I. INTRODUCTION

Cyberspace is often described as an imaginary area of the internet where people can interact, gather information, do business, offer services, etc.[1] It has limitless possibilities for innovation. The growth of technology has created a different space apart from the real world. This new world of cyberspace creates new opportunities and new challenges. Cyberspace like the real world involves people from different backgrounds, age groups, social strata, genders, etc. It is clear when there are people involved there are chances of conflict also.

This conflict may be related to different social realities, every time a public opinion on cyberspace is made it offers opposite views to counter those opinions. These opinions may be related to politics, sports, entertainment, educational theories, etc. In this age, information spreads like fire supported by petroleum fuels. Anything that gauges attention instantly goes viral. Big tech companies like Meta, Instagram, ‘X’ formerly Twitter, Snapchat take advantage of this attention of people by showing interesting content based on their viewing choices and generate their revenue by showing advertisements catered to each individual.

Now, if we talk about the audience’s spending time in cyberspace, the children made significant contribution after COVID-19 impact on society, when all schools were shut down. Online learning took a massive rise.[2] When everyone was sitting at home, the average screen time had also taken a steep rise. Online gaming was a major source of time pass during the COVID period.[3] With growth of Jio in India, the fast and cheap internet was available to the majority of Indians.[4]

India has 2^nd largest numbers of internet users. However, the internet is accessible only to the privileged section. Many children belonging to poor families still do not have internet access. However, in this paper, we will focus on the impact of cyberspace on children that have access to the internet and its imminent dangers to their growth and development. It becomes essential for the government to create a safe cyberspace so that children can access the most without getting mentally affected.

Various kinds of threats can arise in the case of children in cyberspace. The cyberspaces pose threats of cyberbullying, sexual exploitation, sensitive content that may affect children’s mental state, child pornography, sexting, deep fakes, violation of privacy, etc. Each of these and an uncountable number of threats coming from online sources disturbs the future of society. These threats can have a deep mental effect that can leave a mental scar for the rest of your life. Therefore, it becomes important to ensure the protection of children in cyberspace.

There are many ways to ensure this, however, in this paper, we will deal with legal aspects of ensuring the online safety of children. The way Indian law and international law can counter the challenges posed by cyberspace to the children. In the first part of this paper, we will deal with the threats and issues involved with children in cyberspace. Secondly, we will deal with Indian legal provisions countering cyberspace challenges. Thirdly, we will deal with international aspects and lastly, we will conclude by giving analysis and suggestions for improvement in current law if any.

II. THREATS AND ISSUES TO CHILDREN IN CYBERSPACE

i. Cyberbullying

The connectivity provided through the internet establishes a relationship between different individuals, groups, communities, etc, what we can term online relationships. These relationships vary from strangers, friends, family members, professionals, teachers etc. One of the most formidable groups is bullies. They are everywhere and they have not left cyberspace. With the growth of cyberspace, bullies find a way to take out their frustration and anger on the internet. The Internet being free of any restraint and real-world consequences, bullies find a way to dump their negativity on the Internet.[5]

Everywhere you go you will encounter such people who are just abusing others for no reason. Sometime people find it interesting and fun to harass someone. On social media platforms such as YouTube, it is easily visible that roasting is one of the most popular genres. People enjoy this kind of content where the other person is badly abused, and the character of the person is severely assassinated.[6] It is normalized by stating that it is a form of art, as it is used to make people laugh. However, this kind of content motivates the young minds to learn and repeat this kind of behavior.

Many kids learning from their favorite YouTubers find it cool to harass someone in real life. Cyberbullying being an umbrella term it can further be categorized into several kinds such as internet Trolling, online defaming, boycotting on social media platforms, using means provided by social media to harass someone, gaming communications etc. The list is endless, cyberbullying can come in any form.

