After the end of the Cold War in the 1990s, the internet became a part of our
life. People from all walks of life began to use this once military technology
for daily basis. It made a lot of people from different parts of the word to
connect with each other. If the 1990s was the internet's baby steps then it was
the 2000 that perfected internet into something that we know and use today. It
was during that time websites like Microsoft Myspace brought the people to
connect with each other.
However when Facebook came in 2004, it changed the
world stage forever because a Harvard dropout (Mark Zuckerberg) thought he could
do something that could connect people in more easier way. And the rest was
history. Social media became an industry of its own and people have been using
it to change not only the society but also to the entire human race, like the
Arab Spring[i] where the social media played a huge role in it.
Social media however has its downsides too. It ironically divides people over
smallest of things. People often vent our their frustration for wrong reasons.
The Cambridge Analytica scandal[ii] which caused millions of personal data being
leaked have cause massive uproar and people have begin doubting the use of
social media. Lets not forget that people have been harassing other people
online through various means like hate speech, rape threats, cancel culture,
cyber bullying, online stalking and vice versa.
This has led to the rise of
online trials and witch hunts which has caused more harm than good. This type of
behaviour resembles the McCarthyism which was more prevalent in the early years
of the Cold War i.e. the 1950s. When US Senator Joseph McCarthy made a statement
about the alleged communist infiltration in the American society, it caused a
huge commotion in America. People who are alleged communist often lose their
jobs, being harassed by the mob and therefore ostracized from the society.
This
not only affected them but also to their families. Nowadays there are thousands,
if not million Joseph McCarthys on the internet to prey on their latest victims
via witch hunting. And that's not all people often jump into conclusions through
their online trial of someone. They judge that someone through mere accusations
albeit the accusations could be false but it doesn't matter, sometimes it could
destroy an innocent person's life.
Fast forward to 2020, the Covid-19 pandemic and people have been shut in their
homes because of the unfortunate numbers of confirmed cases and deaths. The
pandemic is now written in the human history as the biggest global crisis since
the end of World War II. People with a lot of free time on their hands and
sometimes they don't use it for good reasons. Recently there are lot of people
who are the unfortunate victims of cruel practice of the online trial and witch
hunt by the mob just to gain either clout, attention, views on YouTube, Facebook,
Instagram and so on. This has brought a lot of side effect on their health,
families, friends and their lives. So this article will talk about how online
trial and witch hunt has affected people and what remedies should people take
it.
What is Online Harassment, Social Media Trial and Witch Hunt?
Popular YouTube personality Filthy Frank once said:
The internet provides greater opportunity for the stupidity to be expressed and
paraded. And with this day and age of the internet, ignorance is a choice and
they're still choosing ignorance.
This quote often explains the current issues faced by the people on
the internet. In order to understand online trials and witch hunts, we must
understand what online harassment is. Online harassment is a repeated
unsolicited and abusive contact which has the goal of intimidation and
frightening of the person. [iii]
For example, a guy threatens a girl that he will
post her explicit photos on the internet if she does not do what she says or
bullying someone by calling him/her names based on their looks.
Those are just
examples but it does often happen in real life, for example Tik Tok (now banned
in India[iv]) has been criticized for the cyber bullying of their teenage
creators and the company's apathy to take any action[v] about this. Al Jazeera
made an interesting report regarding the situation. It states that women and
young girls are quitting social media because of the harassment they are
receiving.
