By Abhinav Jindal
Gender-based cybercrime refers to any type of violence where information and communication technology (ICT) is used as a tool or as a target[1] and the victim is targeted because of their gender or is disproportionately affected by it. Every year, gender-based cybercrime affects millions of people worldwide, particularly women and girls. It is an issue that is only getting worse. A United Nations report states that 73% of women have either been exposed to or have personally experienced some form of online violence, and that one in five women have experienced online abuse or harassment. Gender-based cybercrime victims may experience physical harm, psychological distress, loss of privacy, reputational damage, social isolation, and other severe and long-lasting effects.[2]
Different nations and contexts have different legal and social responses to gender-based cybercrime, depending on the existence and efficacy of laws, policies, institutions, and services that deal with this problem.
SOME COMMON TYPES OF GENDER – BASED CYBERCRIME IS:
Online harassment is when someone uses technology to send or post offensive, threatening, or unwelcome messages, pictures, or videos about another person with the goal of hurting or upsetting them.
Cyberstalking is the practice of using ICT to observe, follow, or track someone's actions both online and offline without that person's knowledge or consent with the goal of intimidating, threatening, or harassing them.
Sextortion[3] is the practice of using ICT to threaten or coerce someone into sending or engaging in sexual activity, sending explicit photos or videos, or paying money in exchange for not disclosing or distributing their personal or private information.
Revenge porn: When someone's private or intimate photos or videos are shared online without their permission with the goal of defaming, embarrassing, or hurting them, this is known as revenge porn.
MAIN ARGUMENTS AND POINTS
Gender-based cybercrime refers to any type of violence that uses information and communication technology (ICT) as a tool or a target and is directed towards a person based on their gender or that disproportionately affects them due to their gender. The connection between offline and online violence is emphasized in this argument, as is the necessity of addressing the underlying causes of gender-based violence in all of its manifestations.
The victims of gender-based cybercrime face severe and long-lasting repercussions, including social isolation, diminished opportunities, loss of privacy, psychological distress, and physical harm. This argument emphasizes the harm that cyberbullying causes to women's and girls' health and wellbeing as well as the necessity of helping those who have survived.
Millions of people worldwide are impacted by gender-based cybercrime each year, particularly women and girls, but the social and legal responses to this issue are insufficient and ineffectual. This argument highlights the obstacles and weaknesses that impede the protection and prevention of gender-based cybercrime, as well as the necessity of changes and advancements.
A comprehensive and all-encompassing strategy is needed to combat gender-based cybercrime, one that involves the cooperation, prosecution, protection, and prevention of all relevant parties, including the public and commercial sectors, civil society, and the international community.[4]
CAUSES: THE POTENTIAL CONTRIBUTING FACTORS TO GENDER-BASED CYBERCRIME
The phenomenon of gender-based cybercrime is intricate and multidimensional, shaped by a range of social, cultural, psychological, and technological factors. The following are a few potential causes of gender-based cybercrime:
Misogyny – It is the hate or disdain for women and girls that shows up online as violent, insulting, or abusive language and behavior. Personal, ideological, or political factors like insecurity, resentment, extremism, or opposition to feminism can all serve as catalysts for misogyny. To intimidate, silence, or discredit women and girls who are vocal, powerful, or successful in their fields—such as journalists, activists, politicians, or celebrities—some perpetrators of gender-based cybercrime may specifically target them.
Lack of regulation: The deficiency or lack of laws, regulations, or standards pertaining to the prevention, protection, prosecution, or endorsement of gender-based cybercrime. Legal voids or gaps brought about by a lack of regulation may enable or promote gender-based cybercrime to take place or continue in online environments. To avoid or evade legal liability or responsibility, some of the perpetrators of gender-based cybercrime, for instance, may take advantage of the gaps, contradictions, or ambiguities in the current laws, or the distinctions or inconsistencies between the national, regional, or international laws.
Sexism – It is the term for prejudice or discrimination based on gender that leads to the unfair or unequal treatment of women and girls online. Stereotypes, conventions, or expectations that place distinct roles, values, or skill levels on men and women can be the source of sexism. Instances of gender-based cybercrime include the creation, sharing, or demand of sexually explicit or intimate content without the consent of women and girls, as well as the sexualization, objectification, or commodification of women and girls online.