Now, when we are talking about children, their brains are not fully developed, and this kind of behavior impacts the minds of young people negatively. A report shows that India has the highest number of bullies. According to global data on cyberbullying, Indian children are prone to cyberbullying as data shows that 37% of children in India have faced cyberbullying for at least one time.[7] According to report by Unicef, one in seven Indians between 15-24 years of age feels depressed.[8] Not every case is from cyberbullying but there is a significant contribution of cyberbullying that will be discussed in later part.

ii. Child pornography

Child pornography is another challenge in cyberspace. The children are an easy target of human traffickers for their sexual exploitation. Many individuals are pedophiles i.e., they want to have sexual intercourse with a child. Many people have a sexual fantasy of having intercourse with a child and this fantasy is fulfilled by the porn industry which promotes child content. Often, they are lured to do such activities in the guise of trusted relationships. The individual that involves a child in such kind of relationship can nowadays connect through online social media platforms.

It also threatens that the discovery of such incidents can be protected from the reach of legal authorities as children can be easily persuaded by a criminal.[9] Now, if we talk about the Indian context Child pornography is a punishable offence covered under sec. 67-B of Information Technology Act, 2000.[10] Recently, Madras HC has held that merely watching child pornography is not an offence under the POCSO Act or section 67B of the IT Act.[11] To attract these provisions the person should use child or children for pornographic purposes. Hence, this meaning that the producer of the pornographic content would be liable.

iii. Sensitive content

Viewer restrictions are always advisable for showcasing any content that could affect children’s mental state. However, if we look at cyberspace, faking age is not a big task. A child can show himself at 18 years of age even if he is 10 years old, making him vulnerable to consuming adult content from childhood. The situation of children deteriorates when they start to act or behave like the content they consume. It is very common for children to imitate the act they have watched somewhere on the internet.[12]

The psyche of an individual changes with the quality of the content they watch. It is found that many people are suffering from anxiety, depression, and several other mental issues just because they spend the majority of their time-consuming content from social media. There is irreparable damage done if children are allowed to watch the sensitive content regularly. If the children are consuming porn videos from an early age, they are deemed to develop a misogynistic tendency.[13] As young minds learn very fast, they must not be shown any sensitive content at a young age.

iv. Violation of privacy

Maintenance of privacy is as important for children as it is for adults, the children should also have a private life. However, parental controls are always advisable when children have internet access. Many platforms such as YouTube and Netflix provide separate sections for kids to show them content that is advisable to watch at a young age. Privacy for children and adults are two different things, we know that an adult mind is mature enough and cannot be manipulated easily so for them privacy can be more extensive than for children.

When children are not guided by their parents, they become a vulnerable target for the exploiters who can use them for their selfish motives. We know in today’s era, connecting over the internet is so easy. A person can come into children’s private life and influence them to act according to their whims and fancies. Children are vulnerable targets when they play online multiplayer games where they can connect with different individuals of different age groups. A Computer game called ‘Valorant’ is an online shooting game, the Indian server namely ‘Mumbai Server’ is rated as the most toxic server as people use abusive language over there.[14] Further, more will be discussed in the upcoming section.

v. Social media and gaming exploitation

Social media and online gaming are the cyberspace where we can find a majority of children today. Kids are addicted to mobile phones. A pan-India survey of 6,229 parents of schoolchildren, aged 6–16, in rural communities across 21 States revealed more kids used smartphones for entertainment rather than for studying.[15] The access of smartphones among students is 49.7% out of which only 34% use them for studies.

Many children use smartphones to access social media websites and gaming. Both these platforms are a great source of entertainment, and they are very rewarding for the brain in terms of hormones. Valorant as mentioned earlier is one of the most famous pc games in India and it is played by many young age individuals, the servers being very toxic, it is harmful for young minds. Many people breakdown by the criticism in the game and feel depressed in real life. It was also shown by a study report that video games are associated with cause of depression in youth.[16]

vi. Children in depression

In this online age, we are witnessing depression and anxiety issues from a very young age. Social media platforms and gaming platforms create scarcity in the lives of children. When they see other people, they start comparing with them, which takes away their happiness. Children do not go outside to play sports, which is affecting their physical health as well as mental health. Spending a lot of time on screen has serious consequences on mental health, the eyesight is constantly becoming bad. More kids are having myopic eyes due to elongated screen times.

