{"id":200589,"date":"2019-04-15T08:59:04","date_gmt":"2019-04-15T03:29:04","guid":{"rendered":"https:\/\/www.colombotelegraph.com\/?p=200589"},"modified":"2019-04-20T23:53:59","modified_gmt":"2019-04-20T18:23:59","slug":"harassment-beyond-borders-can-victims-be-protected-by-cyber-bullying-in-sri-lanka","status":"publish","type":"post","link":"https:\/\/www.colombotelegraph.com\/index.php\/harassment-beyond-borders-can-victims-be-protected-by-cyber-bullying-in-sri-lanka\/","title":{"rendered":"Harassment Beyond Borders; Can Victims Be Protected By Cyber Bullying In Sri Lanka?\u00a0"},"content":{"rendered":"

By Aparrajitha Ariyadasa –<\/b><\/p>\n

\"\"<\/a>

Aparrajitha Ariyadasa<\/p><\/div>\n

\u201cThe task force comprises members from the NCPA, the Attorney General’s Department, the Police Department, the Ministry of Justice, and the NGO community. The Task Force will immediately start taking action to investigate and prosecute to the full extent of the law those using the internet or mobile devices for purposes of bullying, harassing, stalking, or extortion of children and young persons\u201d<\/i> – Daily Mirror<\/p>\n

Even though\u00a0 <\/span>Research and practice have mostly focused on the \u201cbright side\u201d of social media, aiming to understand and help in leveraging the manifold opportunities afforded by this technology, it is increasingly observable that social media present enormous risks for individuals, communities, firms, and even the whole of society as per the above statement. Examples for this \u201cdark side\u201d of social media include cyberbullying, Cyber stalking, addictive use, trolling, online witch hunts, fake news, and privacy abuse. In this article, I aim to illustrate the multidimensionality of the dark side of social media and describe the related various undesirable outcomes. To do this, we adapt the established social media honeycomb framework to explain the dark side implications of each of the seven functional building blocks: conversations, sharing, presence, relationships, reputation, groups, and identity. On the basis of these reflections, we present a number of avenues for future research, so as to facilitate a better understanding and use of social media.<\/p>\n

Over the past two decades, technology has gushed into businesses, communities, and the lives of individuals, altering the way that people communicate, study, work, and interact. People in various parts of the world can communicate in real time on a variety of devices such as cell phones, tablets, or computers. A photo, video, text message, or email may be viewed by a single individual, shared with another or \u201cgo viral\u201d and spread to hundreds of thousands of users in a matter of minutes. Technology is continuously improving, which in turn influences the way that people interact by promoting global communication and allowing individuals to connect with others more readily. However, the Internet and related technology have also become new mediums for misconduct, in that communications via the Internet can be used to threaten, harass, intimidate, and cause harm to others.<\/p>\n

What Is Cyber-Harasment (CH), Cyber Stalking (CS) And Sexting?\u00a0<\/strong><\/p>\n

<\/b>Cyber bullying<\/b><\/em><\/p>\n

Several definitions have been given to the word \u201cCyber\u201d by various authorities. As per the Cambridge Dictionary, \u201cCyber\u201d means \u201cinvolving, using or relating to computers, especially the internet\u201d. Oxford Dictionary says that \u201cRelating to or characteristic of the culture of computers, information technology, and virtual reality\u201d\u00a0 <\/span>is called \u201ccyber\u201d.\u00a0 <\/span>\u201cBullying\u201d is defined by Cambridge Dictionary as, \u201csomeone who hurts or frightens\u00a0someone else, often over a\u00a0period\u00a0of\u00a0time, and often\u00a0forcing<\/a>\u00a0them to do something that they do not\u00a0want\u00a0to do\u201d\u00a0 <\/span>and also by the Oxford Dictionary as, \u201cSeek to harm, intimidate, or coerce (someone perceived as vulnerable)\u201dand the\u00a0 <\/span>person who habitually seeks to harm or intimidate those whom they perceive as vulnerable\u201d.\u00a0<\/span><\/p>\n

