this crime and defining it in a more comprehensive manner.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPTX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pptx, pdf, or txt
    of 22

    CYBERSTALKING

    Seminar Paper Presentation for Internet Crimes Manasa M Dhar (2010-38)

    Each morning I wake up wondering, is this the day I will die? I spend most of my day looking over my shoulder .... I can't sleep at night listening for noises that he is in my house. When I do sleep my dreams are about being stalked and killed. There isn't a moment, awake or asleep that I can escape the fear. -Statement of David Beatty, Director of Public Policy, National Center For Victims of Crime, quoting a victim he spoke with over the Center's toll-free hotline

    What is Stalking?
    Stalking, in general terms, means behaviour of one person which harasses or threatens another. Advent of internet and advancement in technology has redefined the contours of this crime.

    What is Cyberstalking?
    No universally accepted definition of cyberstalking. Can be broadly understood as the use of technology such as internet and computer to harass or threaten another person

    Crime against a person and not property Medium of commission Is any harm caused? Prevalence of cyberstalking increased manifold due to proliferation of social networking websites Ease of commission

    Significance of the study


    Regulation of interpersonal communication in the cyberspace The need was felt after the murder of Rebecca Schaeffer Until recently, the law governing cyberstalking was Section 509 of the IPC, Sections 66A and 67A of the IT Act. Criminal Law (Amendment) Act, 2013 introduced provision on stalking and cyberstalking: Section 354D

    Behavioural Patterns
    8 forms of behavioural patterns: i. hyper-intimacy ii. mediated contacts iii. interactional contacts iv. surveillance v. invasion vi. harassment and intimidation vii. coercion and threat viii. aggression

    Types of Cyberstalking
    Overlap between offline stalking and cyberstalking Third party incitement to stalk Corporate stalking Medium

    Medium
    1. Email Stalking

    2. Internet stalking

    3. Computer stalking

    Similarities and Differences between Offline Stalking and Cyberstalking


    Similarities i. Gain control ii. Harass or threaten

    Differences i. Real time communication iii. Third party incitement to stalk v. Creation of multiple identities and the veil of anonymity

    ii. Wide dissemination iv. Internet is borderless

    vi. Jurisdictional issues vii. Ability to impersonate the victim

    Effects of Cyberstalking
    The impact that such activities have on the victim are predominantly in terms of physical, mental, social and cognitive health

    Threat to physical and sexual health Threat to mental health as it has the ability to instil fear or anxiety or cause a person to feel ashamed about oneself or devalue ones self-worth by infusing tendencies of being suicidal, create disturbed sleep patterns, cause depression or psychiatric morbidity Distorted social relations Maladaptiveness and personality disorders.

    Criminalising Cyberstalking
    Principles: The language of the statute should be broad and should not confine itself to communication to a particular medium statutes should be drafted in such a manner that would keep issues relating to jurisdiction at the minimum

    Requirement of mens rea Knowledge and not intention Requirement of actus reus Proximity Convey threat Credible threat Reasonable person feels harassed and threatened

    Constraints to legislation
    Challenge on the ground of violation of freedom of speech and expression Compelling state interest
    Jurisdictional issues

    Indian Law
    Section 354D makes it punishable for a man, on first conviction with imprisonment upto three years with fine, and on a second or subsequent conviction upto five years and fine, to monitor the use by a woman the internet or email or any other form of electronic communication. This provision is not applicable if such a monitoring is done in pursuit of preventing or detecting a crime, or is done so in compliance with the law or because of certain reasonable and justifiable circumstances.

    Analysis of the Indian Law


    1. Not gender neutral 2. Definition of cyberstalking is vague and inadequate Only strict interpretation in penal statutes Direct juxtaposition of the law on offline stalking in this context Does not include all the typologies of cyberstalking 3. Excludes the requirement of either mens rea or knowledge 4. Exceptions created may lead to abuse

    Suggestions and Conclusion


    Need to broaden our understanding of this crime New definition proposed Any person, including groups of persons, associations, companies, who/which makes communication to harass, threaten, intimidate, annoy or embarrass another person using any form of electronic communication with another such person is said to have committed the act of cyberstalking. Explanation: for the purposes of this section, when a person incites third parties to engage in cyberstalking activities, that person is said to have committed the act of cyberstalking.

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