According to a national survey conducted on children between ages group between 9 to 17 shows that 60% of children spend more than 3 hours a day on screens.[17] In such a scenario, the regulation by the government is secondary, the primary role is of the parents to ensure that there is a balance in use of mobile phones by the children. If parents are too strict, then children can miss out on important developments in the technological world which would put them in a disadvantageous situation.

Similarly, if they are too lenient with their children, then children might develop unhealth habits. So, it all comes down to parenting at this point. The only thing the government can do is to ensure that children on the web are not exploited randomly is to ensure social media algorithms do not pitch mature content to kids.

The way we mentioned earlier is the association of gaming with depression. The major cause of depression can be breakdown to addiction and in game toxicity. Like any addiction, gaming addiction is also bad, it cuts off ties with real society and a person seeks fun in an unreal world. Children often forget to do their important work when they are addicted to gaming. If young minds are addicted to something from a young age, then it has a lifelong effect on their personality, behavior and overall holistic development.

III. LEGAL PROTECTION OF CHILDREN IN CYBERSPACE

In this section, we will analyze Indian laws protecting children in cyberspace. There are three major laws passed by parliament which can be referred to and analyzed here. These are the IPC[18] and Bhartiya Nyaya Sanhita[19] (The new code replacing IPC), POCSO Act, 2012,[20] IT Act, 2000[21] and Immoral Traffic Prevention Act (ITPA), 1956.[22] IPC is a general penal code covering all the offences, the POCSO Act being the specialized Act about children and the IT Act being a specialized Act for cyberspace. We will look at every provision pertaining to the security of children in these Acts.

i. IPC and BNS

Firstly, we will begin by addressing the provisions of IPC, 1860 and BNS, 2023. As both are the same only the sections are different, we will not reiterate for brevity. The mention of both laws is just for study of changes if any. Now, the provision of IPC that deals with cyber bullying and cyber stalking can be found under section 354A[23] and 354D[24] of IPC. The relative provision in BNS is given under Section 75[25] and Section 78.[26]

Section 354A of the Indian Penal Code (IPC) and Section 75 of the Bharitya Nyaya Sanhita (BNS) are identical, addressing the offense of sexual harassment. The provision outlines act such as unwelcome physical contact, demands for sexual favors, showing pornography against a woman’s will, and making sexually colored remarks. The punishment for offenses (i) to (iii) is rigorous imprisonment for up to three years, or a fine, or both, while offense (iv) is punishable with imprisonment up to one year, or a fine, or both. However, this provision is gendered, requiring interpretation for its application to male children and may be covered by the POCSO Act. The absence of gender neutrality in such offenses is noted.

Similarly, Section 354-D of the IPC and Section 78 of the BNS are analogous, addressing stalking as an offense. The law applies to both physical and online stalking, with imprisonment up to three years and a fine for the first offense, and up to five years for subsequent convictions. These provisions focus on protecting girls in cyberspace, leaving a gap in addressing similar offenses against male children. Additionally, IPC Sections 503, 506, and 507 can be employed to tackle cyberbullying. The summary underscores the need for gender-neutral legislation to cover offenses against both male and female children.

Under the Indian Penal Code (IPC), child pornography falls under sections 292[27] and 354-C.[28] Section 292 pertains to the sale of obscene materials and imposes a two-year imprisonment for the first conviction and five years for the second, along with a fine. Section 293 addresses the sale of obscene materials to individuals under 20, prescribing a three-year imprisonment and a fine for the first conviction, and seven years with a higher fine for subsequent convictions.