Cyber bullying per say, is defined as \u201cThe use of electronic communication to bully a person, typically by sending messages of an intimidating or threatening nature, by the Oxford Dictionary .\u00a0 <\/span>Therefore, my opinion is that \u2018Cyber Bullying\u201d could be defined as \u201c the use of electronic communication, internet or virtual space to\u00a0 <\/span>hurt and\/or\u00a0frighten and\/or someone\u00a0else<\/a>, often over a\u00a0period<\/a>\u00a0of\u00a0time<\/a>, and often\u00a0forcing<\/a>\u00a0them to do something that they do not\u00a0want<\/a>\u00a0to do, often\u00a0forcing<\/a>\u00a0them to do something that they do not\u00a0want<\/a>\u00a0to do and\/or harm and\/or\u00a0 <\/span>intimidate and\/ or coerce (someone perceived as vulnerable)\u201d<\/p>\n

And also these are forms of\u00a0bullying<\/a>\u00a0or\u00a0harassment<\/a>\u00a0using electronic means which has drastically being increased over the past decades. Cyberbullying and Cyber Harassment are also known as\u00a0online bullying<\/b>. It has become increasingly common, especially among youth.\u00a0Cyberbullying is when someone, bully or harass others on social media, internet, or internet communications such as whatsapp, viber, skype, you tube etc. Harmful bullying behavior can include posting rumors,\u00a0threats<\/a>, sexual remarks, a\u00a0victims’ personal information<\/a>, or pejorative labels (i.e.,\u00a0hate speech<\/a>). Bullying or harassment can be identified by repeated behavior and an intent to harm.\u00a0Victims may have lower self-esteem, increased\u00a0suicidal ideation<\/a>, and a variety of emotional responses, including being scared, frustrated, angry, and depressed.\u00a0<\/span><\/sup><\/p>\n

As per the \u201cWebster\u201d, \u201cRepeated use of electronic communications to harass or frighten someone, for example by sending threatening emails is called Cyber Stalking\u201d. The current state of understanding Cyber Stalking (CS) and Cyber Harassment (CH) have become prevalent problems that warrant the attention of\u00a0 <\/span>Sri Lankan legislatures and the governments including Sri Lanka. Although no national estimates of the extent and pervasiveness of these crimes exist, studies of various countries cause for concern.\u00a0<\/span><\/p>\n

UN Special Representative of the Secretary General states that \u201cBullying affects a high percentage of children, compromising their health, emotional well-being and academic work, and is associated with long-lasting consequences continuing on into adulthood. Growing access to information and communication technologies (ICTs) places children at risk of online abuse, increasing their vulnerability to cyberbullying. Online or in person, bullying has a serious impact on both the victim and the perpetrator. Moreover, bullying comes at a high cost to society\u201d<\/p>\n

Results from Sri Lanka showed that from the Law enforcing Authority which is CID, says that in 2018, there were more than 1000 cyber bullying complaints were reported. Approximately 90% of University students had suffered from\u00a0cyberbullying and Almost all survey participants have said they knew people who had been bullied online, 80% of cyberbullying offenses took place on social media with Facebook being the most common bullying site, The most prevalent bullying offense among university students was the posting of embarrassing videos or photos (65%); posting private information of victims on the web was second (15%) followed by spreading gossip or lies (9%) and posting insults (2%) According to a recent study in Sri Lanka, approximately 90% of university students have been victims of CH. (Island.lk, 26.11.2017)<\/p>\n

Comparatively, in a discussion of the extent of CS, an official\u00a0 <\/span>Government website for Anti bullying in America (2017) reported<\/a> that approximately\u00a0 <\/span>5% of students in grades 6\u201312 , 15% of high school students (grades 9\u201312,\u00a0 <\/span>55.2% of GBTO students were experienced cyberbullying.<\/p>\n

20% of stalking cases in Los Angeles and 40% of the stalking cases in New York utilized the Internet as the mediums for these criminal acts. In 2017, Texas passed \u201cDavid\u2019s Law,\u201d a comprehensive anti-bullying\u00a0and cyberbullying law that criminalizes\u00a0bullying\u00a0and cyberbullying.<\/p>\n

