Making pregnancy vlog? Beware! You may be feeding the porn consumers

CYBER CRIME AGAINST WOMEN BY DEBARATI HALDER

Often it is told that womanhood comes to full circle when a woman becomes a mother.  Being a mother either biologically or by way of adoption is indeed a unique experience because it not only gives the joy of nurturing another life, it may make the woman more responsible in every sense.  For every woman the phases of motherhood bring special moments. For some, these phases may start right from the day of conceiving, for some it may start when she decides to adopt a baby, for some it may start right from the moment of the birth of the baby. In this digital era many couples (especially women) like to capture the moments of motherhood by making digital photo albums or vlogs . In India this phenomena is rapidly catching up. Pregnancy photo shoots, baby birthing photos and videos, new born photo shoots etc are trending now a days. YouTube  and Instagram are chosen platforms to upload such videos or images. YouTube especially  provides wonderful opportunity to easy creation of amateur vlogs. YouTube users may also use specific tags for listing the video with certain steams like pregnancy and child birth, medical learning, fitness during pregnancy, know hows  of child births and neo natal care by new parents etc. Many of such users love to share such vlogs or images (through other social media platforms and digital messaging apps ) with their virtual friends and groups. I personally have come across several of such videos and images which may have been as old as 2, 3 or even 5 years.

But they may not bring back the good old memories always. Pregnancy and child birthing videos and images are hugely consumed by porn industry consumers as well. Several researches on pornography including non-consensual and revenge porn have shown existence and growth  of different sorts of porn contents which may include black porn, older women porn, nude porn, voyeur, amateur porn, big belly porn and preggo porn. The last one, i.e. preggo porn is actually made with women showing different types of pregnant belly formation, sloth movement of pregnant women with huge belly, (supposedly) movement of the baby within the belly and the corresponding gasping or painful twitching of the body of the pregnant woman and necessarily the breasts which may be half covered. These contents are made by porn actors who may or may not  be pregnant in real life. Generally these porn actors may be clad in under wears right from the beginning of the video to give an impression of real life birthing scenes. Several videos may also show women slowly removing dresses: such videos may actually give impression that the woman suddenly developed labour pain at home or at some place other than the hospitals. All such videos may have similar tag lines like the original pregnancy and birthing videos, i.e., pregnancy, child birth. The ancillary tag line could be ‘fake’ or ‘prank’ or ‘sexy preggo’. As such, these taglines may also pull the real pregnancy and birthing videos in the pool of sexually consumable contents.

Getting sexual gratification from the birthing scenes and scenes of labour pain is indeed a sign of perversion.  But what is more disheartening is how the porn industry has grown preggo porn stream on the basis of this perversion. If one notices the comment sections of such videos, one may see that the woman in the video may be asked to act more accurately in the next video, the woman may also be asked  to make videos with different pregnancy postures and sounds of pain which may create more erotica. The producers and actors of these videos may earn a good profit depending upon their presentation and ‘perfect’ acting. Unfortunately the real pregnancy vlogs may also be consumed with equal ‘interest’. The new mother  may get trolled in the comment section for her belly shape or for taking too much time to make the ‘birthing sounds’ or ‘labour pain’ moments which may be sexually gratifying for the ‘consumers’ of the videos. Some may even get trolled for ‘wasting time’ of the viewer. Often the creators of genuine vlogs may not get time to look into the comments which may be extremely disturbing for any new mother. Even if the creator would have disabled the comments, the links of the videos may still be shared with a malicious object to consume it as porn.

While the ‘victims’ may definitely take the matter to the websites for removing the offensive posts or to the police and courts  for taking action against the comment maker for making obscene, sexually explicit or  misogynist or (as it may happen  in several cases) racist and hate comments, the website, the police and courts and above all, the families may find hard to prevent themselves from ‘victim blaming’ for uploading ‘those private moments’ for ‘public viewing. In remote possibility, the content may even be considered as non-consensual porn (but not revenge porn) in case the police and the courts decide to book the perpetrators who may have made obscene, sexually explicit or  misogynist or racist and hate comments or who may have shared the video as porn content  to others either for unethical gain or just for the sake of sharing ‘another porn content’. The legal provisions for voyeurism may also be applied in this regard along with provisions for making word etc for harming the modesty of women, inappropriate representation of woman concerned etc. But the new mother may not be saved from acute trauma and depression which may arise from this.

Pregnancy vlogs may be considered as unique examples of rights to expression which should not be violated at any cost. But again, we as responsible society must work together to prevent such wonderful moments to be destroyed by perverts and perpetrators.

Please Note: Do not violate copyright of this blog. If you would like to use informations provided in this blog for your own assignment/writeup/project/blog/article, please cite it as “Halder D. (2018), “Making pregnancy vlog? Beware! You may be feeding the porn consumers” 27th March, 2018, published in http://debaraticyberspace.blogspot.com/

Right to Love on social media on Valentine’s Day

CYBER CRIME AGAINST WOMEN BY DEBARATI HALDER

Image curtsy: Google

Come Valentine’s Day and social media and digital messaging services like WhasApp or Snapchat are flooded by beautiful heartwarming messages, pictures and emogies. Nonetheless, Facebook, Instagram , Whatsapp YouTube and also some adult networking sites may see more contributions of nude videos, revenge porn, fake avatars as well by jilted lovers. The other type of messages that one may get to see in these platforms are those from moral policing groups asking people to refrain from ‘celebrating Valentine’s day’ in Facebook, Twitter  and other social media . Such message can be ‘shared messages’, can be opinions or even can be clear  threats to ‘whoever’ ‘celebrates  ‘Valentine’s day’.

The question is, do we have something called Right to love? Can this right be considered to  be violated if someone posts messages against celebration of Valentine’s day ?  Universal Declaration of Human Rights (UDHR) does not specifically speak about right to love, but it flows from Article 16 (Right to marriage and family) and Article 19 (freedom of opinion and expression).  All most all countries with modern constitution including India, UK, Singapore, US, Canada, Australia, countries from European union including Germany, France, Spain  etc  do recognize the right to choose and communicate with   dating partner, live-in partner , same sex partners and heterosexual partners for emotional bondage including marriage  because these countries  recognize right to express opinion, freedom of speech and expression and also right to marriage and family. While right to form family by way of live-in relationships or  homosexual partnerships  have been recognized by  several countries by way of legitimizing  the rights of children born out of such union or  adopted in such marriages, some countries may  not recognize Live-in relationships or same sex marriages in real life . 

