Step-by-step process to legally combat cyber crime in India, Top cyber law expert Pavan Duggal gives his insights

The internet, ever since it came into existence, has been both a boon and a bane. It helps connect people and share their lives, thoughts, and feelings with the world but it also is a dark place where people are often targeted, threatened, and bullied. While some people choose to ignore the noise, others succumb to it and fight grave mental health issues, among other things. 

Many actors, actresses, and influencers have been the target of trolls. Deepika Padukone was recently bullied online amid her pregnancy. After the culmination of the Lok Sabha Polls 2024, when BJP lost from Faizabad in Uttar Pradesh, several people online were bullied for letting down "Hindus", and some women also received death threats. 

While we cannot control how people use their social media platforms, it is imperative that when faced with trolls or someone's threats, we don't stay quiet and take the necessary actions so that it serves as a lesson for the future.

We at DNA had a chat with Dr Pavan Duggal, a Supreme Court Advocate and Cyberlaw expert, and asked him about the legal resources and remedies that are available for people who receive online threats. The first thing that Dr Pavan Duggal acknowledged was that despite having available resources, not many people come forward to register a complaint which is a practice that needs change. "You don't have to be quiet, you have to report and get help," he said. 

Dr Pavan Duggal also shared a step-by-step process that one can take if they are receiving any threats online or are being bullied. 

Step 1: Complaints can be reported through helpline number 1930 or on the National Cybercrime Reporting Portal -  https://cybercrime.gov.in/

Step 2: Apart from the National Cybercrime Reporting Portal, complaints or grievances could also be registered with the concerned app where one is facing the threat such as YouTube, Facebook, Instagram, X, etc. 

Step 3: Victims of online threats can also seek the remedy of injunction with the court of law. It is important to understand that an injunction is a legal remedy that a court issues to control or dissuade the other party to the case from doing a wrongful act.

One can also seek damages or receive compensation for "harm to your reputation". 

Step 4: Information Technology Act, 2000: India’s primary law for promoting e-commerce and addressing cybercrime.

Digital Personal Data Protection Act, 2023: A new law aimed at protecting personal data with strict penalties for non-compliance.

(In case of serious crimes such as (explicit sexual content), the action is taken within 24 hours after the complaint. In other cases, the complaint is reviewed for a maximum of two weeks after which it is resolved)

Dr Pavan Duggal advises, "It is always a good idea to not engage with people who are making these online threats. Confrontation can often further complicate the scenario. Instead, focus on saving all the relevant incriminating information in the form of screenshots, tweets, or messages on a laptop or a hard disk."

Step 5: Make a noise about it to your friends and family. Confide in someone about the threats or unwanted messages so that you establish yourself as a victim. If you are quiet, no one knows if you are or have been a victim of cybercrime or not. If you tell your friends or family, then at least you are creating a 'social net' around you. 

Dr Pavan Duggal ended his informative talk by saying, "Please realise that the internet is a dark place today. We should all make sure that we are not part of the 'great Indian vomiting revolution' where Indians are vomiting data whether it is professional, personal, or social, without even thinking of the ramifications. If you want to be seriously careful, you should share information only on a need-to-know basis so that you can potentially avoid yourself from being a victim of a cybercrime."

(Pavan Duggal is an advocate practising in the Supreme Court of India, who specialises in the field of Cyberlaw, Cybercrime Law, Cybersecurity Law, and Artificial Intelligence Law)