Patriarchy: The structure or system that places women and girls in subservience in online spaces while giving men privileges and power. Institutions, rules, or behaviours that exclude, marginalize, or oppress women and girls in online spaces can perpetuate patriarchy. The lack of representation, involvement, or leadership of women and girls in online spaces, such as in the media, technology, or governance sectors, for instance, may be advantageous to some of the perpetrators of gender-based cybercrime, as it restricts their agency, voice, and influence.
Lack of enforcement: The incapacity or unwillingness to put into practice, adhere to, or uphold the laws, regulations, or standards currently in place regarding gender-based cybercrime and the prevention, Defense, prosecution, or assistance thereof. The efficacy or legitimacy of the legal system, as well as the legal response to gender-based cybercrime in online spaces, can be compromised by a lack of enforcement. For example, because of difficulties, obstacles, or prejudices in the investigation, prosecution, or adjudication of gender-based cybercrime cases, some of the offenders may not face any or very little legal repercussions or sanctions for their actions.
Anonymity: Being anonymous online refers to the state or condition of being unidentified or unknown, which can support or encourage gender-based cybercrime. Perpetrators can use anonymity to conceal their identity, whereabouts, or actions, or to fabricate one or more identities, making it challenging to find, follow, or prosecute them. For instance, some of the perpetrators of gender-based cybercrime may use anonymous platforms, services, or tools in order to avoid being discovered, prosecuted, or sanctioned, or to harass, stalk, extort, or blackmail women and girls online.
Lack of knowledge: The absence of inadequacy of information regarding gender-based cybercrime and its sources, effects, and remedies. Gender-based cybercrime victims and perpetrators, as well as the general public, the authorities, and stakeholders, can all be impacted by a lack of awareness. For instance, some of the perpetrators of gender-based cybercrime might not be aware of the gravity of their crimes, their illegality or immorality, or the harm they inflict upon their victims. Some victims of gender-based cybercrime might not be aware of their experiences, disclose them, or look for assistance or support. It's possible that some authorities and stakeholders are unaware of the problem of gender-based cybercrime or are not able to effectively address it.
THE SOURCES THAT BACK UP THE CLAIMS REGARDING THE ELEMENTS THAT LEAD TO GENDER-BASED CYBERCRIME ARE
The Trend Micro[5] study delves into the gender disparity among cybercriminals and the impact of gender biases on law enforcement and industry inquiries. According to the report, women make up about 30% of members of underground cybercriminal forums, and their gender is less significant in these communities than it is in other online spaces. The report also emphasized the difficulties and ramifications that gender stereotypes present for investigators and security professionals.
The UNODC[6] module addresses the implications for human rights and justice as well as the gender-based interpersonal cybercrime continuum. Gender-based cybercrime, according to the module, is any form of online abuse that targets women exclusively or disproportionately because they are women. This includes image-based sexual abuse, cyberstalking, cyber harassment, and online hate speech. The module also examined the legal and societal responses, repercussions, and causes of gender-based cybercrime.[7]
The Springer chapter[8] that investigates gender stereotypes and masculinities in online cybercrime subcultures. The chapter employed a mixed-methods approach to investigate a well-known cybercrime forum and discovered that a significant portion of the forum's associated cybercrime activity was closely related to gender stereotypes. The chapter also demonstrated how some actors created the perception that hacking is inherently masculine by using misogyny to support their status within the hacker subculture.
The UNIDIR[9] report[10], which looks at how women approach cybersecurity. The study investigates how gender norms influence particular cybersecurity design, defence, and response tasks. In order to incorporate a gender perspective into cybersecurity policies and practices, the report also offers best practices and recommendations.
CONSEQUENCES
DEVASTING EFFECTS ON VICTIMS
Effects on the body: Victims of gender-based cybercrime may suffer from diseases, injuries, or even pass away. For instance, some victims of online abuse might be physically harmed, sexually assaulted, or killed by their abusers or by other people who become motivated by the abuse. Some victims may also experience physical health issues as a result of the stress and trauma of the online abuse, including headaches, sleeplessness, exhaustion, or chronic pain.
Psychological effects: Victims of gender-based cybercrime may experience psychological problems like anxiety, depression, PTSD, or suicidal thoughts. Because of the online abuse, some victims might, for instance, suffer from low self-esteem, shame, guilt, fear, or isolation. Additionally, some victims may experience mental health issues like eating disorders, drug misuse, or personality disorders.