But right to chose emotional partners and right to communicate to the same on cyber space are not barred by any law. For example, even when Indian Supreme court did not apply doctrine of severability to S.377 todecriminalize same sex union and consider the rights of transgender people to be recognized as 3^rd gender people, or even when the US did not legalize gay marriages,  Facebook had pages and groups meant for socializing and creation of emotional bonding between  LGBTQ people.  Right to love is rather an abstract idea which may be expressed when a person starts expressing the love to his/her chosen person on a specific platform. Seen from this aspect, right to love on cyber space may be barred only  under specific circumstances, i.e., when the same expression offends the ‘target’ person because he/she may not like to develop any emotional relationship with the person expressing  the feelings either because the relationship falls under the concept of stalker and victim, ex lover or spouse where the victim ex does not want to be connected with the other person anymore, or  a real life acquaintance including workplace acquaintance who had accepted to be friends with the other person  expecting reasonable distance and privacy , or a stranger  who may not like to be approached by way of expressing  eros.  Similarly, positive reciprocation of love on cyber space may not be offensive unless the receiver/reciprocator is knowingly committing any mistake like that of  breaking  trust  of a married partner.

A person may however be deterred from exercising his/her right to love an acclaimed criminal only when such relationship may prove to be hazardous for the security of the nation or for the society at large.  But he/she may not be held guilty for such love affair on cyber space when he /she can prove his/her innocence in knowledge about the particular acclaimed criminal. He/she may even claim compensation under certain circumstances when such fraudulent relationship causes damage to him/her as well. But note that I am speaking about being offended from the perspective of the receiver of the message carrying an expression of love and not the bystanders in case such message are posted on some one’s timelines or in a common group or in a page and it is publicly visible. Moral policing groups against celebration of Valentine’s day may go ahead with their propaganda of   threats of ‘devastating results’ on the understanding that whoever  exercises right to love either by way of expressing love for some one, or by  showing a status ‘in love with X’ or by even reciprocating to such message by  words or emogies or even by thumbs up  should be considered as ‘dangerous’ for the society as a whole.  Some radical groups have even come up with warning that people exercising their’ right to love’ will be straightaway married  off  or they will be warned to stop displaying (exercising their right  to) love. Understandably  such sorts of warning messages may have been made to create fear in the minds of  individuals who may belong to orthodox patriarchal families where love marriages are not allowed  or where threats of honor killings exists . Such radical groups  are targeting those individuals who may be new generation social media users and whose families including parents may not know their digital whereabouts.  

The question is, would such announcements by such radical groups be considered as hate speech or threat speech? There may be varied opinions for this.  If the statement/s show that the commentator/s  may track the whereabouts of the persons  who are expressing their love on Facebook or any other social media  on valentine’s day to commit some harm, the speech may be considered as threat speech especially because they may indicate violation of privacy and also intention to commit harm (even if it is arranging marriage, which may be the ultimate the aim of the love birds). Women especially may feel threatened because this may result in offline and online reputation damage, rape threats (especially if it is an inter religious affair) or even   grave threats to their lives.  Some , including the   social media website may consider  such speech as absolutely normal because such speech may seem to be very broad  to be fitted within  the meaning of hate speech or threat speech because such speeches may be ‘general’  and may not target any specific individual, class or community of people.  But we must not forget  that online mob violence may become extremely dangerous especially when such instigating comments or posts are made. Concerned authorities therefore must not ignore such ‘warnings’.

But I would have been happiest would the moral policing groups turn their attention to evils done on cyber space and send messages to the world including possible perpetrators to refrain from creating revenge porn on the Valentine ’s Day. In my observation I have seen that on such days several jilted lovers, revengeful persons and stalkers may create revenge porn stuff to grossly violate women’s reputation including rightsto privacy.

Let us join hands to prevent spreading of hate and threats through social media. Let us grow love and not hate.

Please Note: Do not violate copyright of this blog. If you would like to use informations provided in this blog for your own assignment/writeup/project/blog/article, please cite it as “Halder D. (2018), “Right to love on social media  on Valentine’s Day ” 10th February, 2018, published in http://debaraticyberspace.blogspot.com

Why cyber bullying should never be taken as a holistic term for cyber harassment

CYBER CRIME AGAINST WOMEN BY DEBARATI HALDER

In a recent academic conference where I was speaking on cyber bullying, I got some ‘strange questions’ as why I am not covering topics like pornography and obscenity.  To me, these questions were ‘strange’ because I was delivering lecture specifically on cyber bullying. But to the individuals who asked the questions (and this group included academicians and practitioners from women’s rights group as well), this seemed to be a genuine concern as why cyber bullying does not mean cyber pornography, cyber obscenity, revenge porn, cyber stalking or the concept of cyber harassment.

Decoding cyber bullying:

Many of us believe that cyber bullying is the holistic term to explain the concept of cyber harassment. In reality it is not. 

 Cyber harassment or online harassment is a holistic term which may include various types of harassments including cyber bullying. The term cyber bullying is defined as “abuse/ harassment by teasing or insulting, victims’ body shape, intellect, family back ground, dress sense, mother tongue, place of origin, attitude, race, caste, class, name calling, using modern telecommunication networks such as mobile phones (SMS/MMS) and Internet (Chat rooms, emails, notice boards and groups)”(Jaishankar, 2009).

www.Stopbullying.gov explains cyber bullying as “.........Cyberbullying includes sending, posting, or sharing negative, harmful, false, or mean content about someone else. It can include sharing personal or private information about someone else causing embarrassment or humiliation.”

A clear reading of the definition of Jaishankar and the explanation provided by Stopbullying.gov  would suggest that cyber bullying includes conveying or posting of insulting, degrading, teasing, messages in the victim’s timeline, in groups or forums etc. Bullying messages are also conveyed through one-to one chatting mechanism. Bullying messages may typically be like “ you are a liar”, or “you look ugly”, or “ you are worthless”, or “x is a black spot in the team”, or “x is a big zero when it comes to trendy fashion” etc. Presently, India does not have any cyber bullying prevention law.

However, it would be wrong to say that cyber bullying happens to children. Adults may also be victims of bullying, including workplace bullying.

So when does bullying turn into stalking?

Often people confuse cyber bullying with cyber stalking. We at Centre for Cyber Victim Counselling had provided a functional definition of cyber stalking in our 2010 research report which is as follows:

“In one word, when ‘following’ is added by Mens rea to commit harm and it is successfully digitally carried out, we can say cyber stalking has happened" (Halder &Jaishankar, 2010).

S.354D of the Indian Penal Code (inserted via Criminal Law amendment Act, 2013) defines cyber stalking as follows:

“Any man who follows a woman or contacts or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman or whoever monitors the use by a woman of the internet, email or any other form of electronic communication or watches or spies a person in a manner that results in fear of violence or serious alarm or distress, in the mind of such woman or interferes with the mental peace of such woman, commits the offence of stalking.” 

Seeing from the above perspectives we can see several stages of cyber stalking: 

The first stage of cyber stalking can be Repeated Pursuing

The second stage can be data mining and/or monitoring.

The third stage can be creating threat /fear in the mind of the victim.