According to them One in five girls has abandoned or cut down their
use on social media because they are being stalked, get really offensive
messages and stuff like that. Common attacks are more often on sites like Facebook, Instagram, WhatsApp, Snapchat and vice versa. A survey polled around
14000 girls and young women gives a very unfortunate results. The age group of
15-25 are the ones who are harassed online countries like Brazil, The United
States, India, Spain, Thailand and vice versa.[vi]
One example is the Agrima
Joshua incident In July of this year Agrima Joshua, a standup comedian made a
joke about Shivaji Maharaj in 2017. Although it was a joke this did not sit well
with a lot of people. Her set was thrashed by the mob which forced the comedian
to make an apology. Subham Mishra who is an internet personality whose
shenanigans could compared to Hindustani Bhau made a video where he literally
gave rape threats online to the comedian. This resulted in widespread
condemnation against him and Hindustani Bhau who supported this as well. He was
arrested by the Vadodara Police few days later.[vii]
Now that the definition of Online Harassment has being explained, let's talk
about the Social Media Trial. As previously said, people often jump into
conclusions without understanding the problem and because of this it has led to
very grave situations. People often think that because social media is the way
to express their opinions as given by the Article 19 of the Indian Constitution[viii] i.e. freedon of speech and expression they can say whatever
they want.
They just reincarnate Social Media as the Supreme Court of India and
they become the judge, jury and executioner. They give a judgement of someone
who has allegedly said some critical about the government and the mob just eat
it up and they call that same someone anti-nationalist on social media (despite
of the fact that they do not know about sedition law and Section 124 of the
Indian Penal Code talks about it[ix]) not knowing the repercussions, let alone
hearing the other side of the story and often ignoring that there is a system
called fair trial and they are not seeing the difference of a fair trial and a
social media trial.
This defeats the purpose of Article 19. People often forget
that Article 19 has restrictions so that it could protect the morality,
integrity, honour etc of the soverign and prevents people from doing something
wrong and regrettable. This is what social media trial does. The social media
trial has led a doctor in Kerela to commit suicide.[x]
Now let's talk about witch hunt. Witch hunt can be defined as an attemp to find
someone or group of people and punish him/her or they because they are being
blamed for something, often because of the differences of the opinions instead
of the actual wrong being done by someone or group of people.[xi] As previously
mentioned, the Maccarthyism in the 1950s or the Red Scarce is the perfect
example of the witch hunt[xii]. In this era, there are lot of Joseph Maccarthies
who are witch hunting someone just because they have different opinion of the
matter.
For example if person A wrote a post about B where the former says that
he raped a woman, it won't even matter if the information is credible or not let
alone listening the other side of the story i.e. B's story, since rape is a very
sensitive issue in India, people often jump the gun and they just witch hunt the
person, often beating him and ostracising him from the society. B could lose his
job, his family or in worst case scenario he could lose his life because of the
witch hunt caused by the said accusation.
Again Article 19 of the Indian
Constitution is thrown out the window. The Jasleen Kaur case is the real life
example of the witch hunt, where she accused a person named Sarvjeet Singh of
harassing her on Facebook thus leading to the loss of his job, and the constant
harassment from the media and the mob the former of which called him ‘Delhi ka
Darinda'. The guy eventually got acquitted from the case because Jasleen did not
attend court hearings and the credible of the post was also questioned.
Nevertheless this affected his life because of the girl's action.[xiii]
Psychological effects of Online Harassment, Social Media Trials and Witch Hunts:
- The harm in self-esteem, destruction of self-confidence, questioning of
their own self.
- Continuous bullying could lead to isolation from their own friends and
family members which also have a drastic impact.
- Some young adults could often resort to self harm.
- They could often face suicidal thoughts, or they might resort to suicide. [xiv]
- Some people fear for their lives.
- The online harassment creats fear of leaving homes for some people. [xv]
Example of this could be Hana Kimura, a Japanese wrestler who commited suicide
over a clash with a male contestant in a reality show. Because of this the mob
attacked her giving her death threats and calling out names to her. This type of
witch hunt has led to her death.[xvi] Another example is the James Charles
situation where James Charles an internet celebrity was being accused of
predatory behaviour by another celebrity Tati Westbrook.
