SOCIAL MEDIA: PLATFORM FOR TRASH TALK AND CRIME

The author of this blog is Mr. Samarth Garg pursuing B.A.L.LB (HONS), 1st Year student at Maharashtra National Law University, Mumbai.

We have come so far, our journey has been tough. We abolished the practice of Sati, killing of female foeticide, child marriage and so many other evil social practices that India had a history of. Yet we lag in this very 21^st century, the modern era or the society influenced by western culture. Still talking about sex is a taboo and that is the major reason behind the recent happenings which shook the entire nation. 

“What really engenders these issues is the stereotype mindset that the Indian society carries because of which the atmosphere created around the teenagers is very opaque”^[1]. The famous Bois locker room page on Instagram which became the talk of the nation was a group which consisted of teenage boys aging from 14-16 years all coming from influential families and studying in the elite schools of Delhi. 

“The cause of this page was a lack of proper sex education and deep social and gender education failure. Resistance to sex education has continued across states, leading to alarmingly low levels of awareness about safe sex practices, sexually transmitted infections and abuse”^[2]. This has led to cyberbullying and various cybercrime happening on social media platforms.

The lockdown has made an extraordinary gap among guardians and kids. There is no physical contact, students are hyperventilating on the web, turning out to be obscure survivors of cybercrime. Students are building up an abnormal propensity for not sharing anything with parents, they are a bottle up a lot. And one day, the fizz gets out of their system and they take some drastic steps. 

What happened was a page on Instagram was made by a gathering of students from elite Delhi schools who don't have a clue about the word "assent". The disclosures in regards to the 'Bois Locker Room' a bunch of high school boys in Delhi have revealed insight into the toxic masculine behaviour among boys even of this age, which add to the rape culture that torment our general public, examined future sex positions with future partners, including flipping young ladies over their stomach during sex. Rapes and gangrape’s are pondered, pictures of underage young ladies are passed around. The page was supposedly utilized for sharing photographs of underage young girls, typifying them, and rape culture. 

There are various heinous activities carried out online using technology and one such which is prevalent is using the social media platforms. A similar online networking stages that you use to stay aware of loved ones – Facebook, Twitter, Instagram and YouTube have offered access to a tremendous worldwide digital criminal system One simple answer is that these destinations make it extremely simple to share and pass on pretty much anything – and that incorporates malware. this situation where these little fellows have utilized the foundation of internet-based life, made a virtual gathering and ridiculing young ladies and harassing them, body disgracing, sharing frightful substance. It is additionally a simple stage to be obvious and share questionable, indecent and private pictures, talks and different messages.  

The boys involved in this disgraceful act were mostly minors because of which there was not much that law could do. But the admin of the group who is a major is arrested and one minor has also been apprehended while many others have been questioned by the police. Further, the cyber cell is on the run now and is keeping a track to know more about it and such groups which must be there.

“The provisions under which the accused can be convicted. The Information technology act, 2000 and under Protection of Children from Sexual Offences Act 2012 (POCSO Act)”^[3].

Violation under Information Technology Act,2000

1. Section 66 E IT ACT, 2000-Violation of privacy^[4].

 This covers the sharing of images of “a private area of somebody without his or her consent. The term private area means naked or undergarment clad genitals, pubic area, buttocks or female breast. The sharing of personal images of any girls in the group (even those that are 18 or above) would be an offence under this section. 

In the given situation the law is applicable because the group had private pictures of girls and were shared online. 

2. Section 67A IT ACT, 2000-Transmitting sexually explicit content^[5]. 

This covers the sharing of any images that show an individual engaged during a sexual act or conduct. The sharing of real or morphed images purporting to indicate the ladies (underage or otherwise) engaged during a sexual act would be an offence under this section. 

 Images which showed an obscene morphed photo of ladies within the group, talking about having sex and indulging in talking about rape and gangrapes at such a young accuses them under this section.

3. Section 67B, IT ACT - Transmitting Sexually Explicit Material depicting a child^[6].

 This covers not just the depiction of youngsters in sexual acts or conduct, but the creation or distribution of any digital text or images that depict children “in obscene or indecent or sexually explicit manner”. The sharing of any real or morphed images of underage girls on the group would be considered an offence under this section – and maybe even several the comments and discussions on the group could fall within its ambit additionally. 

The chats within the group together with the photographs falls under the ambit of this section. The group indulged in sharing morphed photo and talking about sex positions, about dominance etc. Thus, they are liable under this section.