Effects on the victim's emotions: Victims of gender-based cybercrime may experience emotional distress such as rage, despair, frustration, or hopelessness. For instance, the online abuse may make some victims feel violated, humiliated, betrayed, or helpless. Because of the online abuse, some victims might also lose their sense of security, identity, or dignity.
Social effects: Victims of gender-based cybercrime may experience harassment, discrimination, or exclusion, among other forms of social harm. For example, because of the online abuse, some victims might experience shame, mockery, or exclusion. Because of the online abuse, some victims might also lose their partners, families, or friends.
Economic effects: Victims of gender-based cybercrime may experience financial loss, unemployment, or poverty. For instance, some victims of online abuse might have to pay for things like legal fees, security precautions, or medical bills. Because of the online abuse, some victims might also lose their job, their education, or their career prospects.
SOME LANDMARK JUDGEMENTS
Smt. Ritu Kohli v. State of Delhi: In this case, which marked the beginning of cyberstalking in India, Ritu Kohli claimed that Manish Kathuria had created an online chat account using her name and personal information and had engaged in pornographic conversations with other users. She further claimed that he had given her phone number to other individuals, who had then called and harassed her. The Delhi Police filed a complaint for outraging a woman's modesty under Section 509 of the Indian Penal Code (IPC)[11] and for unauthorized computer use under Section 43 of the Information Technology (IT) Act[12]. The case made clear how important it is to have laws specifically designed to address online harassment and cyberstalking.[13]
State of Tamil Nadu v. Suhas Katti[14]: In this case, a man named Suhas Katti was found guilty of sending vulgar and defamatory emails to a woman named J. Jayalakshmi after she had turned down his proposal of marriage. This was the first conviction under the IT Act in India. Additionally, he claimed to be a call girl and posted her phone number on a website, which led to her getting abusive calls. The Chennai Cyber Crime Cell filed a complaint under Sections 469 and 509 of the IPC[15] for forgery and outraging a woman's modesty, as well as Section 67 of the IT Act[16] for publishing obscene information in electronic form. The accused was fined Rs. 500 and given a two-year sentence of rigorous imprisonment.
The State and Others v. S. Varsha Gautham[17]: A woman named S. Varsha Gautham approached the Madras High Court in this case of cyberbullying and revenge porn. She wanted the police to file a case against her ex-boyfriend, who had posted her naked pictures and videos on social media and threatened to share them with others. She also asked for instructions on how to get the social media sites to take down the offensive material and ban the accused users' accounts. The police were instructed by the court to file a complaint for invasion of privacy under Section 66E of the IT Act[18] and for voyeurism and criminal intimidation under Sections 354C and 506 of the IPC[19]. The social media companies were also ordered by the court to take down the content and assist with the investigation. The case demonstrated the need for the authorities and the platforms to respond swiftly and sensitively in order to preserve the privacy and dignity of victims of cybercrimes.
STATUTORY PROVISIONS
The Information Technology Act of 2000, Section 66E[20]: This section criminalizes taking a picture of someone else's private area without that person's consent and publishing it online or sharing it with others. This clause can be used to stop image-based sexual abuse, which can seriously damage the victims' emotional, psychological, and social well-being. Examples of this type of abuse include sextortion, revenge porn, and non-consensual pornography. for instance, the Varsha Gautham v. The State & Ors.[21]
Section 354C of the Indian Penal Code, 1860[22]: This section makes it illegal to watch or record a woman performing a private act, or to distribute such an image, without the woman's permission. This clause can be used to shield those who are the targets of unwanted surveillance, intrusion, or exposure due to cyberstalking, cyber harassment, or cyberbullying. for instance, the State of Maharashtra v. Vijay Dhondiram Shinde case.
According to Section 509 of the Indian Penal Code, 1860[23], it is illegal to offend a woman's modesty by using any phrase, sign, or action that is meant to belittle her. This clause can be used to address the problem of online sexual harassment, which includes actions that violate the victims' autonomy and dignity, such as sending offensive or derogatory emails, messages, or images, or making sexual advances. for instance, the case of Smt. Ritu Kohli v. State of Delhi[24].