This has resulted in
James losing millions of subscribers on YouTube and people of the social media
court are just jumping to conclusion without listening to his side of the story
leadng to online witch hunt towards him[xvii]. However James brought out the
recipts debunking the accusations made by Westbrook and he also explains how the
whole thing has affected him mentally.[xviii]
The Rhea Chakraborty case
Following the unfortunate death of Sushant Singh Rajput on 14th June 2020,
people have been in uproar about the whole ordeal. People blamed Bollywood
elites like Karan Johar for promting favouritism in Bollywood. [xix] However this
does not end there. People have been accusing Sushant's girlfriend Rhea
Chakraborty for her part in his death even though she was arrested by the NCB
(Narcotics Control Bureau) for the use of drugs. Since there are lot of
conspiracy theories regarding this case, people of the social media trial think
of them as facts.
This has made Rhea, a modern day communist pariah in the Social Media and TV
Media's Maccarthyism and was subjected to tons of hate. The Social Media Trial
has led people to send online rape and murder threats to Rhea forcing her to
disable her Instagram. The TRP vultures of the TV media also played a huge role
for her harassment by putting salt into injuries and has being harassing her on
her home and while going to the NCB interrogation.[xx]
This type of harassment
has made some people question the morality of the case and it also shows the
double standards of the mob and the social/tv media while they were talking
about justice for Sushant while ignoring the mental health of the actor[xxi] as
well as the witch hunt that has affected Rhea's mental health.[xxii]
Remedies
Legal Remedies:
- Section 499 and 500 of the Indian Penal Code talks about defamation
where a person could be punished with a imprisonment for 2 years or fine
or both if he or she does something that could harm the reputation of someone. [xxiii]
- Section 503 talks about criminal intimidation if someone threatens
another by any injury to his or her person, reputation or property with
an intention. [xxiv]
- Section 354 talks about Voyeurism which talks about taking an image
of a woman without consent and anyone punished under this act will be
punished with the imprisonment for 3 years for first offense and 7 years
for subsequent offense. [xxv]
- Section 507 talks about Criminal intimidation by an anonymous
communication and anyone punished under this act will imprisoned for a
term which will extend to 2 years. [xxvi]
- Section 228a: Disclosure of the identity of victims of certain
offences anyone punished under this will also be imprisoned for a term
which will extend to 2 years. [xxvii]
Other remedies:
- Do not respond to anything the mob says, it will only give them
what they wanted.
- A person should express his/her feelings to friends, family so
that they'll know how they feel about the online trial, witch hunt
or harassment. The victims of the said attacks can also provide
support to the person.
- Blocking is another effective measure to prevent the mob from
harassing the person but if it does not work. [xxviii]
- Take screenshots of the messages, comments and conversations and
report it to the appropriate authorities.
- Make sure to have witnesses so that they could see what is going
on with the person which will soon be useful in court. [xxix]
Conclusion
Social media is a very powerful tool in this day and age. However this tool has
been misused to cause harm and divide among others which could affect the person
mentally and psychologically. The mentality of live and let live has brought up
more breeds of the mob who cannot see reason and often resorts to something
which could end up regrettable. Because of the misuse social media has now
become a connecting means all by name and in reality it is just an irony.
It is
not a bad place, however the misuse has just gave more reluctance to people.
However the sites are now promoting new policies to avoid such commotions as
well as there has been a rise of awareness about issues of social media among
the general masses. The MeToo movement is an example on how social media could
be used to help people who were the victims of sexual abuse and has put a lot of
sexual predators behind bars.
Social Media has made the world more connecting,
in the aftermath of the recent George Floyd Protests which has brought more
people to stand up against the issue of racism. If the issues are addressed
through legal means as well as the effectiveness of the company's policy against
harassment then people would regain their trust on the social media. Thus people
need to be careful regarding the pros and cons of social media.
End-Notes:
-
https://www.history.com/topics/middle-east/arab-spring#:~:text=The%20Arab%20Spring%20was%20a%20loosely%20related%20group,end%20goal%20was%20increased%20democracy%20and%20cultural%20freedom
- https://www.huffingtonpost.in/entry/cambridge-analytica-what-to-know_n_5ab11d7ee4b09a2c75c90931?ri18n=true#:~:text=Cambridge%20Analytica%2C%20whose%20parent%20company%20is%20Strategic%20Communication,%E2%80%9Cto%20engage%2C%20persuade%2C%20and%20motivate%20individuals%20to%20act.%E2%80%9D
- https://www.wisegeek.net/what-is-online-harassment.htm
- https://www.bbc.com/news/technology-53225720#:~:text=India%27s%20government%20has%20banned%20TikTok%20and%20dozens%20more,banned%20-%20among%20them%20popular%20messaging%20app%20WeChat.