Violation under POSCO ACT  

SECTIONS 14 & 15, POCSO ACT - Child porn the use of a child for pornographic purposes^[7]

Which covers photos of their sexual organs or their indecent/obscene representation – is an offence under Section 14 of the POCSO Act. Even the storage of any pornographic material involving a toddler with the intention of sharing it, is an offence under Section 15. The sharing of morphed and real images of underage girls on the ‘Bois Locker Room’ group, would be a violation of those provisions. 

Apart from these provisions, there are certain sections of the Indian Penal Code which makes these group members liable for voyeurism, stalking etc. 

Conclusion

After analysing the Bois locker room it is understood that India society lives under a bubble. By saying this I mean we tend to refrain from topics which are taboo at the identical time controversial. For example- for an Indian kid to speak about sex with his/her parents isn't comfortable, talking about porn isn't something you may do with them. Thus, we aren't able to express ourselves with mature people and end up talking to kids who are the same age. Further, there aren't any programmes at school which cater to subjects like gender education, sex education etc. What's more important to grasp is the speed at which social media platforms are expanding and youngsters of tender age using them. Being on social media is an element of being cool and thus it becomes important for the kid to know what's appropriate and what's not. I believe talking, asking and being attentive to kids could be a reply to this. If we develop a culture where we can have an open conversation with our parents as times are changing and it's important for the parent to indicate the proper path. This may improve their psychological state and therefore the curiosities and anxieties they need in mind and if they hear something from you, they're going to trust it more. It is again important if the kid knows about things which are taboo in order that he/she can act in a matured way. If he's unaware about something, he will desire to know about it. Encouraging schools/colleges to open up about such topics. Lastly, what's important now making them responsive to the pros and cons of social media and use of technology. Maintaining cyber hygiene— offering age-appropriate devices to children, a regulation of screen time, a mutual agreement of screen usage within the family, communicating together with your children about identifying threats. Explain about Cyber-bullying — cyber-stalking, flaming (using abusive language outing (sharing private information to humiliate), harassment, rumouring, trolling, exclusion — is rampant amongst children nowadays. Development of laws revolving around the internet and social media can be a step forward like in this situation the cyber cell of India was able to track down this group.

It is not only parents' duty to ensure proper usage of internet and social media platforms, but it is the big corporations that control these applications to adopt minimal safeguarding standards for teenagers, so that the sites and apps they use are free from abuse. There can be identity verification while registering into the site by using a government ID which will ensure that person with appropriate age enters. Also, monitoring the activities of the accounts is very important for assessing whether undignified activities are not happening at their platform. This is the only way forward to curb similar events happening in future.

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^[1] Ravi, S. (2020, May 22). Bois Locker Room, a reflection of an existing mindset. Retrieved May 28, 2020, from https://www.thehindu.com/news/cities/Delhi/bois-locker-room-a-reflectionof-an-existing-mindset/article31638044.ece

^[2]Sachdev, V. (2020, May 05). Can Members of the 'Boys Locker Room' Group be Punished Under Law? Retrieved May 28, 2020, from https://www.thequint.com/news/law/boys-locker-room-criminal-offences-ipc-it-act-pocso-sharing-images-underage-girls

^[3]India Legal. (2020, May 06). Advocates Write To SC Seeking Action Against The Members Of "Bois Locker Room". Retrieved May 28, 2020, from https://www.indialegallive.com/constitutional-law-news/courts-news/advocates-write-to-sc-seeking-action-against-the-members-of-bois-locker-room-98469

^[4]Section 66E in The Information Technology Act, 2000. (n.d.). Retrieved May 28, 2020, from https://indiankanoon.org/doc/112223967/

^[5]Section 67A in The Information Technology Act, 2000. (n.d.). Retrieved May 28, 2020, from https://indiankanoon.org/doc/15057582/

^[6]Section 67B in The Information Technology Act, 2000. (n.d.). Retrieved May 28, 2020, from https://indiankanoon.org/doc/176300164/

^[7]Pti. (2019, July 10). Government approves changes in POCSO Act, includes death penalty for sexual offences against children. Retrieved May 28, 2020, from https://economictimes.indiatimes.com/news/politics-and-nation/government-approves-changes-in-pocso-act-includes-death-penalty-for-sexual-offences-against-children/articleshow/70159690.cms?from=mdr