The Protection of Children from Sexual Offences Act (BNS) introduces section 295, specifically addressing the sale, distribution, or exhibition of obscene material to children. It imposes a two-year imprisonment and a fine for the first conviction, and seven years with an increased fine for subsequent convictions. The key change in BNS is the use of the term “child” instead of “young people” as seen in IPC section 293,[29] with other provisions remaining similar.

Now, we will discuss the offence of voyeurism which is provided under section 354 C of IPC.[30] This provision provide punishment for any person who watches or capture image of woman engaging in a private act where she was not expecting any observation from any perpetrator. Private act include every act which is reasonably expected to under privacy. The exact provision of voyeurism is provided under section 77 of BNS. The punishment is three years with fine for first conviction and seven years with fine for second or subsequent conviction.

ii. POCSO Act

Section 11, 13, 14, and 15 of the POCSO Act are useful for protecting children in cyberspace. Section 11 provides punishment for sexual harassment with the children.[31] It covers every aspect that is left by sec. 354A and 354D of IPC as it is specifically for children. Thereafter, sections 13, 14, and 15 covers the use of children for pornographic purposes.  Section 14 provides punishment for using children for pornographic purposes.[32] It prescribes a minimum of five years with fine for the first conviction and for the second or subsequent conviction, a minimum of seven years with fine.

Section 15 provides punishment for the storage of pornographic material involving children.[33] Three purposes were identified in this section. The first is a person is unable to delete or report to the authority, in this case, the person will only be liable for a minimum fine of five thousand rupees on first conviction and ten thousand rupees minimum on the second or subsequent conviction.

Second is if he stores it for transmission purposes, then he shall be punished with imprisonment which can be extended to three years, or with fine, or both. The third case is if a person uses it for commercial purpose then he will be liable for punishment which may be extend to five years and seven years in case of second or subsequent conviction.

iii. IT Act, 2000

Section 66E, 67, 67A and 67B covers the protection of children in cyberspace. Section 66E deals with the punishment for violation of privacy.[34] It prescribes punishment with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both. Further, section 67 prescribes punishment for publishing or transmitting obscene material in electronic form.[35] The punishment under this provision is imprisonment which may extend to three years and with fine which may extend to five lakh rupees and in second and subsequent conviction with imprisonment of either description for a term which may extend to five years.

Section 67A[36] and 67B[37] provides harsher punishment for involvement of children in sexually explicit act.

iv. Immoral Traffic Prevention Act (ITPA), 1956

Section 5 of ITPA, 1956 provides punishment for procuring, inducing or taking person for the sake of prostitution.[38] The punishment for trafficking any person is for a term of seven years shall extend to imprisonment for a term of fourteen years. In case if the person is child, the punishment may extend to life and in case of minor, the maximum punishment is imprisonment for a term of fourteen years.

IV.  INTERNATIONAL PROVISIONS FOR PROTECTION OF CHILD IN CYBERSPACE

UNICEF plays an important role in protecting children online. It maintains the record of all potential risks and tries to curb the problem. It conducts regular research on the condition of children and provides measures to improve them. In a July 2022 report, it highlighted the impact of cyber warfare on children, emphasizing the risks they face from recruitment by the terrorist groups, cyberattack on critical sectors like healthcare, and the need for cybersecurity measures to protect them. It highlighted the importance of international law in addressing cyber threats and protecting children’s rights in the digital realm, stressing the necessity of safeguarding children from cyber harms and promoting their well-being amidst evolving cyber threats.[39]

To ensure child safety in the digital space, international safeguards have been proposed and implemented. These include:

1. Developing Guidance and Transparency: Organizations working with children should develop guidance on protecting children from the harmful impact of cyberconflicts. States should commit to more transparency regarding the legal status of military and security activities in cyberspace.
2. Incorporating Child Protection Measures: Governments should include measures to protect children during cyber operations in military doctrine, rules of engagement, policies, and standard operating procedures.  Non-state actors should also include equivalent measures in their internal regulations, guidance, and training.
3. Strengthening Monitoring and Investigation: Monitoring and investigating the impact of offensive cyber operations on children can improve understanding of risks and increase compliance with norms and accountability under international law. This includes developing methodologies for monitoring attacks and building investigative capacity to document violations against children during cyberconflict.
4. Adapting International Law: International law, particularly the UN Convention on the Rights of the Child, can be used to protect children from the harmful impact of offensive cyber operations. Efforts should focus on how to apply international human rights law and humanitarian law to protect children during cyberconflicts.
5. Engaging in Normative Policy Development: Member States and experts should consider how international frameworks like the CRC, IHRL, and IHL can be applied to protect children during cyberconflicts. This includes participating in global and regional discussions on normative policy to ensure compliance with norms and accountability for threats to children.
6. Collaborating with Private Sector: Private sector actors need to collaborate on concrete actions to protect children’s rights at risk of violations in cyberconflict. This collaboration includes developing child rights due diligence frameworks and impact assessments to mitigate potential misuses of technology during the technological life cycle. These international safeguards aim to address the challenges children face in the digital space and ensure their safety and well-being during cyberconflicts.

V.  CONCLUSION AND SUGGESTIONS

We have examined the laws protecting children in cyberspace and came to a conclusion that there are sufficient laws for punishing a person who commits an offence against children. However, the problem is there is no law assessing the impact of harm done on children and recovery from that stage. Also, there should be preventive measures to stop child abuse online.

However, we find no provision that prevents the occurring of offence against children. There is sec. 19 of the POCSO Act which says any apprehension should be reported. However, the issue with the online environment is the inner impact cannot be seen from outside. As children operating their online environment may hide it from their external atmosphere. The serious consequences of depression as pointed out earlier among children become prudent. Many children facing cyberbullying do not report to their parents in the fear that they might stop their internet usage.

Therefore, it is necessary to pass some laws which can prevent the occurrence of the event itself. The children when they face issues of depression cannot recognize and take action against it. In the cyber world, an expectation of a clean environment is not possible as criminals also surf the web and find their target online. Government and international policy need to operate at ground root level. CBSE has taken a good step to ensure that they should educate their students about cyber security threats. Similarly, parents should be trained to handle children from the consequences of cyberspace without intervening in their development aspects.

---

[1] Cambridge dictionary, https://dictionary.cambridge.org/dictionary/english/cyberspace (last visited 12th Feb 2024).

[2] World Economic Forum, https://www.weforum.org/agenda/2020/04/coronavirus-education-global-covid19-online-digital-learning/ (last visited 12^th Feb, 2024).

[3] Jin Yang et al., Gaming during the COVID-19 Pandemic, Science Direct 1, 4-6, https://www.sciencedirect.com/science/article/pii/S2772503023000531

[4] Niharika Sharma, Reliance Jio’s cheap data turned India’s internet dreams into reality, Quartz (Sep. 7, 2021), https://qz.com/india/2055771/reliance-jios-cheap-data-turned-indias-internet-dreams-into-reality.

[5] Dr. Aditi Vats, The Growing Threat of Cyberbullying in India, 11 IJERED 85, 86-90 (2023).

[6] Id. at 89.

[7] Sam Cook, Cyberbullying facts and statistics for 2018-24, Comparitech (Jan. 10, 2024), https://www.comparitech.com/internet-providers/cyberbullying-statistics/.

[8] Unicef, https://www.unicef.org/india/press-releases/unicef-report-spotlights-mental-health-impact-covid-19-children-and-young-people#:~:text=The%20survey%20findings%2C%20which%20are,little%20interest%20in%20doing%20things. (last visited Feb. 12, 2024).

[9] Alin Teodorun Dragan, Child Pornography and Child Abuse in Cyberspace JLS 52, 52-53 (2018).

[10] The Information Technology Act, 2000, § 67B, No. 21, Acts of Parliament, 2000.

