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Social Media Via Cybercrimes In Emerging India

The word social media was heard about it. Today's generation is called Gen Z. If I say social media, they already started a conversation because of social media. They are discussing memes regarding the Indian Premier League season, some YouTube channels trolling the particular cricketer, post on Instagram and Facebook, famous celebrities.

And social media influences or selling and publicity of some cosmetics and food items, and regarding the issues of cyber crimes on social media platforms, for example, social media influences like Mr. X promoting the particular brand of clothing in the comment section. In this article, I would like to research the social media via

crimes emerging on these platforms like Facebook, Instagram, Snapchat, and some apps, etc.

Historical background of hate crime in the global level.
Hate speech is defined by Steven J. Hayman as speech that violates someone's right to recognition and dignity. It injures its targets unjustly in the process. Furthermore, it harms the community, which is made up of respect and acknowledgement for one another . How I define hate speech that

is hostile, malevolent, and biased toward an individual or group of individuals due to perceived or actual innate qualities. Hate speech is intended to incite hatred and is driven by hate. James von Brunn killed Security Guard Stephen Tyrone Johns in 2009 when he broke into the U.S.

Holocaust Memorial Museum in Washington, DC, and started shooting before more security officers intervened. Held in high regard by white supremacists and anti-semites alike, active-Nazi for many years before to the early 1990s, when the internet started to gain traction as a public forum. He had a long history of affiliations with well-known neo-Nazis and Holocaust deniers, and he used the internet to distribute his pamphlets and spread hate.

Anders Behring Breivik started a deadly rampage in 2011 when he set off a vehicle bomb in front of an Oslo government office, killing eight people, and then proceeded on a shooting rampage in Utoya Island, killing 69 more people. Breivik was driven by fear and Islamophobia. In his deranged mind, he believed that by assassinating Norwegian members of the socialist Labour party, immigration laws would be reexamined, which would ultimately result in coups didn't throughout

Europe, the expulsion of Muslims, and the punishment of traitors. He used the Internet to meet like-minded individuals, mingled with them, took part in their online and offline activities, and wrote his own lengthy manifesto, which justified murder and violence as necessary steps to protect.

White Europe and end the immigration problem. The Breivik attack constitutes a milestone. If before there was a close link between hate speech and hate crime, since his attack we discern a further connection between hate crimes and terrorism.

Historical perspective on hate crimes in India.
Under British control, the Indian population was subjected to severe oppression due to the repressive laws imposed by the British. Still, throughout the period of British colonialism, had been oppressed by the British's derogatory strategies. Hate crimes, or violent crimes motivated by prejudice, have surfaced numerous times since India was freed from colonial authority. Many of these acts continue to be a sore spot on the country's purportedly secular social fabric.

About 300 Kashmiri Pandits perished in the Kashmir region between September 1989 and 1990 as a result of a number of individual occurrences. Local Urdu periodicals Aftab and Al Safa ordered the expulsion of all Hindus who chose to stay in Kashmir in 1990 and encouraged fellow Kashmiris to wage religious warfare against Indians.

The story of Hindu annihilation in the name of jihad was meant to gain widespread traction. The result was masked individuals rampaging through the streets with assault rifles, like AK-47s, intending to kill Hindus who defied their orders to leave the area. All Hindu homes had notices posted on them telling them to leave within the next day or face consequences.

Social media via cybercrimes in these platforms:
Every day, over 5,000 cyber complaints are filed in India. According to him, cyber fraud cost 10,319 crore between April 1, 2021, and December 31, 2023. The number of cybercrime complaints received increased from 26,049 in 2019 to over 15.5 lakh in 2023. 31 lakh complaints against cybercrime have been received in the last five years, and 66,000 incidents have resulted in FIRs being filed. Most cyber crimes were reported from Haryana, Telangana, Uttarakhand, Gujarat and Goa. Among Union Territories, most complaints came from Delhi, followed by Chandigarh..

It is typical for people to become victims on social networking networks. It's not all terrible news, either. Among other things, social media has given criminal justice organizations new ways to solve crimes. Therefore, social media has a good, a bad, and an ugly side when it comes to its interaction with criminal justice and the law, much like many other improvements in communication technology.

