Criminalisation Of Online Harassment And Doxxing: Need For A New Legal Framework
Nagaraja M, SRM Institution of Science and Technology
ABSTRACT
The rise of digital platforms has turned online harassment, and doxxing in particular (the malicious publication of a person’s private or identifying information without consent), into a serious threat to privacy, dignity and personal safety. Its victims are often women, journalists, activists and members of marginalised groups, who endure stalking, threats, reputational damage, loss of livelihood and psychological harm, with consequences that frequently spill into the physical world. Indian law offers no direct response to this conduct: remedies are scattered across the Bharatiya Nyaya Sanhita, 2023 (its provisions on stalking, criminal intimidation, defamation and insulting the modesty of a woman), the Information Technology Act, 2000, and the Digital Personal Data Protection Act, 2023, yet none of these defines or penalises doxxing as a distinct offence. These provisions are also poorly suited to anonymous and cross-border perpetrators, coordinated group attacks, the speed at which harmful content spreads, and the burden placed on victims who must pursue takedowns from platforms. This paper critically examines the existing framework and the judicial response to online harassment, exploring the conceptual and constitutional tensions between the right to privacy under Article 21 and freedom of speech under Article 19(1)(a). It also compares approaches in the United Kingdom, the United States, Australia and Singapore, several of which have enacted specific harassment or doxxing provisions, and argues that India’s current patchwork leaves significant gaps in definition, enforcement and victim protection.