<\/b>Sexting<\/b><\/em><\/p>\n

Sexting is a growing issue in the digital era. As per the Indigenous Law Bulletin of Australia, \u201cIt can be defined as the production and transmission of sexually explicit content via electronic communications\u201d. There are technologies that almost encourage this behavior. \u2018Snapchat\u2019, for example, is a technology that claims to be a fun way to communicate with ephemeral images. \u2018Snapchat\u2019 allows users to make images available to a specific recipient for a fixed number of seconds. Users assume that the image will only be available to the intended recipient for a short time and be destroyed. In reality, the sent images are easily captured and stored which makes the images both transferable and long-lasting. Even the creators of Snapchat now acknowledge the flaws in their claims of ephemerality of the content. The harm of sexting occurs when the images are shared beyond two consenting adults. However, it is the sexting by minors that raises the biggest concerns. This is because the production, distribution and storage of sexually explicit images of minors are considered to be child pornography under Territory, State and Commonwealth laws. A recent Senate Select Committee report on Cyber Safety in Australia stated that: \u201cchild pornography is material that depicts a person under 18 engaged in a sexual pose or sexual activity, or that has as its dominant characteristic the depiction for a sexual purpose of a sexual organ of a person under 18, and which reasonable persons would regard as being, in all the circumstances, offensive\u201d. The offences in sections 474.19\u201320 of the Criminal Code in Australia carry maximum penalties of 15 years imprisonment.\u00a0<\/span><\/p>\n

In this context, there is a necessity to analyze whether the present Legislation addresses this issue.<\/p>\n

Is Sri Lankan Legislature Safeguarding The Victims Of Cyber Bullying And Sexting?\u00a0<\/strong><\/p>\n

While Penal Code tries to address the criminal offences committed within or outside of Sri Lanka, Child Protection Authority Act is formulating a national policy on the prevention of child abuse and the protection and treatment of children who are victims of such abuse; for the co-ordination and monitoring of action against all forms of child abuse; and for matters connected therewith or incidental thereto. Moreover, Domestic Violence Act No.34 of 2005, stands\u00a0to provide for the prevention of any act of domestic violence and for matters connected therewith or incidental thereto. Apart from that, Prohibition of Ragging and Other Forms of Violence in Educational Institutions Act, No. 20 of 1998, eliminates ragging and other forms of violence, and cruel, inhuman and degrading treatment, from educational institutions. All the above statutes protect the victims by <\/b>physical bullying and physical harassments of Sri Lankan Citizens.\u00a0<\/span><\/p>\n

Section 345 of the Penal Code of Sri Lanka could be used to address sexual harassment and the Section 372 Deals with Extortion and the Section 483, with Criminal Intimidation. Even though the penal code of Sri Lanka prohibits The said crimes, there is no legislature which comprehensively addresses \u201cbullying\u201d via Cyber Space\u00a0 <\/span>and thereby leaving citizens unprotected in Sri Lanka by CS\/CH.\u00a0<\/span><\/p>\n

Moreover, Obscene Publication Ordinance No.4 of 1927 against the publications of obscene and that doesn\u2019t seem to be protecting the publication of Obscene in the cyber space. In addition, sharing of edited intimated images without consent could be a punishable offence under the Section 2 of the said Ordinance.<\/p>\n

But It is mandatory to analyze whether the Computer Crimes Act No. 24 of 2007 which provide for the identification of computer crime which suggests penalties against the computer criminals. Does it adequately protect the victims from Cyber Bullying?<\/p>\n

It could be analyzed the Section \u201c6. (1)\u00a0 <\/span>of the Computer Crimes Act stating that \u201cAny person who intentionally causes a computer to perform any function, knowing or having reason to believe that such function will result in danger or imminent danger to public order\u201d is an offense but there is no proper definition\u00a0 <\/span>for \u201cpublic Order\u201d even in the Constitution of Sri Lanka. If there is a proper definition of the term \u201cpublic order\u201d the Computer Crimes Act could protect the victims against Cyber Bullying.<\/p>\n

