Cyber Bullying, Online Hate and Harassment: Emerging Challenges and Legal Protections to the Victim

Abstract

Cyber bullying, hate speech via the internet, and harassment that is enabled by technology are quickly relying the point of harm not only to physical geography but also to networked environments where abuse can be scaled, sustained and hard to get rid of. In Pakistan, the concept of victim protection is rooted in constitutional rights to dignity and privacy (Article 14) and a broad interpretation of life and liberty (Article 9) with statutory protection under the Prevention of Electronic Crimes Act, 2016 (PECA). But the legal difficulty is dual: (i) under-enforcement and procedural drag that will deter reporting and a slowing of relief, (ii) there is the danger of over-extensive regulation of content that will suppress legitimate speech and political dissent. Workable thresholds are determined with the help of comparative jurisprudence. The constitutional weakness of vaguely charging crimes of offensive speech as seen in Shreya Singhal v Union of India (2015) points to the striking down of vague online restrictions on speech in India, whereas its privacy jurisprudence in K.S. Puttaswamy v Union of India (2017) compounds claim regarding doxxing and non-consensual dissemination. The case law of DPP v Collins 2006 and Chambers v DPP 2012 to establish the distinction between grossly offensive communication and defensive expression and the cases of defamation and harassment in digital media characterise the UK attitude to reputational harm. The US constitutional framework provides the most robust safeguard of hateful speech, but nonetheless authorizes it to be limited to subjective threats and stalking-like behaviors, which has been narrowed down more recently in Counterman v Colorado (2023).