Just a few days back, the Chief Minister of the state said on the floor of the Assembly that actions will be initiated to arrest and ban those who commit cyber crimes, including through the use of social networking site, Facebook in the state. While cyber crimes like pornography, explicit content being shared online or through other electronic sharing mediums like MMS does need to be tackled in the state, the inclusion of Facebook is problematic. First and foremost is the fact that there are many other social networking forums apart from Facebook and just making a specific mention of one site and ignoring others is shortsightedness. More important than this factor is the fact that right now, the country’s cyber related laws are vague and can be more of a big brother action rather than working for the common good of the country’s citizens. Under Section 66A of the Information Technology Act, anyone who sends through a computer or communication device any information that is grossly offensive or has a menacing character could be jailed for a maximum of three years, with an appropriate fine but in all purposes the Act has been used by the powers that be to throttle the freedom of expression while ignoring the many serious crimes that are being perpetuated online, including making explicit threats on women. Across the country, there is ample proof of how Section 66A has been used by those in power but really, misusing the ‘any information that is grossly offensive’ since what is considered ‘offensive’ may not hold for the same. But it is these words that continue to be used. We saw this in the case of two young students who had updated their Facebook status commenting on the nature of state preparation following the death of Shiv Sena supremo Bal Thackeray.
That technology can be abused is a truth. That it can be used by security personnel to harass the common man is unfolding in Churachandpur right now where four IRP personnel ended up taping a couple while they were getting intimate on mobile phones. That the four personnel have been arrested and other action likely to follow could be because of the public outrage. But the reality is that there are many other materials and content being shared through MMS and through social networking sites and video related sites where images are morphed and pixilated. There are also instances where consenting adults in a sexual relationship have made public intimate moments online while keeping their partners in the dark and worse, when the relationship goes sour. In such circumstances, not many want to take a stand and lodge any complaints and so, continue to be harassed online where lewd comments are passed on. And while it is equally true that the vague nature of Section 66A of the Information Technology Act is being used to pull the plug on people who take a stand against the powerful with even journalists doing sting stories being arrested, the fact is that cyber laws in the country are also letting off the real offenders.
Even as the Supreme Court has ruled that no person can be arrested for posting objectionable comments on social networking sites, without permission from senior police officers, the nature of the unholy closeness between politicians and the police also means that when the common man, activists working for a cause or even journalists write or make a statement that the political power class deem offensive to them, action can still be taken on those with the dissenting voice. Comments and written materials available online when treated as offensive is a direct assault on the fundamental right of expression that every citizen of the country is equipped with. It would be wise to have a look into how law enforcers look at cyber crimes and what loopholes exist. In Manipur especially, cyber related crimes are a reality with a majority of such cases being ones where sexually explicit content and comments are made at the expense of women and young girls. But cracking cases and crimes involving the use of technology including the tracking of mobile call records seems to be a weakness for the state police department with most investigations of crime being left unsolved or in a ‘status pending’ mode, a sad picture in a world where technology can be used to track a lot of criminal activity. In Manipur unfortunately, technology stands as a domain only to be abused.