Social media crime.
  1. Hacking and Fraud
  2. Online Threats, Stalking. Online trolling/ pulling/ blackmailing and intimidation
  3. Buying illegal things
  4. Posting videos of criminal Activities
  5. Child and women exploitation
  6. Stock trading scams
  7. Indian premier League Season ticket scam
  8. Sex Tortion

In India 43% of internet users and the second largest globally internet users. According to Oxford University 54 percent Indian go to the internet channel to address the truth comparatively 29% of United States having a 37 average globally. In January 2023 there are 448.8 million uses in Facebook and 252.4 million uses or Instagram, 96.79 million users in LinkedIn.

Hacking and Fraud:
It is also the kind of crime committed on social media in India. Although it may be acceptable among friends to gain access to a friend's social media account in order to post a humiliating status update, doing so is officially a serious crime. This suggests that the person who owns them imitation account intends to tribe users.

Online Threats, Stalking, Cyberbullying:
Using the internet and other technological resources, the attacker continuously troubles the victim. Additionally, fraudsters use online communication platforms like e-mail, social networking sites, messengers, etc. to exploit, threaten, shame, and humiliate their victims. Cyber Extortion is the cybercrime in which con artists send and receives obscenely objectionable sexually explicit text, photos, or videos via technology, particularly mobile phones.

Buying illegal things Through Facebook, Twitter, and WhatsApp, the offenders are spreading spam popularity in the simplest possible way. The same platforms are also being used to post and transport pornographic content.

Stock trading scams:
In this scam, victims get messages on WhatsApp or social media promoting classes offering free trading advice. Upon clicking the advertising, users will be taken to an unidentified WhatsApp group. Through these communities, scammers interact with the victims and convince them to Invest by providing free trading recommendations for buying and selling stocks.

After a few days, the scammers advise the victims to install trading apps so they can receive more instructions on how to trade stocks and make enormous profits.The victims install programs that aren't listed with the Securities and Exchange Board of India (SEBI), including INSECG, CHS-SES, SAAI, SEQUOIA, and GOOMI. On the advice of the con artists, they register and begin trading stocks. The money needed to purchase shares is deposited into the bank accounts that the con artists specify. The digital wallet displays fake profits.

Indian premier league season ticket scam:
The criminals created the fake website book.myshow-premium.net, emulating the legitimate bookmyshow.com ticketing website. For those who created a new account, the phony website purported to provide early access to game tickets. It had seats advertised for ₹1,650, which was less expensive than the Chennai Super Kings' (CSK) starting ₹1,700 ticket price. Their black market value is more than ₹25,000.

Following their completion of registration, customers were led by the fake website through an unusual payment process, requiring them to enter transaction details and make payments to a specific UPI ID.The user would then receive a bogus congratulations along with an order ID and a confirmation order. This fake website promised that tickets will be emailed to the user's registered address just 12 hours before to the match, in contrast to reputable platforms that provide a QR-code e-ticket immediately.

Sex Tortion
In a case of sextortion, 65 a Year-old retired Army man lost Rs3.75 lakh due to his naked videos being filmed over a phone call by frauds he had connected with on social media.The victim, a Wagholi resident, was threatened with money by the suspects in order to get the tapes removed.

They threatened to show his family the videos if they didn't get paid.The retired Army personnel filed a complaint with the cyber police station of Pune police. Following the application's verification, the Lonikand police received a formal FIR.

Quantum of cyber economic crime:
The issue of cybercrime is widespread, and India is not an exception. India has a high rate of cyber economic crime. The usage of the Internet has been seen to expand quickly across Asia. Since 2002, there has been a more than tenfold growth in the use of the Internet in China, Indonesia, and India.

According to additional reports, there has also been a notable increase in cybercrimes The creation of specialized software for commercial crimes on criminal networks has greatly increased the likelihood of cybercrime, with financial gain still the primary driver . Virtual financial crime, Cyber economic crimes, online frauds, online cheating is nothing but cyber economic crimes with different names. Basic modus operandi and motive of all these crimes are to get illegal financial gains.

