Social media is the greatest invention of mankind, why? Because it allows you to virtually meet each other without actually meeting each other. But social media is also full of spammers, Internet troll, bots and some unique category of people who have skills like abusing you in comment section or in personal chat. For most of you the optimal solution in such situation is blocking that person Am I right?
I have blocked the person, Job is done.
But let’s say even after blocking that person, he makes a different account with different user name and start doing his/her old job of harassing you.
Please don’t tell me you are going to block each and every account that does such things with you because by doing that you will cut your followers on that platform.
Recently actress Neha Dhupia was targeted by Indian community for promoting pseudo-feminism. In her case, she was wrong so, she didn’t have any choice.
But that’s not the case with you or me friend. Today, I will enlighten you with the facts as well as the laws that how you are going to deal with it. So, read till the end to have full access to the knowledge.
Section 66A of IT act will be your life savior
Good. Now, you know the number of the section. So, now let’s jump into what’s in the section. In simple words, Section 66A of the IT Act, 2008 prohibits the sending of offensive messages through a communication device (i.e. through an internet medium).The kinds of data this covers are; offensive messages of a threatening character or a message which sender is aware of to be false, however is distributed for the aim of ‘causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or unwell’.
So this was just the basic of what section 66A of IT act is!
Not satisfied, want to know more…….
I know that Information wasn’t much for you and you need way more information than that. So let’s add the spice detail.
Section 66A – Punishment for sending offensive messages through any communication service.
Any person who sends, by the means of a laptop, mobile, pc, tablet resource or a communication device,—
(a) Any Information that’s grossly offensive or has threatening characters or
(b) Any information that he/she is aware of to be false, except for the aim of inflicting annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, persistently by creating use of such Laptop, computer resource or a communication device; or
(c) Any piece of email or email message for the aim of inflicting annoyance or inconvenience or to deceive or to mislead the recipient or recipient concerning the origin of such messages, shall be punishable with imprisonment for a term which can touch 3 years and with fine. ( section 66A )
I know the law, what’s next????
So, after reading the above mentioned details about the law, you know what this law is, how helpful it can be to you or to any person stacked in such situation.
Just to make sure you are aware of the situation here: – People abusing or sending
threats in my comment, personal chat
So now my friend, I will instruct you step by step how you will be dealing with this situation If a person is misusing a social platform. So what remedies are available under the law to deal with such miscreants.
You must save the evidence, only then will you be able to prove your case. You can do this by following ways:-
! Screen recording
! Send backup to close friends
! Create cloud backup to Google
You can always report the person to the administration on Facebook, Instagram, pinterest or whatever social media platform you are using and they shall take necessary action, like deleting that person’s account etc (but for this action you need at least 35-40 reports).
You must block that person immediately. And secure your Facebook, Instagram, pintrest or whatever social media platform you are using by changing your security settings and not permitting that person, neither to contact you nor to message you.
Note- always take proof of evidence first.
File a case in your nearest police station under Section 66A in the ( amended ) Information Technology Act.
It deals with such offences. Sending a message, through a computer or such device, which is Grossly Offensive or has Menacing character, any communication which a person knows is false but for the purpose of causing insult, annoyance of criminal intimidation is communicated against the victim, comes under this section.
Such crime is punishable with imprisonment up to 3 years and fine.
You can approach your concerned Police Station and hand over the evidence of Abuse to
them ( keeping one copy with you) and lodge your complaint, the police shall file an FIR with necessary sections and begin their investigation thereafter by summoning the accused and henceforth the process shall commence.
Want to know how police will track that person??
For safety of my blog reason I can’t reveal the complete procedure of how exactly does police arrest but I will try my best to give required credentials.
To procure data on any case, Cyber Crime Branch cell of the respective state has to go through series of levels. But in case of social networking sites like Facebook they seek help from Interpol (CBI), Delhi. So the reason they will consult the Interpol is to know service provider whose services were used by the victim to post or send complaints.
Therefore, the entire investigation is at the mercy of the service providers who may or may not provide details. But they also face one issue when dealing with facebook. As far as our research is concerned, facebook as of now has a policy where they don’t hold any information for more than 1 month. But here is a game changer, we also found that if a post has enough traffic then they hold the data of the post for 3 months.
So this a way how they will retrieve data
However, if the situation is related to WhatsApp then it’s a difficult task to retrieve the data. Here they face challenges as we are living in a dynamic technology environment.
So, in order to get the data, they rely on outside agency.
The easy part for them is to track emails
As emails are easily trackable, especially the mails on gmail, hotmail, rediff mail, as their servers have the capacity to store data for a longer period of time.
One more reason is they have their offices in India. These companies are co-operative during the investigation.
But in future if facebook or any platforms of social media starts getting linked with emails accounts then data retrieving will become a cup of tea.
Check out over second part of this article that How will you protect yourself if you get
stuck in this situation where case is filed against you?
If you still didn’t find the optimal solution for this problem you can contact us at [email protected] for any kind of legal support If something similar has happened please share your views in the comment section.