Repeated pursuing can be in the form of sending /posting messages which may not be insulting or degrading or annoying at the beginning. This is because the stalker (especially in case of interpersonal stalking) may not necessarily like to insult or humiliate his ‘target’. The main aim of the stalker may be to persuade the victim to enter into an emotional relationship where the stalker may be a dominant figure. The messages may turn insulting or degrading when the process reaches the third stage, i.e., when the sender wants the victim to feel threatened. Stalking may adopt the process of cyber bullying when the victim refuses to abide by the ‘commands’ or ‘demands’ of the stalker. The later may then start sending insulting, annoying, degrading messages in order to create a fear of constant harassment and defamation of the victim. Bullying therefore changes into the phenomena of cyber stalking when the bully becomes obsessive with his victim and continues to post hurting, degrading, insulting messages as long as the victim does not start developing a sense of fear; when he starts monitoring his victim to see the outcome of bullying or rather, to see how far the victim is affected by bullying.

Revenge porn and bullying

Again, revenge porn and bullying can be completely different forms of online harassment. Revenge porn “..........is an act whereby the perpetrator satisfies his anger and frustration for  broken relationship through publicizing false, sexually provocative portrayal of his /her victim by misusing the  information that he may have known naturally and that he may have stored in his computer, or may have conveyed to his electronic device by the victim herself, or may have been stored in device with the consent of the victim herself; and which may essentially have been done to publicly defame the victim.”(Halder &Jaishankar, 2013).

Revenge porn may necessarily include unethical using of images of the victim for taking revenge and creating a fake avatar of the victim which may signify the later as that of bad character. Unfortunately many countries including India do not have any focussed law to prevent and punish revenge porn. However, several legal academicians including cyber civil right activists in the US  have proposed revenge porn legislations and such proposals have been considered as legal provisions to criminalise revenge porn. In case of revenge porn, the perpetrator may or may not include bullying tactics to create extra humiliation to his/her victim. I have observed that in several revenge porn cases, the perpetrator may limit his act to posting to his own time line with a tagline indicating that the victim is of bad character, or may create a fake avatar either in the social websites like Facebook or Twitter etc indicating that the profile owner may solicit sex, or may upload the image to adult networking websites where all images may be ‘consumed’ as erotica. Revenge porn and bullying may be clubbed up only when the perpetrator posts/sends annoying, insulting, degrading messages to the victim or to a group to humiliate the victim with the revenge porn content, i.e., after he has already created revenge porn and wishes to continue harassing the victim with teasing messages. However, I would still not agree to call it cyber bullying; it would be categorised as defamation if seen from the perspective of defamation laws. S.499 of the Indian Penal Code which states as follows:

“Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person. Explanation 1.—It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. Explanation 2.—It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. Explanation 3.—An imputation in the form of an alternative or expressed ironically, may amount to defamation. Explanation 4.—No imputation is said to harm a person’s reputa­tion, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful.”

As may be seen from the above, cyber harassment or online harassment therefore is a bigger term which includes forms of harassment including cyber bullying. It is essential to understand the differences because the terms may signify different types of criminal or civil wrongs and as such may attract different types of punishments by courts of law. For instance, if a victim who has encountered impersonation (not amounting to revenge porn, but an ordinary impersonation whereby his/her image had been used to create a profile in the matrimonial site), he/she should not report the incident as cyber bullying to the concerned website. It should be ‘impersonation’, meaning the perpetrator has unethically and unauthorisedly used the personal picture and information of the victim to create harassment. Depending upon the mens rea, nature of the profile and impact of the same on the victim’s reputation, the police may book the offender under various provisions under Information Technology Act and also under Indian Penal Code for impersonation(for example, Ss 66D of the Information technology Act, 2000(amended in 2008), Ss. 416 & 417, 499, 500 IPC, etc) . In case the victim is a woman, the police may also include provisions meant for harming the modesty of women (S.509 IPC). Similarly, in case of stalking, the victim should rather report the crime as stalking and not cyber bullying because the legal provisions in India do not recognise any offence of cyber bullying, but prescribes stringent punishment for stalking. Whereas, in other jurisdictions, where both cyber stalking and cyber bullying are recognised as offences, both may have different types of punishments. Further, the social media websites may also have different reporting mechanism for cyber bullying and cyber stalking.

  However, cyber bullying still remains in a grey area from legal perspectives. More research is needed to develop a good universal understanding which may help to demarcate why cyber bullying be considered as Bad Speech. Further, research is also needed to create deeper demarcation between different forms of online harassment for the purpose of better policy developments.

Please Note: Do not violate copyright of this blog. If you would like to use informations provided in this blog for your own assignment/writeup/project/blog/article, please cite it as “Halder D. (2018), “Why cyber bullying should never be taken as a holistic term for cyber harassment” 4^th February, 2018, published in http://debaraticyberspace.blogspot.com