[11] S Harish v. Inspector of Police and Another, Crl. O.P. No. 37 of 2024 (Mad).

[12]Jacob foundation, https://jacobsfoundation.org/why-imitation-in-early-childhood-is-crucial/ (last visited 12^th Feb, 2024).

[13] Natash Burton, Cosmopolitan, https://www.cosmopolitan.com/sex-love/news/a15535/porn-and-sexism/ (last visited 12^th Feb, 2024).

[14] Suryadeep Sen Gupta, Sportskeeda, https://www.sportskeeda.com/valorant/valorant-player-opens-in-game-toxicity-mumbai-india-server (last visited 12th Feb, 2024).

[15] The Hindu, https://www.thehindu.com/news/national/more-students-using-smartphones-for-entertainment-than-study-survey/article67173226.ece#:~:text=The%20survey%20revealed%20that%2049.3,number%20use%20them%20for%20studies&text=A%20pan%2DIndia%20survey%20of,entertainment%20rather%20than%20for%20studying. (last visited 12^th Feb, 2024).

[16] Douglas A. Gentile, American Academy of Pediatrics, https://publications.aap.org/pediatrics/article-abstract/127/2/e319/65247/Pathological-Video-Game-Use-Among-Youths-A-Two?redirectedFrom=fulltext (last visited 13^th Feb, 2024).

[17] The Times of India, https://timesofindia.indiatimes.com/city/mumbai/60-children-spend-3-hours-a-day-on-social-media-study/articleshow/103878956.cms (last visited 12th Feb, 2024).

[18] The Indian Penal Code, 1860, No. 45, Acts of Parliament, 1860.

[19] The Bharitya Nyaya Sanhita, 2023, No. 45, Acts of Parliament, 2023.

[20] The POCSO Act, 2012, No. 32, Acts of Parliament, 2012.

[21] The Information Technology Act, 2000, No. 21, Acts of Parliament, 2000.

[22] The IMTP Act, 1956, No. 104, Acts of Parliament, 1956.

[23] The Indian Penal Code, 1860, §354A, No. 45, Acts of Parliament, 1860.

[24] The Indian Penal Code, 1860, §354D, No. 45, Acts of Parliament, 1860.

[25] The Bharitya Nyaya Sanhita, 2023, §75, No. 45, Acts of Parliament, 2023.

[26] The Bharitya Nyaya Sanhita, 2023, §78, No. 45, Acts of Parliament, 2023.

[27] The Indian Penal Code, 1860, §292, No. 45, Acts of Parliament, 1860.

[28] The Indian Penal Code, 1860, §354C, No. 45, Acts of Parliament, 1860.

[29] The Bharitya Nyaya Sanhita, 2023, §293, No. 45, Acts of Parliament, 2023.

[30] The Indian Penal Code, 1860, §354C, No. 45, Acts of Parliament, 1860.

[31] The POCSO Act, 2012, §11, No. 32, Acts of Parliament, 2012.

[32] The POCSO Act, 2012, §14, No. 32, Acts of Parliament, 2012.

[33] The POCSO Act, 2012, §15, No. 32, Acts of Parliament, 2012.

[34] The Information Technology Act, 2000, § 66E, No. 21, Acts of Parliament, 2000.

[35] The Information Technology Act, 2000, § 67, No. 21, Acts of Parliament, 2000.

[36] The Information Technology Act, 2000, § 67A, No. 21, Acts of Parliament, 2000.

[37] The Information Technology Act, 2000, § 67B, No. 21, Acts of Parliament, 2000.

[38] The IMTP Act, 1956, §5, No. 104, Acts of Parliament, 1956.

[39] Eleonore Pauwels, Protecting Children in Cyberconflicts, UNICEF (July 2022), https://www.unicef.org/globalinsight/media/2856/file/UNICEF-Global-Insight-Rapid-Analysis-Protecting-Children-in-Cyberconflicts-2022.pdf.