KOCHI: The Kerala High Court has stressed the urgent need for comprehensive legislation to address cyberbullying, highlighting that it extends beyond sexual harassment and remains inadequately covered by existing laws.
The bench of Justice C S Sudha noted that while the IT Act does not explicitly define cyberbullying, amendments to the Indian Penal Code in 2013 introduced provisions related to stalking and voyeurism.
However, no specific legal provisions exist to tackle online harassment in non-sexual contexts. The Bharatiya Nyaya Sanhita, enacted in 2024, also lacks such provisions, the judge said.
The court made the remarks while dismissing the appeal filed by K V Fakrudeen of Malappuram against the Ernakulam Sessions Court’s rejection of his pre-arrest bail plea.
Fakrudeen is accused of uploading a video containing derogatory remarks against a woman from the SC/ST community on an online platform.
Opposing his appeal, the public prosecutor argued that Fakrudeen’s custodial interrogation was necessary to seize the equipment used for editing and uploading the video. After reviewing the video, the court deemed the content indisputably derogatory and a clear instance of online harassment.
Dismissing the appeal, the bench warned against the misuse of free speech on social media, stating that many believe they have unchecked liberty to create content, issue baseless criticisms, or engage in abusive behaviour without consequences.
The court emphasised that the growing prevalence of cyberbullying underscores the need for stronger legal safeguards.