Cyber ransom attack: why lawyers and courts should worry more

CYBER CRIME AGAINST WOMEN BY DEBARATI HALDER
When I was a student of undergraduate Law college, we were never sent for internship by colleges, to be more specific, the traditional university –colleges, whose duty was limited to hold classes, yearly(and not semester) examinations and give us the students the degree certificates. Children of lawyers and judges had a smooth path to the courts and to the practice through their parents. Many of us whose parents were not lawyers, used to hang out with these friends to get reference to join other law-firms or lawyers. We juniors had to do a lot of paper work and physical work to retain our jobs: we had to take notes from our seniors, their clients, make files to put the papers in proper sequences, make noted from the books for helping the seniors for next day’s arguments and sit with the stenographer –cum-computer operator to help him understand our illegible handwritings to make notices, petitions, affidavits etc. Most of the times, these computer operators had their own files saved for specific formats. We had to narrate him/her the names of the parties, the case numbers, and special points that may make the case very different from the format stored in there. 90% of these computers were not connected with internet. They were used for file storing only. I doubt way back in 1999-2001 how many government offices had computers used for anything other than file storing. It was mainly for this that the earlier version of our Information Technology Act,2000 did not have specific provisions damaging computer network system or hacking or unauthorised access to the computer through spreading malware etc. This is evident from the modern version of S.43 of the Information Technology Act (which was amended vide Information technology Amendment Act, 2008), which speaks about penalties and compensations for damage to computer, computer system etc. However, these “file storing” computers were prone to get virus attacks by external devices including floppies. We also did have some few personal computers lawyer’s offices which were connected with internet to receive mails, mainly instructions from overseas clients or clients staying in outstation. But these were considered as “luxury” and these lawyers were considered as that special group of lawyers who were “cyber savvy” not because they could produce electronic evidences because at that time mails/messages/ call logs were hardly recognised as proper evidences even though we had the amendment –wave touching the traditional evidence Act as well; but because they could go back to their chambers and see instant communications/instructions  from their clients and were able to bring back some thing called “printed  emails” not as an evidence, but as a reference-note. Quite at this time 9/11 happened in the US and everyone including we the lawyers also suddenly became alert about cyber security. But still, we got to see heavily protected lawyer’s bureaus and desks which contained most confidential data about their clients. It was not the soft copies, but the papers and in some cases, some physical objects like the knife or a piece of cloth etc which used to attract our attention as “sensitive” “confidential” materials which may turn the lives of the clients as well as ours if we assist our seniors in protecting these as best evidences.  With change of time, almost all lawyers became cyber savvy in this way or that especially because we started storing the confidential data of the clients in soft copies. Now, let us understand what is meant by sensitive information which may be considered as part of confidential data. S.3 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 defined sensitive personal data as 
 (i) password;
(ii) financial information such as Bank account or credit card or debit card or
other payment instrument details ;
(iii) physical, physiological and mental health condition;
(iv) sexual orientation;
(v) medical records and history;
(vi) Biometric information;
(vii) any detail relating to the above clauses as provided to body corporate for
providing service; and
(viii) any of the information received under above clauses by body corporate for
processing, stored or processed under lawful contract or otherwise.
But importantly, this definition also includes a third party, i.e., the “body corporate” for providing services. Now, let us check the definition of body corporates which is defined under S.43A of  the Information technology Act, 2000(amended in 2008). It says in explanation (i) "body corporate" means any company and includes a firm, sole proprietorship or other association of individuals engaged in commercial or professional activities. Very broad interpretation of this may include lawyers as well who may provide professional counselling. 
But without going into the examination of whether lawyers may held responsible as body corporates in the straight sense, I would like to emphasise on the point that lawyers also collect confidential data and they are at risk of  security infringement too. In my recently published writeup “the ransom attack that may make the women cry” published in the WION news @ http://www.wionews.com/south-asia/the-ransom-attack-that-may-make-the-women-cry-15726 I mentioned that every data saver including lawyers may also be at risk for any sort of malware attack. As such, when lawyers store confidential including sensitive data about clients, they must be ethically bound to protect it against any such cyber attack as well. 
Now, we may also need to shift our attention to the courts as store house of data as well.  Presently, courts have widened options for filing of cases or getting access to the judgements or orders by creating court websites which may not only work as a store house of information for millions of justice seekers, but also an information house of millions of lawyers, law students as well as researchers. Unlike lawyers, who may maintain strict confidentiality about the data /information provided by their clients to them for litigation purposes, we often get to see information being exposed in the court websites, especially in cases of judgements. The recent understanding of the courts have however made it mandatory to keep the party’s name confidential when the case is about child sexual abuse or victimisation of women. But still then, the courts play major role in storing confidential data about the litigants, which if exposed, may make the lives and reputation of justice seekers at stake. 
Surprisingly, the Information Technology Act, 2000(amended in 2008) has not emphasised on this issue separately. The chapters including chapter IX which speaks about penalty, compensation and damage to the computer, computer system, network etc, liability to protect the data penality for failure of the same by the body corporate etc, power to adjudicate etc, and chapter XI which speaks about the offences  speaks about liability of the data string houses, individual perpetrators and government stakeholders to intercept etc, but does not specifically mention about categories of service sectors and their liabilities. 
While it has been upheld that lawyers will come under the scope of Consumer protection Act unlike doctors or health sector stake holders like the hospitals or clinics, we must understand that by saying this, we can not escape our moral duties to protect the clients or litigant’s vital information which may be stored with lawyers or digital store houses of the courts. Infact as I mentioned in the write-up mentioned above, each of these sectors including lawyers and courts may be attacked by cyber perpetrators who are now playing a crucial role in “hacxtortion : hacking and extortion” (as was coined by me in the above writeup) of money for giving back the encrypted files. We have already seen that National Health services in the United Kingdom had been badly affected by this ransom malware. It is high time that lawyers, law firms and courts must audit their cyber securities to save the valuable data and take preventive steps against such ransom attack.

How ‘yellow journalism’ and internet is failing the women victims of online harassment and revenge porn

CYBER CRIME AGAINST WOMEN BY DEBARATI HALDER

Almost a month and half back the whole south India woke up to a rather “juicy news” of “Bhavana” molestation case. She is not “Nirbhaya.” Her name was not given by the any legislator or judge or executive to protect her identity. Bhavana is a Malayalam female cine-star whose real name can be found in Wikipedia and numerous film magazines. She was apparently molested in a moving car by some including her former drivers. As the news report suggests, the perpetrators also took ‘objectionable’ photos of her while the incidence was going on. The news surfaced exactly when I was enjoying the sweet success of publishing my latest article “Celebrities and cyber crimes:an analysis of the victimisation of female film stars on internet” published in Temida: Journal on victimization, human rights and gender Volume 19 • Issue 3-4• 2016 .

We the movie fans often understand that actors or actresses may themselves attract negative publicity by voluntarily getting into troubles or playing the victim card. But in some cases this may not be true. Women actors may face numerous problems, harassment and threats in real life as well as virtually. One of such problem is facing voyeurism and revenge porn almost on daily basis. Some actors turn numb to such harassment as they take these as (negative) part of  their work. Some may reach out to police to show genuine concern. In Bhavana’s case, a minute analysis would show that she was not only physically violated, but also she became a victim of ‘revenge porn’, a term that our laws still do not recognise and tries to cover it up by numerous legal provisions which may not provide  the actual answer. I call it ‘revenge porn’ because once such ‘objectionable’ pictures were taken; it would not take more time to get it  circulated through WhatsApp. These contents may then land in various ports including to the secret sellers of porn clippings and obviously to the XXX rated sites. No one, not even the police may do anything to prevent secondary victimisation of the victim in such cases.

What concerns me more  is publication of her name. S.228-A of the Indian Penal Code prohibits publishing, printing etc  of the name and information of the victim/s who may have been victim of rape or sexual molestation. This protection is brought in to protect the privacy of the victim and more so, to encourage women victims of sexual violence to come up for reporting of crimes without the fear of ‘recognition’ and resultant possible social exclusion. But this provision also has a loose noose : when the victim herself allows to publish her name or identity, this provision will cease to help the victim. We don’t know whether Bhavana herself permitted the reporters to use her name and photograph but I can definitely understand that this has again created a bad example of ‘no identity protection’. Common people who may not be expected to know the pigeon holes of law, would understand a completely different story: reporting would bring media highlight which will destroy the physical and mental   privacy of the victim and her family. But this does not mean that I am ignoring the provisions of S.228-A, IPC. Women victims must also be made aware of this twist of law relating to identity protection. We may expect good and bad results of this: the provision may be misused, women may be able to take a rational decision.

Let us, the civil citizens take a preventive decision to not to spread any offensive videos/still images of women actors even if it may surface as apparently (ugly, unethical movie promo) genuine. Let us respect all women as equal irrespective of their job.