Apart from that, Section 7 of the Computer Crimes Act makes it an offense for someone\u00a0 <\/span>to obtain unauthorized data from a computer or a storage medium and to exploit the same. But this section is not properly analyzed by legal academics and the judiciary to take actions against cyber bullying.<\/p>\n

As per the several definitions of Intellectuals in United Kingdom, Public order’ is \u201cessentially the absence of disorder \u2013 the quiet and orderly behavior of people in public space. It involves people behaving sensibly and rationally, and respecting others\u201d. The problem is that one person’s exuberance on the street often constitutes an annoyance to another. Then there are problems of nuisances in the form of obstructions on a street or a roadway, or dangerous dogs, possibly even a runaway horse. The old time parish constables had to present offenders before magistrates for ‘nuisance’ and they prosecuted people for riding horses, or driving carriages, carts and wagons dangerously. The new police continued these old practices, but given their numbers and their central direction they were able to enforce new levels of decorum on the streets and this, some historians have argued, became one of their key duties in the years following their creation.<\/p>\n

Contrastingly, the Public order Act 1986 in UK elaborating that riots, violent disorders, affray, fear or provocation of violence and\u00a0 <\/span>harassment alarm or distress\u00a0 <\/span>are the offenses violating the public order which is not properly defined in Legislations in Sri Lanka.<\/p>\n

It can be analyzed that, Cyber bullying being an act of creating a dis-order in public, it could be argued that Cyber Stalking and Cyber Harassment could be analyzed as a computer crime\u00a0 <\/span>as well. But unfortunately the Judiciary has not\u00a0 <\/span>given proper attention to make definitions to cyber bullying as a computer crime because there has not been cases made available to judiciary by the law enforcing agencies because the cases in similar attitude has been unnerved in to the re-cycle bin at the complaint stage it self. Therefore, victims of Cyber Bullying could not be protected under computer crimes act due to lack of knowledge and proper interpretations of the Law, even though acts of cyber bullying could be e protected under the Computer Crimes Act.<\/p>\n

It is unfortunate to state that, since legal academics are not involved to analyze the practical scenarios and the legal practitioners only deal with application of the Law will create a knowledge gap when hybridizing the academic-professional opinions with regard to these type of analysis of the Law.<\/p>\n

Approaches From Various Legislatures On Cyber Bullying, Cyber Stalking And Sexting<\/strong><\/p>\n

Considering the increased use and ubiquity of technological devices, it is clear that CS and CH require attention from the criminal justice system. In addressing these problems overseas legislators\u00a0 <\/span>such as US and UK, have generally taken one of two approaches. In USA, legislators opted to amend or modify extant statutes prohibiting harassment or stalking, by adding language specifying that contact initiated using the Internet or other digital device would also constitute harassment or stalking. Statutes utilizing this first approach, therefore, do not have statutes specifically titled CH or CS, though acts constituting CH or CS are prohibited.<\/p>\n

The second approach is to add new legislation explicitly defining and prohibiting CH or CS. In other countries like Singapore there are separate statutes defining traditional, in person forms of harassment\/stalking and CH\/CS. Due to the nature of CS and CH the perpetrator may or may not be physically present; rather, the Internet is the method of delivery of the crime.\u00a0<\/span><\/p>\n

Because of the recent addition of CH\/CS laws and the varying approaches, states have taken to address these crimes, there is currently no consensus on a universal definition of either CH or CS (Fukuchi, 2011; Goodno, 2007).\u00a0<\/span><\/p>\n

In my view, Cyber Harassment (CH) typically involves engaging in an act or behavior that torments, annoys, terrorizes, offends, or threatens an individual via email, instant messages, or other electronic means with the intention of harming that person even though\u00a0 <\/span>the\u00a0 <\/span>Article 11 of the Constitution of Sri Lanka states on Freedom from torture, for \u201c <\/b>No Person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment\u201d.<\/p>\n