- https://www.buzzfeednews.com/article/krishrach/tik-tok-users-bullying-abuse-complaints
- https://www.aljazeera.com/news/2020/10/5/toxic-online-abuse-drives-women-girls-from-social-media
- https://www.hindustantimes.com/tv/shubham-mishra-arrested-over-rape-threats-to-comedian-pooja-bhatt-swara-bhasker-laud-vadodara-police/story-iIxktM6Gsrh8x0dusVxDDO.html
- https://indiankanoon.org/doc/1218090/#:~:text=Article%2019%20in%20The%20Constitution%20Of%20India%201949,etc%20%281%29%20All%20citizens%20shall%20have%20the%20right
- https://indiankanoon.org/doc/1641007/
- https://indianexpress.com/article/india/facing-social-media-trial-kerala-doc-found-hanging-6691231/
- https://www.collinsdictionary.com/us/dictionary/english/witch-hunt
- https://sdjekic.wordpress.com/the-communist-witch-hunt/#:~:text=The%20communist%20witch%20hunt%20was%20a%20period%20in,the%20soviets%20worked%20together%20to%20bring%20down%20Hitler.
- https://www.newindianexpress.com/nation/2019/oct/26/jasleen-kaur-case-sarvjeet-acquitted-after-four-years-netizens-demand-apology-from-kejriwal-arnab-2053322.html
- https://feminisminindia.com/2016/11/23/online-harassment-affects-mental-health/#:~:text=Online%20harassment%20and%20bullying%20have%20a%20negative%20impact,people%E2%80%99s%20ability%20to%20work%20effectively%2C%20to%20feel%20safe.
- https://archive.thinkprogress.org/the-real-life-consequences-of-online-harassment-5c8e9547a93e/
- https://www.dw.com/en/hana-kimura-suicide-of-japanese-wrestler-blamed-on-online-bullying/a-53567834
- https://edition.cnn.com/2019/05/12/entertainment/james-charles-youtube-subscribers-trnd/index.html
- https://edition.cnn.com/2019/05/18/entertainment/james-charles-tati-westbrook-trnd/index.html
- https://news.abplive.com/entertainment/movies/sushant-singh-rajput-death-karan-johar-bruttaly-trolled-on-his-return-to-twitter-on-the-occasion-of-ganesh-chaturthi-1319539
- https://www.financialexpress.com/opinion/rhea-chakraborty-case-sensationalist-media-coverage-distorts-due-process-and-risks-subverting-justice/2100367/
- https://feminisminindia.com/2020/09/07/ssr-case-media-denies-mental-health-issues-men/
- https://mumbaimirror.indiatimes.com/mumbai/other/witch-hunt-by-central-agencies-taking-toll-on-my-mental-health-rhea-chakraborty/articleshow/78286597.cms#:~:text=Actor%20Rhea%20Chakraborty%2C%20arrested%20in%20a%20drugs%20case,any%20further%20custody%20will%20worsen%20her%20mental%20health.
- https://legodesk.com/legopedia/section-499-and-500-of-ipc/#:~:text=Section%20499%20of%20the%20Indian%20Penal%20Code%20gives,Constitution%20of%20India%20under%20Article%2019%20%281%29%20%28a%29.
- https://indiankanoon.org/doc/878688/
- https://www.legallyindia.com/views/entry/online-harassment-and-legal-remedies
- https://indiankanoon.org/doc/1255223/
- https://indiankanoon.org/doc/1696350/
- https://www.engadget.com/2016-09-21-ways-to-stop-social-media-harassment.html
- https://www.legallyindia.com/views/entry/online-harassment-and-legal-remedies
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