Please Note: Do not violate copyright of this blog. If you would like to use informations provided in this blog for your own assignment/writeup/project/blog/article, please cite it as “Halder D. (2017), " How ‘yellow journalism’ and internet is failing the women victims of online harassment and revenge porn”  1^st April, 2017, published in http://debaraticyberspace.blogspot.com

Hacking is no fun

CYBER CRIME AGAINST WOMEN BY DEBARATI HALDER

This December we got to see a bout of hacking attacks on renowned politicians, journalists, business magnets in India. Apparently their purpose was to reveal corrupted people who are disrupting good governance in India. Almost all the news media channels ran stories on who these hackers are, why the targeting specific people are and what may be their next target etc.  Very recently I got to meet  a group of people who hack for various reasons. While most of us are concerned about our own digital data security, it is interesting to know why our accounts in social media or email may get hacked.  There is a difference between unauthorised access of financial data, social media profiles, emails and digital data that may be stored in our own devices. They may be interconnected. But definitely their motives may be different. In my recently published monograph “Cyber crime against women in India’ (https://in.sagepub.com/en-in/sas/cyber-crimes-against-women-in-india/book253900) I showed that  revenge porn may be a result of unauthorised access of social media profiles as well as digital albums for revenge to destroy the reputation. Similarly there are hackers who may access  financial data for illegal monetary gain.

However, there is a group of people who hack for fun. This ‘voyeuristic pleasure’ is exercised especially when the hacker/s may want to establish how an organisation or particular individuals may poorly maintain their  cyber security . I do often get to hear from senior citizens and women that their social media accounts or emails or Whatsapp profiles have been hacked.  An in-depth research may reveal that hackers may have done this for fun. To me, it relates to those pre internet  days when youngsters took pleasure in peeping into well guarded private diaries maintained by young girls and boys or individuals who loved to treasure their secrets. But hacking is no fun especially when the information thus gathered can be used for various detrimental causes including extortion and sextortion. Especially Women may feel extremely traumatised when such hackers for fun target them. The reason is, if a woman’s digital data is unauthorisedly accessed, it may misused and damage to her reputation may compel her to take extreme steps like suicide due to fear of social taboo. What I strongly condemn is teaching school children about hacking with the tag line that hacking is for fun. It is like giving a loaded gun to children to experiment it and learn it for fun. It is indeed a fact that ethical hackers are used for many positive reasons and internet companies may pay them a hefty amount too. But, teaching hacking to children must be done with utmost concern. We definitely do not need Frankensteins . It must be understood that any individual who may not understand the responsibilities attached with power may definitely misuse the power.  We need to understand that our Information Technology Act, 2000(amended in 2008) has recognised unauthorised access to digital data, tampering of the data etc as penal offences and the provisions are wide enough to cover offenders of all age. Further, our Indian Penal Code also recognises cyber stalking and voyeurism as an offence which may necessarily involve hacking. Any child psychology expert or educator may understand that children tend to experiment (often with disastrous first few results) for a better understanding of the subject. Hacking is such a tool which may at the outset show the child how to gain illegal profit by using it if he/she is not told about the risks that may be caused to others as well as to his target victims.  

This Christmas let all take a vow that our knowledge must be used for positive purposes and not for victimising others. We must remember that if we use our knowledge and expertise to check the weakness of others, that must be done in a prescribed way and not to humiliate the later.

Please Note: Do not violate copyright of this blog. If you would like to use informations provided in this blog for your own assignment/writeup/project/blog/article, please cite it as “Halder D. (2016), “Hacking is no fun”

25^th December 2016, published in http://debaraticyberspace.blogspot.com/

Why mobile number portability services may prove to be an absolute hypocrisy for women? A dirty dark secret

CYBER CRIME AGAINST WOMEN BY DEBARATI HALDER

I belong to that generation who have grown up with one landline telephone connection, just to realise that the same can become ‘just a set’ to support home internet connection for some, or a “life support” for senior citizens who love to feel nostalgic by such sets.  I have stayed in three major cities in three parts of India and finally decided to own a telephone number which (much to the surprise of my older generations) started ‘travelling’ with me to keep me connected with the world. Yes, we call it ‘roaming’. But the older generation still loves to call it mobile phone instead of ‘cell phone’ because (as one my grand-aunt once commented), ‘you need to be mobile while using it’. I gradually owned a smart phone and the SIM card changed its ‘place of residence’  from my ‘unsmart’ phone to smart phone . I also witnessed the era when roaming charges got reduced from a (shocking) exorbitant price to a nominal price which we were happy to afford.

Then came the announcement for mobile number portability system.  One of the telecommunication service providers define this in the following words “  Mobile Number Portability (MNP) is the facility for users to switch to any mobile operator in any Licensed Service Area (LSA) of INDIA, while retaining their existing mobile number . Sim card and all services on the mobile connection will change and will be provided by the new operator.”( see http://www.bsnl.in/opencms/bsnl/BSNL/services/mobile/mnp_intro.htm) And how will the customer avail the services for ‘change of port’? The telecommunication regulatory authority of India gives a detailed guidelines regarding this @ http://www.trai.gov.in/WriteReadData/userfiles/file/measuresto%20protectconsumerinterest/Customer_Guide.pdf .

One of the essential eligibility criteria is owning government authorised local residential information. This can be either the voter’s ID card, or the ADHAR card or the PAN card or the Ration Card which may have the local residential address of the customer. In case the customer has shifted from his own home, the requirements must be satisfied with the Rent Agreement, which may show the names of the genuine tenant ( the customer) and the genuine property owner (the house owner). However, in case the customer has shifted his jurisdiction from one city to another, he may necessarily need to show all papers which prove that he has shifted the jurisdiction.

I was fantasising the idea of availing mobile portability system especially because I shifted from one State to another and I was under the impression that I can still “own” the number  without paying roaming charges since mobile number portability also offers for change of geo-location of service area. In short I greedily wanted to localise my number, which has almost become my identity. I applied for mobile number portability only to realise a rude shocking truth. It is nothing but a hypocrisy especially for women who are not ‘single’.

          When one enters a new State he/she  can not be expected to change his/her government authorised identity proofs within one day unless he/she is a government officer who has been transferred from one post to another (you may still need to wait for getting your new id card); and if the person wants to retain the identity proofs because he/she plans to get back to his/her own home state, then it is only the rent agreement which may support his/her claim for ‘authentic identity’.  Most of the times, the house owners would prefer to rent out their properties in the name of the “Karta” (o, common ! forget about the recent judgment which says even women can also be heads of families. In such situations, Karta always denotes male heads of families) and not the “Katri”(women heads or spouses) in case the so called karta wants to be lenient enough to include his wife’s name. The reason is obvious: our society still can’t accept women as equal to men.  As such, if a woman who may or may not be working (I am excluding women  government servants), and who has travelled with her husband  to another State, wishes to avail the ‘digital magic’ called mobile portability system, she may need to rely upon rent agreement and needs her husband’s signature (and in some cases the physical presence as well) for all the formalities, reducing her existence as a mere presence  of the human body without any identity. Practically, she actually may need to denounce her ‘ownership’ over the digital identity and phone number that would be allotted to the new subscriber, i.e., her husband.  I really wonder, then what is the necessity of workplace identity cards, the biometrics and the (numbness of the) ADHAR number uniqueness if these are not needed  for causes such as mobile portability system?   Are women to be considered as fugitive criminals if their existing new workplace identity cards, unchanged passports or ADHAR cards do not match with the new residential information ? what may be other unique grounds to deny women the right to avail mobile portability system when they are otherwise eligible ? It is unfortunate to note that examples of terrorism or antisocial activities carried on with the cyber aide had lead to create some policies which do not support the concept of gender equality always.  No matter how much loving and supporting the husband may be, the rules will  always be the rules and the service provider  company would always remain ‘unanswerable’ to the wife or the dependant woman (in case she is the mother or daughter or sister of the man) even if she is highly qualified professional.