It is contrastingly observed by Virginia statutes prohibiting, \u201cany person, with the intent to coerce, intimidate, or harass any person,\u201d from using \u201ca computer or computer network to communicate obscene, vulgar, profane, lewd, lascivious, or indecent language, or make any suggestion or proposal of an obscene nature, or threaten any illegal or immoral act\u201d (18.2-152.7: 1).\u00a0<\/span><\/p>\n

Alabama\u2019s statutes prohibit communication that, \u201cDirects abusive or obscene language or makes an obscene gesture towards another person\u201d (13A11-8). Gestures, which may be displayed online, via a webcam, or sent through a photo or video message to a cell phone, may include displaying the middle finger, unwelcome sexually provocative images, or making threatening signs such as slitting one\u2019s throat or pulling a trigger. Intimidating and harassing Language or Gestures can offend an individual and cause him\/her to experience Alarm\/Distress\/Fear.\u00a0<\/span><\/p>\n

Case Studies In USA vs. Sri Lanka\u00a0<\/strong><\/p>\n

Among the most famous cases of CH is the case of Missouri America, 13-year old Megan Meier in America, who committed suicide after being harassed on the internet. Megan met an individual who she believed was a male peer on MySpace, but the individual who Megan was actually corresponding with was the mother of a teenage girl living in Meier\u2019s neighborhood. This 49-year old mother, Lori Drew, wrote hateful messages to the teen including this message on the day that Meier killed herself: \u201cthe world would be a better place without you\u201d (Steinhauer, 2008).\u00a0<\/span><\/p>\n

One of my own clients, who is a well renowned businessman in Sri Lanka, is being harassed repetitively by one of his known persons every day by publishing defamatory videos from the you tube through the criminal\u2019s you tube channel and there is no action could be taken by the CID due to the lack of legislation in Sri Lanka. Yet, if we intelligently analyze the situation it is clearly explained how this kind of Act will amounts a cyber-crime in the following paragraphs. Therefore, specialist attention is needed by the Sri Lankan reporting authorities to analyze a computer crime.<\/p>\n

How Cyber Stalking Become A Crime?\u00a0<\/strong><\/p>\n

Harassing communications encompass all of the events of traditional harassment, but extends the crime into the use of electronic devices to communicate messages that cause a person to feel personally targeted for harm. For example, creating a Facebook account in someone else\u2019s name and using that profile to insult people would be a form of CH. Sending inappropriate text messages (e.g., of a disturbing or sexual nature) or creating a website that features photo-shopped images of an unknowing individual in sexual acts are additional examples of CH. If it was part of a pattern or series of such behavior, nearly any act of CH would constitute CS. Cyber Stalking (CS) In its most basic definition, CS entails \u201cthe repeated pursuit of an individual using electronic or Internet-capable devices\u201d (Reyns et al., 2012, p. 1). Repeated pursuits include any unwanted electronic communications, and may be threatening, coercive, or intimidating.\u00a0<\/span><\/p>\n

Ultimately, stalking is a crime that creates a sense of fear, terror, intimidation, stress or anxiety in the victim. Because of the repetitive nature of CS, the victim may lose a sense of control over his\/her own life, never knowing when the stalker may appear or contact the victim again. The fact that the stalker can access the victim at any time from any distance undermines the victim\u2019s sense of security and can lead to a constant experience of fear for the victim.\u00a0<\/span><\/p>\n

Suicide attempts demonstrate the serious harm that can be administered through forms of cyber communication. And although the mode of delivery is new, the underlying essence of the crimes of stalking and harassment remain visible in these types of cases.\u00a0<\/span><\/p>\n

Sri Lankan Legislation protects individuals from harassment by the Penal Code, Domestic Violence Act, Child Protection Authority Act etc. before the introduction of the Internet in to society but\u00a0 <\/span>Cyber Bullying is not properly addressed by the Sri Lankan legislature\u00a0<\/span>or\u00a0<\/span><\/b>any of these Acts including Computer Crimes Act.\u00a0<\/span><\/p>\n

