CYBERSTALKING AND ONLINE HARASSMENT: A REVIEW OF CRIMINAL LAWS, ENFORCEMENT CHALLENGES, AND LEGAL REFORMS

Abstract

Social media, messaging apps, online communities, and digitally-mediated communication have led to an explosion of opportunities for interpersonal interaction, yet at the same time, they have also allowed for continued instances of interpersonal abuse, such as cyberstalking and online harassment. Online harassment is defined as a wider variety of abusive online behaviours and cyberstalking is defined as repeated or intrusive digital behaviour that includes unwanted communication, online monitoring and surveillance, impersonation, threats, and the sharing of harmful information. While some countries have enacted criminal definitions of stalking, harassment, threats, privacy invasion and technology-facilitated abuse, there are significant challenges in defining offences, ascribing behaviours to offenders, securing the preservation of digital evidence, cross-border offences, and balancing victim protection with freedom of expression. This review considers the evolution of the concept of cyberstalking and online harassment, their primary forms, comparative U.S., U.K., European Union, Australian and Pakistani approaches to criminalizing these offences, and key challenges to enforcement. Special focus is placed on anonymity, jurisdiction, evidence in digital form, platform liability, under-reporting of victims and the new technologies that are fast developing, such as artificial intelligence and deep fake technology. The review contends that new offences are not enough to make an effective response. Criminal laws should be technology neutral and should include specific investigations powers, effective processes for handling digital evidence, international cooperation, victim-focused reporting processes, platform accountability, and protection for legitimate expression. There has been a recent shift to a wider institutional responsibility as reflected in the European Union Digital Services Act, the United Kingdom Online Safety Act, the amended Prevention of Electronic Crimes Act in Pakistan, and various new international laws. Legal changes in the future should therefore follow a rights-based, technology neutral and victim-centred approach, with a coordinated approach.