The dirty dark secret behind the glaring concept of mobile portability system: gender equality and gender empowerment remains an unanswered question as ever.

Please Note: Do not violate copyright of this blog. If you would like to use informations provided in this blog for your own assignment/writeup/project/blog/article, please cite it as “Halder D. (2016), “Why mobile number  portability services may prove to be an absolute hypocrisy for women?  A dirty dark secret “published in http://debaraticyberspace.blogspot.com/   on 02.09.2016

Risky private talks: what women must be aware of

CYBER CRIME AGAINST WOMEN BY DEBARATI HALDER

Gone are the days when young women preferred to secretly seek information from friends, cousins or aunties residing in neighbouring houses about periods, sexual behaviour of men on nuptial nights or about pregnancy and related issues. Hush hush talks about delayed periods,  sex etc  slowly shifted to digital communication mediums and gradually women are now talking about these issues openly, breaking gender  based myths  that periods make women ‘untouchable’ or delayed periods may signify obvious pregnancy. This would not have been possible without the social media as a positive platform for letting women express their feelings and seek information from various groups , pages, websites etc. This is the main reason that social media is also called infotainment as well, which signifies information-entertainment. While this is the worldwide trend now, in India women are still gathering courage to speak about these issues openly on social media platforms.  For many women, it is still a matter to be shared either by phone calls or by way of Facebook, Yahoo, Gmail chat messengers, or by way of WhatsApp, Vibe, WeChat etc.  Often women may not only seek to gain information on these information by sharing ‘private secrets’, they may also like to know about fellow women’s sexual relationship with their husbands or boyfriends. There was this report by Porno-Hub which showed that women in India are no less porno viewers compared to their male counter parts (http://www.telegraphindia.com/1160103/jsp/7days/story_61762.jsp#.Voj9msLUnQ0.facebook). Women, like men are inquisitive to know about the sexual behavior of other couples and truely speaking, there is no wrong is sharing such secrets.

But wait!

There are risks involved in sharing sex-secrets with other women even in closed groups.  The language used by women inquisitive to know about sexual behaviour of friends  may not always be comfortable for others; such communications are supposed to be ‘not serious’ and women may tend to use ‘sex jokes’ which are supposed to be exclusively meant for men. But do remember, women have equal right to expression: then where is the problem?  Many a times, women friends may pester each other to share private photos on WhatsApp or similar mobile messaging platforms. These are not typical sexting, but clearly photos in a compromising position with the male partners , or simple photos of embracing or hugging each other on bed . While the earlier may be extremely risky since it may attract legal liabilities of creating sexually explicit images and distributing the same (if not kept in the owner’s own possession for private viewing), the later may look perfectly safe to create and distribute. But when seen from the perspective of online safety of women, distribution of both sorts of images may be risky. This is because, the recipient of the message asking to share the photographs, may never know whether the message was generated by the friend whom she knew since her childhood or she is truly her best friend. The sender may be the adolescent child of the friend who helps the ‘cyber illiterate mom’ to send messages, may be her husband who wishes to monitor her and her friends or may be any other stranger who may have gained illegal access to the phone either physically or digitally. The caution note for sharing sex-secrets by plain texting is also similar. The information that is sent out may be misused if the same is shared with public by others who may want to harass or blackmail the sender of the information. It takes a few seconds to text a sex joke or share the ‘bed secrets’ with friends, but may take huge time to remove the unwanted information from public viewing and manage reputation damage. Women who may pester their friends to get indulged in such secret talks through digital communication platforms may not be fully aware of safety risks. It is therefore better to be aware than to be ‘less serious’ and ‘popular’ only to attract more danger for oneself and her friends. Let us keep our secrets to ourselves and let us enjoy real life socialising for the sake of online safety of us, the women.

Please Note: Do not violate copyright of this blog. If you would like to use informations provided in this blog for your own assignment/writeup/project/blog/article, please cite it as “Halder D. (2016), “Risky private talks:  what women must be aware of”

11^th March, 2016, published in http://debaraticyberspace.blogspot.com/

How we were able to remove Facebook groups victimising women through creating "Fake Avatars": A success story

CYBER CRIME AGAINST WOMEN BY DEBARATI HALDER

While 25^th November is celebrated as international day for Elimination of all forms of discrimination of women, I got to see the internet being flooded with “orange the world” messages. This is the particular term taken up by the United Nations to spread awareness about elimination of violence against women and inspired by UN, many stakeholders use #Orangetheworld to express their concern, share experiences and vows to fight against all forms of violence against women. I follow the rest here. I have never opted for any particular app to show my solidarity with any cause including that of Nirbhaya rape case when many men and women opted for showing black spot in their profile picture, judgements on 3^rd gender case which motivated many to opt for rainbow coloured profile or even the recent Paris attack when many opted for French flag colour. This year, when the UN first started their #orangetheworld campaign, the social media spread the colour. I changed both my Facebook and Twitter profiles to stand as one of the millions of ambassadors of the campaign. But did the Convention on elimination of all forms of discrimination against women, which advocates to stop violence against women, really prove beneficial to women especially for online violence cases? We need to consider the issue again and again. 

Couple of days ago a responsible citizen contacted me showing some Facebook links. These were of groups where adult women’s photos were randomly selected, posted and they were made to be “fake avatars” by adding extremely vulgar, indecent sexually explicit comments. These women were picked up mainly because they looked beautiful and had attractive physical structures which were enough to motivate these perverts. Some photos indicated that they may have been parts of promotional photos of television serials or modelling contracts; some were taken from beauty pageants as well. I was not contacted by any women or any of these victims or any women’s group.  The person who alerted me was a man and I salute him. When he came across these groups, he tried to report the groups, the images and the posts attached to the images which actually made these photographs typical fake avatars, rather sex-items. Facebook did not take any action. The main reason for this was, these victims were not children and Facebook did not recognise these posts as offensive. Here I must recall my meeting with child right activists, women’s right activists and transgender right activists at the meeting on Porn Panic Ban conference organised by Point of View and Internet Democracy last month at Delhi.  I was invited to speak about indecent representation of women on internet and I shared information about my work. I used this opportunity to learn about other’s experiences as well.  I got to know more details about the recent sensational case of Manikanta Prabhu, who was arrested for creating Facebook group with images of children and posting violent, sexually explicit messages about these children. This case and the case that I recently dealt with, are quite similar with only one difference: in my case, the victims are adults and in the other, victims were children. The noted child right activist who was incidental in moving the courts and making the accused get arrested in the later case, told me that Facebook refused to recognise the harmful language that were being posted targeting these children because these were mostly in vernacular language. The activist had rightly approached the court against such action of the Facebook.  While dealing with the case relating to adult women, I took note of the experience shared by the activist and mobilised support to report these groups as Facebook may respond to larger volume of reports. However, our  collective attempt remained unsuccessful.