Modes Of Cyber Bullying And As To Why It’s Difficult To Address The Problem?\u00a0<\/strong><\/p>\n

It is\u00a0 <\/span>identified that (1) a message communicated online can be sent to anyone with internet access, is present immediately, and cannot be taken back or deleted; (2) the stalker may be anywhere in the world; (3) the stalker can stay anonymous with ease because of the lack of physical contact involved in this crime; (4) the stalker may easily impersonate another person to communicate with the victim; and (5) the stalker may use third party individuals to contact or communicate with the victim. As\u00a0<\/span>per Sri Lankan Legislature, extra territorial nature of cyber bullying is a unique crime warranting unique laws.\u00a0<\/span>Therefore, it is more beneficial for Sri Lanka to create a new legislation rather than modifying previously existing legislations.\u00a0<\/span><\/p>\n

My primary argument is that the current state of legislation makes it to prove a case of CH and CS beyond a reasonable doubt. Therefore, the cyber forensic units should be well equipped and armed to combat the cyber warfare to prove the victims case beyond reasonable doubts to help hold perpetrators accountable for Cyber bullying.\u00a0<\/span><\/p>\n

How To Identify Cyber Stalking?<\/strong><\/p>\n

Legal academics and various cyber law statutes have diagnosed the elements of cyber bullying and cyber stalking as follows,<\/p>\n

<\/b>Ongoing threatening behavior\u00a0<\/span><\/b><\/em><\/p>\n

\u00a0<\/span>One text message or email may indicate a moment of poor judgment or a message sent to the wrong number, but a series of communication over a period of time suggests that the perpetrator is intentionally contacting a victim and each additional message received may increase the victim\u2019s perception that the act will be continued. Repeat Behavior is especially troubling when an individual has been asked to cease communication with the target of the stalking or harassment and refuses to do so. A state that contains the sub-theme Told to Stop refers to a victim expressing verbally or through other means (e.g., email, text message) his\/her wish for the perpetrator to discontinue contact. This behavior can be very disturbing to a victim.<\/p>\n

When someone is asked to discontinue threatening behavior and the offender continues to perform the act without regard for the victim it removes the victim\u2019s sense of control and promotes fear. Even though Penal Code addresses this as an issue an intimidation, Sri Lankan legislature does not address Cyber Stalking as an issue in any of its existing legislatures in the country. Therefore, immediate actions should be taken to implement a new act on cyber bullying if it is intended to provoke the victim into inappropriate, dangerous, or criminal behavior.\u00a0<\/span><\/p>\n

<\/b>Provocation of the victim<\/b><\/em><\/p>\n

If an offender can manipulate or provoke a victim into a physical confrontation or retaliatory act the offender is then in a position of power over the victim, as the original victim has now committed a crime against the original perpetrator. This type of behavior is also characteristic of one goal of stalking behavior: to predict and control the victim\u2019s behavior. In some statutes in the world, Extortion refers to an offender threatening or harassing someone for the purpose of financial or personal gain. In Oklahoma it is illegal, \u201cto defraud, deceive, extort\u2026\u201d for the purpose of controlling or obtaining money, property, services or other things. An offender cannot use fear and intimidation \u2013 typical tools of harassment \u2013 to extort money from a victim. The increased anonymity of the internet makes Extortion and other sub-themes of Intent increasingly relevant and difficult to police in Cyber- Bullying, compared to in-person harassment and stalking.\u00a0<\/span><\/p>\n

Difficulties Encountered By Police To Trace The Criminal\u00a0<\/strong><\/p>\n

Three dimensions\u00a0 <\/span>have been observed by the\u00a0<\/span>researchers when a cyber bullying case is taken place.<\/b><\/p>\n

<\/b>Anonymity<\/b><\/em><\/p>\n

Anonymity The fact that an individual can purchase a temporary cell phone which does not require a registered name or can create social networking accounts using pseudonyms is a serious concern for legislators, law enforcement, and prosecutors when attempting to deter and respond to CH\/CS. It makes the perpetrator more difficult to identify and track, and can also exacerbate the fear and apprehension felt by the victim, who may not know who is harassing\/stalking him\/her.\u00a0<\/span><\/p>\n