Cyber economic crimes have characters of both the crimes. Indian researcher has defined the concept as Any dishonest and fraudulent activities in cyberspace using new multimedia technology in the era of communication convergence for wrongful gain and to cause wrongful loss to the victim who is prohibited by the criminal law.

Role of technology in both prepetrating and preventing such cyber crimes:
  • People process technology framework
  • Technological vulnerabilities
  • Prevention of data breach and data thefts
     
People process technology framework Individuals
The most crucial component of the framework is its people. It's ironic because, in terms of crime and security, this is the framework's weakest link. To have a holistic solution, the People and the Process must also be taken into account. The user needs are represented by the people component

of the equation. These are the ultimate users and consumers of technology in the workplace. Process The processes refer to regulations and laws that are available for using the technology. The criminal laws and procedural laws are also part of this stack. The loopholes in the regulations or laws are used by the criminals to commit the crime so that they can go un-punished.

These Loopholes are:
weaknesses in process fuels the intentions of the criminals and create hurdles for criminal justice System to trial, prevent and investigate the crimes.Technology Interestingly the cyber technology is the basic to this conundrum. The technology plays three different roles, as tool, as target and as facilitator in the process of crime.

Cursing the technology for cybercrime will be a skewed thought process. Technology plays a pivotal role in the various changes in the society. Information technology has now changed communication, transportation, financial transaction and service delivery. Thus, technology has become central to the development of the human race.


Technological vulnerabilities
The technology used to conduct financial transactions or provide information technology services as a number of security flaws. Hardware, software, and networking components make up the technology. Therefore, a flaw in any of the three previously mentioned is used to break application security and carry out criminal activity.

Using such a modus calls for more advanced technological knowledge and proficiency. of the technological apparatus. Such a technique is used in a number of crimes, including ransomware, banking Trojan programs, ransomware breaches, and application hacking.

Among Indian teenagers in rural areas who can't even read a paragraph of text, over 30% can still browse the Internet and close to 50% can find a video on YouTube, says the latest Annual Status of Education Report (ASER) Rural. The report provides several such insights into the digital prowess of high school and college students in India.

Analysis the cybercrimes laws in India
In India, NCRB considers the cybercrime as a new class of crime. The basic reason for this is these are crimes are in existence due to extensive use of the information technology for catering different serves online. NCRB schema of categorization publishes cyber crimes in a separate chapter and within cyber crime makes finer differentiation based on the available legislation for the various types of the crime. National Crime Records Bureau( 2015) collected data under three separate heads in India.
  1. Cases registered under the Information Technology Act 2000.
  2. Cases registered under the IPC related to cyber crimes (mainly offenses facilitated by computer).
  3. Cases registered under Special and Local Laws (SLL), which have the component of cybercrime.

Information Technology Act, 2000:
Section 66A was inserted by an amendment in 2008. According to this provision, sending "Offensive Messages" is illegal. He proposed legislation against cyber terrorism, voyeurism and child pornography. Additionally, Section 69 was put into effect, granting the government the ability to keep an eye on and decode any data using any kind of computer. Everyone should use caution and appropriate behavior when using the Internet.

Offence Sections Under It Act:
  • Tampering with computer source documents
  • Hacking with computer system, Data alteration
  • Publishing obscene information
  • Publishing false digital signature certificates
  • Breach of confidentiality and privacy

India: The Information Technology (Digital Media Ethics Code And Intermediate Guidelines)

Regulations, 2021: Emphasizing The 2023 Modification.
In February 2021, the Central Government published the Information Technology (Intermediary

Guidelines and Digital Media Ethics Code) Rules, 2021 (the "2021 Rules"). The Information Technology Act, 2000's Section 87(2) gave the Indian government the authority to exercise its jurisdiction, which led to the creation of the 2021 Rules. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (the "2023 Amendment") have now been implemented, revising the 2021 regulations.

Due Diligence
Rule 3(1) of The 2021 Rules casts certain obligations on the SMIs and SSMIs with respect to online content.

Grievance Redressal Mechanism
Rule 3(2) of the 2021 Rules provides for a grievance redressal mechanism to be adopted by SMIs and SSMIs.

