Why in the News?
The online targeting of women protesters has highlighted the absence of a dedicated law against doxxing in India, forcing victims to rely on scattered legal provisions.
What is Doxxing?
- Doxxing is the unauthorised public disclosure of a person’s private or personal information online to harass, intimidate or threaten them.
- It can lead to stalking, identity theft, threats and physical harm.
Existing Legal Framework
- Bharatiya Nyaya Sanhita (BNS), 2023: Provisions relating to stalking, criminal intimidation and harassment.
- Information Technology (IT) Act, 2000: Covers privacy violations and unauthorised disclosure of personal information.
- Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021: Prescribe due diligence obligations for online platforms and provide safe harbour protection.
Challenges
- No specific offence for doxxing under Indian law.
- Delays in content removal and prosecution.
- Difficulty in fixing platform liability due to safe harbour provisions.
- Rising digital threats to privacy and safety.
Prelims Facts
- The Digital Personal Data Protection (DPDP) Act, 2023 governs the processing of personal digital data but does not specifically criminalise doxxing.
- Safe Harbour under Section 79 of the Information Technology (IT) Act, 2000 protects intermediaries from liability if they comply with due diligence requirements.
[2024] Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?
(a) Article 15
(b) Article 16
(c) Article 19
(d) Article 21