The use of the internet to target someone for harassment may be especially disturbing when done anonymously because it is unclear who the victim can and cannot trust, or where the stalker may be lurking. In addition, when a stalker shields his\/her identity it makes it more difficult for law enforcement to investigate, and for prosecutors to prosecute the crime. Another method of hiding one\u2019s identity is to enlist the help of a Third Party person to deliver a message to the victim on behalf of the harasser or stalker. These problems should be addressed by the legislature of Sri Lanka.<\/p>\n

As per the information gained by the Sri Lankan law Enforcing agency, the CID, even though the Infra-structure facilities are available for cyber forensics and investigations, theyn are helpless in taking action against cyber bullying since there is no proper piece of legislation to enforce the law. But presently CID institute actions against harassment against women and children under the provisions of the penal code but the cyber bullying on males is unlikely to be enforced due to lack of provisions in the Criminal Law. Therefore, quick attention is needed by the law making authorities against cyber bullying. Several issues have been arisen due to cyber bullying on both victims as well as third parties.<\/b><\/p>\n

<\/b>Innocent third parties will be a bait<\/b><\/em><\/p>\n

There are various ways in which using a Third Party can constitute harassment. For example, \u201cCommunicating with the other person through a third party\u2026 Communicating with a third person who has some relationship to the other person with the intent of affecting the third person\u2019s relationship with the other person\u2026 Delivering directly or through a third person any object\u2026\u201d The offender may be using an innocent Third Party who does not realize that the message they are delivering is inappropriate or prohibited, but by employing this person the offender can attempt to circumvent a protective order or maintain Anonymity which make reference to Third Party acts. There are also situations in which a Third Party may be a knowing participant in the harassment, and in these cases the Third Party may be held criminally responsible along with the primary perpetrator. When an individual allows their phone, tablet, laptop, or other device to be used for the commission of CH\/CS, they are abetting the crime as per many other legislations in the world.\u00a0 <\/span>Penal Code of Sri Lanka treats the Abet as a crime,but there is no such specification for CH\/CS in Sri Lankan statutes.<\/p>\n

Communicating anonymously or through another person or another person\u2019s device is related to the prior theme of Intent because the desire to remain unidentified may indicate that the perpetrator knows that what he\/she is doing is wrong and does not want to be<\/p>\n

However, the theme of Anonymity also relates to the next primary theme to be discussed because it promotes a sense of fear and anxiety in the victim.\u00a0<\/span><\/p>\n

Alarm fear or distress in the victim<\/b><\/em><\/p>\n

Alarm\/Distress\/Fear The very nature of stalking or harassing an individual is that the victim experiences Alarm\/Distress\/Fear as a result of the stalking behavior. Coupled with the perpetrators mal Intent, the presence of an action that produces Alarm\/Distress\/Fear in a victim is evidence of harassment or stalking in most Countries. When these acts are communicated on an electronic device, they constitute a cyber-bullying or Cyber Stalking. When the Sri Lankan Law is comparatively analyzed with the US, several gaps have been come out of the box.<\/p>\n

Do Reporting Mechanisms Effectively Safeguard Victims?\u00a0<\/strong><\/p>\n

The CID Computer Crimes Division<\/b><\/em><\/p>\n

\u00a0<\/b>The CID typically dealt with computer crimes which fall under the Computer Crimes Act and Penal Code. Unfortunately the crimes of this nature is not entertained due to the unavailability of a proper statute in Sri Lanka and proper analysis of the existing statutes seem to be limited for the CID to take actions under an existing Law. Moreover,\u00a0 <\/span>the reporting system is too long, the length of time they take to make a complaint\u00a0 <\/span>has become another obstacle. For those living in rural areas, traveling to the Cyber Crimes Division to report a complaint poses a further practical issue faced by victims of cyber bullying, will further victimized by the long procedures.<\/p>\n