CONCLUSION
Cybercrime that targets women and girls disproportionately and results in physical, psychological, and social harm is known as gender-based cybercrime. It encompasses a range of behaviours, including identity theft, trolling, cyberstalking, sharing content without permission, online hate speech, hacking, cyberbullying, and image-based sexual abuse. Gender inequality, misogyny, patriarchy, sexism, and discrimination are some of the factors that contribute to gender-based cybercrime, though the causes are complex and multifaceted. The long-term and severe repercussions of gender-based cybercrime impact the victims' opportunities, dignity, privacy, safety, and well-being. Furthermore, the values of justice, democracy, and human rights are compromised by gender-based cybercrime.[25]
This research paper is that gender-based cybercrime is a significant issue that needs to be addressed immediately by a variety of stakeholders, including governments, law enforcement, the media, civil society, and online platforms. The study makes the case that greater awareness, education, prevention, protection, support, and accountability are required in response to gender-based cybercrime, and that the current legal and social responses are insufficient, inconsistent, and ineffective. The study also makes some recommendations for additional investigation or action regarding gender-based cybercrime, including:[26]
Creating and putting into practice a global framework and standards, grounded in the principles of gender equality and human rights, to combat gender-based cybercrime.
Enhancing the ability of law enforcement and judicial authorities to work together, investigate, prosecute, and punish cases of gender-based cybercrime, as well as to support and compensate victims.
Enhancing the obligation and role of internet service providers and platforms to work with law enforcement and civil society to prevent, identify, and eradicate gender-based cybercrime.
fostering a culture of respect, tolerance, and consent online by encouraging digital citizenship and literacy among online users, particularly the younger generation.
promoting women's and girls' participation in and empowerment in the digital sphere while opposing the norms and stereotypes that support gender-based cybercrime.
The author of this article is Abhinav Jindal, a third-year BBALLB student at Symbiosis Law School, Nagpur.
[1] UNODC, Cybercrime Module 12 Key Issues: Gender-Based Interpersonal Cybercrime (unodc.org), (LAST VISITED Jan 03, 2024).
[2] Ibid
[3] SHERLOC, Cybercrime Module 12 Key Issues: Gender-Based Interpersonal Cybercrime (unodc.org), (last visited Jan 03, 2024)
[5] UNODC, Cybercrime Module 12 Key Issues: Gender-Based Interpersonal Cybercrime (unodc.org), (Last visited Jan 03, 2024)
[6] UNODC – United Nations office on Drugs and crime
[7] SPRINGER LINK, Exploring Masculinities and Perceptions of Gender in Online Cybercrime Subcultures | SpringerLink, (LAST VISITED Jan 03, 2024)
[8] SHERLOC, Cybercrime Module 12 Key Issues: Gender-Based Interpersonal Cybercrime (unodc.org), (last visited Jan 03, 2024)
[9] UNIDIR – United nations Institute for Disarmament Research
[10] UNIDIR, Gender Approaches to Cybersecurity → UNIDIR, (LAST VISTED Jan 03, 2024)
[11] Indian penal code, 45 I.P.C. § 509 (1860).
[12] The Information technology act, 21 I.T.A. § 43 (2000).
[13] LEGAL BITES, Legal Framework On Cyber-Violence Against Woman: Challenges And Road Ahead (legalbites.in), (LAST VISITED JAN 03, 2024)
[14] Clear IAS, Cybercrime Against Women - ClearIAS, (last visited Jan 03, 2024)
[15] Indian penal code, 45 I.P.C. § 469 & 509 (1860).
[16] The Information technology act, 21 I.T.A. § 67 (2000).
[17] IPleaders, All you need to know about gender-based interpersonal cybercrime - iPleaders, (last visited Jan 03, 2024).
[18] The Information technology act, 21 I.T.A. § 66E (2000).
[19] Indian penal code, 45 I.P.C. § 354C & 506 (1860).
[20] Ibid [15]
[21] Ibid [14]
[22] Ibid [16]
[23] Ibid [8]
[24] Ibid [10]
[25] TRENDMICRO, The Gender-Equal Cybercriminal Underground - Security News (trendmicro.com), (LAST VISITED JAN 03, 2024).
[26] SHERLOC, Cybercrime Module 12 Key Issues: Gender-Based Interpersonal Cybercrime (unodc.org), (last visited Jan 03, 2024)
This article contains the view of the author and the publisher in no way associates with the views or ideologies of the author. All the moral rights vests with the Author(s).
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