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The Digital Shadow Of Prejudice In The Form Of Racial Discrimination In Cyberspace: The Lack Of Accountability Due To The Lack Of Explicit Anti-Discrimination Laws




V. Shruthi & P. Ruban Paul, School of Excellence in Law, The Tamilnadu Dr. Ambedkar Law University, Chennai


ABSTRACT


This article investigates the complex subject of racial discrimination in the digital realm, characterising it as "cyber racism" and analysing its diverse forms and expressions. Racism is the idea that one race is better than others and which leads to unfair treatment, prejudice and discrimination based on race or ethnicity. This behaviour has moved into the digital world, where it spreads through memes, GIFs, pictures and videos on social media. The paper talks on four main types of racism: internalised racism, interpersonal racism, institutionalised racism and structural racism. It gives definitions and examples for each type.


Then it talks about many types of cyber racism, such as hate speech, racial stereotyping, cyberbullying, online exclusion, doxing, digital blackface and algorithmic bias. To show these problems in real life, the article talks about a few case studies, like the racist abuse of chess player D. Gukesh and Black football players. The paper also talks about the Indian legal system and international treaties that deal with racial discrimination. It focusses on important parts of the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR) and the Indian Constitution. It ends by talking about new laws in India, such the Bharatiya Nyaya Sanhita (BNS) and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which are meant to fight online discrimination. There are always problems to solve, especially when it comes to finding the right balance between free expression and user privacy. However, these legal steps forward are a big step forward in the battle against digital racial discrimination, showing a strong commitment to fairness and justice online.


Keywords: Racism, Cyber racism, Laws, Policies, Discrimination



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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