It was only later that Facebook officials responded to my reports and mails and made me understand how to report such indecent representation. While from my side, such groups and posts were reported as 'harassing', seeing the images and the language of the posts, the post reporters who came up to support me, reported the same to Facebook as ‘nudity’. But ‘Nudity’ may have a completely different meaning as per Facebook ‘offence vocabulary’. Here lies the difference between Indian understanding of the term nudity and digital technological as well as western understanding of the term nudity. As such, the volume of the report grew basing on reports on 'nudity' and not 'harassment'. As the officer from Facebook had told, these posts which present indecency in their overall presentation must be reported as ‘harassing’.  I feel extremely happy to say that finally these groups as well as the offending comments were restricted and were taken off by Facebook. This would not have happened unless Facebook considered my reports and again, renewed reports. This should be therefore noted that while Facebook or any other social media may not respond to reports positively, we need to understand the offence- related perspectives of the social media as well. However, it is an obvious fact that social media including Facebook and Twitter need to improve their own understandings and policies in such issues.  When we speak of ending violence against women in all forms, we need to understand that all stakeholders must act together to bring out a fruitful result.  I am anticipating that such groups may resurface on Facebook again because Facebook or any social media in that case, does not and cannot bar any individual from coming back to create another new identity with yet another set of false information.

Let us be prepared to fight such online harassment against women in a positive way.  

Please Note: Do not violate copyright of this blog. If you would like to use informations provided in this blog for your own assignment/writeup/project/blog/article, please cite it as “Halder D. (2015), “How we were able to remove Facebook groups victimising women through creating fake avatars: A success story

”, 26-11-2015, published in http://debaraticyberspace.blogspot.com/

Porn panic: how festive-dressing styles become responsible

CYBER CRIME AGAINST WOMEN BY DEBARATI HALDER

Come autumn and it is the festive season every where in India.  Daily soaps are regularly interrupted by new advertisements about every usable stuff and the fashion magazines  get flooded by what a teenager should wear, how a woman should carry her saree or in what attire a man should look most ‘desirable’ to women. Nonetheless, each of the States in India have their own dressing style, but when it comes to metro style and casuals, especially for festivals, girls and boys, men and women never disappoint style makers of Bollywood and the Mumbai serials. This Durga puja was a special one for me as I got to see Kolkata in Durga Puja after a long time. The city has not changed its traditions, but digital habits of people have. Visitors to puja pandals , especially young adults visit the pandals not for seeing the different themes or idols, but for taking selfies with “Durga and her children”.  Too many flashes, ‘click’ sounds of camera phones  do make a disturbance for those who want to enjoy the Puja in its real meaning. With the changing of the time, these were bound to happen. But what worries me is the gross violation of privacy while clicking selfies, doulfies (couple-selfie) or even clicking of the general Puja  pandals.  In earlier days, capturing images in the Puja pandals was treated as ‘eve teasing’ if someone intentionally clicked images of girls and women by continuously  disturbing them, making them to look at the photographer  without getting their permission and against their will (to be photographed). Even though this had proved to be dangerous for many girls and women, their harassment would not have been as ‘large scale’ as it may be now. It is because not only the girls and women can be clicked anywhere, in any position, their images can travel to many persons, many unwanted sites and to many unwanted persons within minutes. The hard truth is, even the selfie taker girls and women may also be victimised if their selfies land in unwanted places on internet.

 In this connection, I must mention about the conference on Porn, Panic, Ban held at Delhi on 28^th and 29^th October, organised jointly by Point of View and Internet Democracy project. I was invited as a resource person and speaker to speak on indecent representation of women on internet. My lecture was largely based on my article titled “Examining the scope of IndecentRepresentation of Women (prevention) Act in the light of cyber victimization inIndia”. In this conference, I and other speakers raised our concern regarding voyeurism. Precisely, in any public festival, women and girls may be the chosen targets for such voyeurs who have mania for clicking women and girls from odd angels. These images are either uploaded in the social networking sites for personal sexual gratification, creation of ‘sex-groups’, or even revenge porn.  We do know how a couple  of months back, the images of children clicked and uploaded on Facebook had created a vicious network of people who turned these young children into ‘sex-items’ for them on Facebook . The photographs of these children were also clicked in public places. Saying this I want to emphasise on the fact that everyone, especially women and girls in the present age must be cautious about their safety not only in the physical world, but also on internet.  In my previous article titled “Online Victimization of Andaman Jarawa Tribal Women: AnAnalysis of the ‘Human Safari’ YouTube Videos (2012) and its Effects.” Which was published in British Journal of Criminology in 2014, I had shown how absence of proper laws prohibiting photography in public places enhance the possibilities of online victimisation of women more. Same opinion goes for young girls and boys as well.

The festival dressing styles for women and girls not only encourage the fashion makers to decide for the next style statements, but also encourage the perpetrators to get armed with cell phone cameras to ‘capture’ their prey for their own corrupted minds.  It may be impossible to think about curtailing private rights to capture images at Puja pandals or any festival gatherings, but this becomes a necessary need for saving women from being indecently represented on internet. Along with that, I agree with some concerned police officers who are of the view that neither men nor women or children should opt for those attire, which not only make themselves feel uncomfortable, but also may make them victims of unwanted harassment.   Plainly speaking, public places ( except where it is designated to be a bathing place), should not be considered as platforms to experiment attires or style statements which may attract unwanted harassment. It needs to be understood that while one may dress according to one’s own choice, one can not expect everyone to have same views about him/her in his/her chosen attire. While its true that perpetrators and perverts may target women and girls and even men in any attire, but still then, in my own experience I have seen that perverts do target specific people, who in their view is the 'sexiest'. True, its their problem and not ours.  
 Let me explain this with an example from my own childhood. At a wedding we got to see a famous movie star who came in attire which was the latest fashion statement at the early 90’s. He wore a see-through shirt. While he ( note that this particular person is a man and not a woman) managed to attract the attention of every young people who loved watching him on screen, there were people who were not exposed to such see through garments in real life. The popular actor did also managed to hear one such person shouting at others ‘look the man is wearing plastic sheet to show off his hairy chest and plump midriff’ . It was truly a hilarious moment for many of us youngsters who were ‘forced’ to look at the actor once again and scrutinise his body structure. But remember, the late 80’s and early 90’s did not have cell phone cameras and smart phones and hence his picture in his latest style did not become viral in the other way with the odd comment ‘pasted’ to his picture.  But this can happen now. Nonetheless, if this happens to anyone now, only the true victims would know what the pain would be like.  Social media would not take down such fake avatar with nasty comments if the victim is an adult, because such posts would obviously carry the question of First Amendment rights versus right against being victimised by indecent representation; clouds may take such images and the comments to numerous unwanted sites and it would become literally impossible for the victim to remove image of hers in her own favourite attire which may have become ‘hot favourite’ for others for sexual gratification. For this women and girls need to be more aware. No, my concern is not for making women and girls feel that they should not opt for uncomfortable dresses in the name of fashion only; my concern is for women team among the organisers. Stand up for protesting any violation of rights of women and girls and this could be done when women members in the Puja organising committees or volunteers from civil society members take active steps for spreading the awareness against voyeuristic activities. 
 With Kali Puja and Diwali approaching, the government, the police and also the puja organisers and civil society at large must decide to take such steps which may create awareness among people to prevent such sorts of victimisation of people. 

