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 21st 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.
[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
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