Sri Lanka CERT\u00a0<\/span><\/b><\/em><\/p>\n

Sri Lanka\u2019s Computer Emergency Readiness Team (CERT)\u00a0 <\/span>says that, it is set up in collaboration with ICTA as a resource organization to respond to cyber-attacks. However, they do respond to complaints of cyber-violence, particularly if the incidents taken place in Facebook. Once\u00a0 <\/span>The victim shall in Their first response is to tell the person involved to report the Facebook page. If the page is not taken down by Facebook and the harassment continues, CERT requests that they write into\u00a0report@cert.gov.lk<\/a>, whereupon CERT can contact Facebook on the victim\u2019s behalf to have the content removed. This practice will further penalize the victim by re-opening an anonymous face book page by the Cyber Criminal. Therefore proper cyber forensic mechanisms and procedures are needed to recover this problem and penalize the cyber criminals because the cyber-crime is cross border. Therefore, it could be concluded in the following manner along with several suggestions.<\/p>\n

Face Book<\/em><\/strong><\/p>\n

As at the\u00a0 <\/span>\u201c National Public Private Dialog on e- commerce Platform Policy Regulatory Issues\u201d\u00a0 <\/span>which was held on the 2\/4\/2019, the Officials of the Face book said that strict actions are established to take down the un ethical and illegal content\u00a0 <\/span>of cyber beliers in the face book and strict policies and regulations are maintained to safe guard the victims by Blocking the person who are involved in bullying. This will prevent the cyber criminals from being able to see and interact with the victim on\u00a0Facebook. They won’t be able to see the victims\u00a0Facebook\u00a0page or send you messages. You won’t be able to see theirs either. Report the bullying on\u00a0Facebook\u2013 you can report the person or anything harassing they post.<\/p>\n

YouTube<\/em><\/strong><\/p>\n

Anyone who is being harassed can report users, inappropriate background images, or inappropriate profile avatars using the reporting flow located on the bottom of every You Tube channel.<\/b><\/p>\n

Conclusion And Suggestions\u00a0<\/strong><\/p>\n

When used properly, new technologies, social networking sites, and electronic devices are beneficial tools. However, in the hands of a potential criminal, these tools can be used to exploit and cause harm. It is suggested that some states have recognized the impact of technology on social interaction throughout their states and made efforts to update legislation to protect its citizens. Even though some social media implement various regulatory concerns against the Cyber Criminals, Sri Lanka still has substantial gaps in the creation and implementation of the scattered legislation that fills the cracks created by the incorporation of the Internet into everyday life. There are obvious hardships associated with investigating and prosecuting CS and CH. There is also a need for well-written legislation that details the protections, punishments and penalties for CS and CH in the Sri Lanka. Lack of adequate legal protections and lack of knowledge and interpretations may unintentionally help a Cyber Criminal\u00a0 <\/span>to trap a victim in a state of terror, to cause a victim to feel defenseless, and to cause a victim to be threatened or in danger, while at the same time empowering the offender. Lack of proper protection may also lead citizens to retaliate through vigilant justice. It is clear that CS and CH laws have not developed substantially in Sri Lanka. Given the severity of these crimes and the potential for CH\/CS to escalate into damaging or even fatal situations, this article suggests that CS and CH legislation in Sri Lanka is indeed a\u00a0 <\/span>need of a review that incorporates protection from the harm that technology can have when used by a perpetrator unconstrained by physical boundaries.<\/p>\n

*Aparrajitha Ariyadasa –\u00a0(LLM\u00a0\u00a0in Commercial Law (Colombo), Post. Grad. Dip.in. IP Law (Wales)B.Sc (J.pura), B.Sc. (OUSL),\u00a0Legal Consultant, Senior\u00a0 Lecturer in Commercial Law, International Commercial Arbitration, Cyber Law, International Human Resources Management, Company Law, Criminal Law ( NSBM, ICBT, SLIIT, ,Plymouth (UK), Cardirff Metropolitan University (UK)\u00a0Attorney-at-Law, Senior Counsel, Arbitrator & Senior Partner\u00a0<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

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