• Children, do not click unwanted photos of others, because this may violate other’s privacy. 
• Young adults, restrain from using your cellphone cameras as ‘spy-cam’, because if you are capturing somebody secretly, remember, you are not only violating other’s rights, but some one may also do the same to you and you may have to face  legal actions and harassments as well. 
• Especially to girls and women: beware while taking selfies and storing it in the clouds or sharing it with others. You may never know how your favourite selfie can become an item for adult sites and an indecent representation of yourself.

Wish you all a very happy and safe Diwali.

Please Note: Do not violate copyright of this blog. If you would like to use informations provided in this blog for your own assignment/writeup/project/blog/article, please cite it as “Halder D. (2015), “Porn panic: how festive- dressin styles become responsible”, 06-11-2015, published in http://debaraticyberspace.blogspot.com/

Cyber misogyny of female journalists

CYBER CRIME AGAINST WOMEN BY DEBARATI HALDER

When the image of Aylan Kurdi, the Syrian boy who was found lying dead on a sea shore in Turkey surfaced on internet, social media including Twitter were flooded with posts expressing concerns for war refugees.  One of the worst causes of destruction of human civilisation is definitely the war. When as a young student I used to read about World Wars, I used to believe that wars are parts of history and this would never occur in modern age. But my childish thoughts were smashed with growing up years when I learnt that wars in different forms still exist and they are more devastating than before.  The television channels used to show live broadcasting of soldiers preparing for counter attack in borders and like many other young women I often used to think that such reporting are done by men. But I was proved wrong. Be it  Barkha Dutt’s reporting on Kargil war between India and Pakistan  or her coverage of 2008 Taaj attack in Mumbai , like many other girls, we knew Barkha as a reporter meant to cover risky areas. Remember Maya Mirchandani , the reporter who was one of the last to cover Sri Lankar President Chandrika Kumaratunga’s campaign rally when the Kumaratunga was hurt due to bomb explosion ? Following female journalists like Barkha or Maya, many female journalists came up to take this venture of reporting war crimes, political hooliganism, scams etc literally risking their lives.  Among these brave women brigade, I have my own cousins who have also suffered physical injuries in the course of their duties.

But with the advent of digital communication technology, attacks on women journalists have become more organised, personal and also patterned.  Sagarika Ghosh, one of the senior most women journalists in India was one of the worst victims of Twitter trolls.  In my BBC interview (http://www.bbc.com/news/world-asia-india-22378366) regarding attacks on women on social media I expressed my anguish over the issue of lack of empathy and sympathy from the part of criminal justice machinery to the female victims, especially in case of trolling or bullying, even if they are celebrities . Undoubtedly, this is a major cause which motivates the perpetrators to abuse such women.   In my recent publication titled “A retrospective analysis of S.66A: Could S.66A of the Information Technology Act be reconsidered for regulating “bad talk” in the internet?” Published in Indian Student Law Review (ISLR), 2015(1), pp 98-128, I took up Sagarika’s case  as a prime example as how women may be victimised online  irrespective of their position in the society. They may also be targeted by misogynist posts including online sexual abuse.  The reasons may vary from professional jealousy from own colleagues, workplace harassment to even dislike by members of particular group or organisation, who may motivate supporters to individually attack the women concerned online.  The very recent case of the Delhi Journalist Swati Chaturvedi, who became a victim of  sexist trolling allegedly by another senior journalist  may be seen as a good example in this case( http://indiasamvad.co.in/6524/showstory/Beware-of-sexist-remarks-Delhi-journo-to-become-first-to-be-arrested-for-Twitter-trolling).  But it would be wrong to presume that such atrocities happen only in India.  Consider the case of Sharmila Seyyid, a SriLanka based war crime reporter; because of her work, she was attacked online and once Twitter and other social media were also used to spread the news of her death and the morphed picture which showed her raped. She was very much alive but these tricks were taken up to send her death threats and make her family feel extremely insecure about her life (See http://www.thehindu.com/opinion/op-ed/sharmila-seyyid-online-trolling-death-threats/article7109863.ece). But she is not the only one Sri Lankan female reporter to be victimised online. Another Sri Lankan war crime reporter named Dilshy Banu, who is also the writer of four books, was also attacked online. Dilshy, unlike other women was not trolled in the social media. But whenever anyone searches her name with the key words of her name, the search engine gets flooded with web links of pornographic sites which has her name with a slight change in the spelling. Dilshy contacted me for help and permitted me to use her case study.  It is unfortunate that similar to many other women journalists, Dilshy’s name has been added to vicious misogynist posts on internet and these web links may stay for a long time like those ugly posts targeting other women journalists, which are still floating in some sites, unless search engines themselves pull down those web links. on a positive side,the number of such links showing porn contents which are tagged with Dilshy's name are reducing. But the process is slow. But as may be seen, such act of pulling down of misogynist posts needs the cooperation not only from the NGOs, but also from the criminal justice machinery where the victim should report the crime for getting a legal recognition of the offence, the search engines as the intermediaries and of course the general public who may help these brave women by ‘positive Google bombing’.  It is understandable that like India, many other south Asian countries including Sri Lanka, Pakistan, Bangladesh, Bhutan etc may not have well developed laws to prevent cyber misogyny targeting women; and even if they do, the foreign based intermediaries may need to work more cooperatively to help prevent such sorts of victimisation since the viral nature of the offensive posts may  make the individual stake holders almost impossible to erase them completely.  It is unfortunate to note that this may be one of the reasons that more orthodox countries including Iran etc, periodically block many websites including Google or may even create prohibitory sanctions for using internet.  

It is understandable that all of us have freedom of speech and expression and as I mentioned in my article on S.66A, the courts, not only in India, but all over the world, are slowly expanding the scope of free speech guarantee.  The latest example is obviously the Elonis decision in the US on which I wrote my blog @ http://debaraticyberspace.blogspot.in/2015/06/the-elonis-decision-why-would-indian.html . But that does not mean that people can take internet or digital communication technology to continue attack on women, including journalists.  

Let us join hands to stop online victimisation of women irrespective of jurisdiction.

Please Note: Do not violate copyright of this blog. If you would like to use informations provided in this blog for your own assignment/writeup/project/blog/article, please cite it as “Halder D. (2015), “Cyber misogyny of female journalists”, 9^th September, 2015, published in http://debaraticyberspace.blogspot.com/