Code of Ethics for Digital Media Publishers
The 2021 Rules provide for a code of morals to be observed by distributors of digital media, including:
  • News and current undertakings, content suppliers, and
  • Online curated content publisher.

Case Laws:
Shreya Singhal v. Union of India:
This landmark case challenged the constitutionality of Section 66A of the Information Technology

Act. The Supreme Court's decision struck down the provision, stating that it violated the fundamental right to freedom of speech and expression.

Tata Sons v. Cyrus Mistry:
This well-known case involved defamation claims made by both parties in online media. The case highlighted the challenges of defamation in the corporate context and the role of social media Platforms in spreading defamatory content.

X v union of India and others
The petitioner uploaded certain images and photos to her personal Facebook and Instagram that were illegally taken and shared by an unidentified person going by the name"Desi Collector" on the pornographic website "www.xhamster.com" without the petitioner's knowledge or consent, making the petitioner's images and photos offensive by association.

In YouTube LLC v. Geeta Shroff, the Court holds that based on the pleadings and/or lack of denial from Google that the offending post had been uploaded from India, Google was required to remove it to restore status quo ante.

In ABC vs. DEF & Ors, the court directed to remove any other material which the plaintiff may report as objectionable qua her i.e. photographs relating to her or any other content relating to the plaintiff from any other account.

Case Law in International Jurisdiction
In the matter of X. V. Twitter Inc., the Hon'ble Supreme Court of New South Wales, Australia clarified that an intermediary gives rise to a "equitable obligation of confidence" and held that the court may, under certain circumstances, acquire statutory jurisdiction even over a foreign defendant.

The Hon'ble Grand Chamber of the Court of Justice of the European Union in, Google Spain SL, Google Inc. V. Agencia Espa´┐Żola de Protections de Datos (AEPD), Mario Costeja Gonz´┐Żlez ruled that the operator of a search engine is obliged to remove from the list of results displayed following a search made based on a person's name links to web pages, published by third parties and containing information relating to that person, also in a case where that name or information is not erased beforehand or simultaneously from those web pages, and even, as the case may be when its publication in itself on those pages is lawful.

Equustek Solutions Inc. vs. Jack, the Hon'ble Supreme Court of British Columbia had this to say that the effect of the U.S. order is that no action can be taken against Google to enforce the injunction in U.S. courts. That does not restrict the ability of this Court to protect the integrity of its process through orders directed to parties over whom it has personal jurisdiction.

Conclusion:
The human mind is infinitely powerful. Cybercriminals cannot be eliminated from cyberspace. Testing them is a feasible option. History demonstrates that no legislation has ever been able to completely eradicate crime from the earth. Making is the only action that can be taken. People who are conscious of their rights and responsibilities (reporting crimes is a communal duty to society) and who enforce the law more strictly in order to reduce crime. France is unquestionably a historic advance in the cyberspace. Moreover, I concede that alterations to the Information Technology Act are imperative to enhance its efficacy in combating cybercrime.

References:
  1. https://www.researchgate.net/publication/376056756_The_Harm_in_Hate_Speech_and_in_Holocaust_Denial/
  2. https://www.iasparliament.com/current-affairs/remembering-the-holocaust-hate-crime
  3. https://www.researchgate.net/publication/357839318_CYBER_CRIME_IN_INDIA
  4. https://wwwthehinducom.cdn.ampproject.org/v/s/www.thehindu.com/news/national/china-pockets-of-cambodia-and-myanmar-are-epicentre-of-cybercrime-i4c-chief/article67703371.ece/amp/
  5. https://shodhganga.inflibnet.ac.in/jspui/bitstream/chapter1.pdf
  6. https://anuraagsingh.com/tech-talks/social-media-crimes-in-india/
  7. https://www.jetir.org/papers/JETIR1803207.pdf
  8. https://www.mondaq.com/india/social-media/1354604/the-information-technology-intermediary-guidelines-and-digital-media-ethics-code-rules-2021-focusing-on-the-2023amendment
  9. https://blog.ipleaders.in/x-v-union-of-india-and-others-delhi-high-court-case-analysis/

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