Cyberstalking of Women on Social Media: A Social Legal Analysis in the Age of AI and New Digital Platforms

AbstractThe emergence of online communication technologies has transformed global communication; however, it has also contributed to a surge in online gender-based violence (GBV) for women in India through cyberstalking. The advent of Artificial Intelligence technologies, including deepfakes, automated bots and voice-mimicking technology, has exacerbated this problem by enabling anonymous perpetration and facilitating the dissemination of false information. The emergence of this technology has created the potential for shielded perpetration of harmful behaviours, such as AI-assisted defamation, non-consensual image taking, editing, publicising, publishing hate-filled and other forms of community violence and increasing horrific acts of Digital invasiveness, all of which are severe intrusions on women’s rights to privacy, dignity and reputation. This study critically examines how the intersection of emerging Technology Risks with Gender-specific Vulnerabilities has created problems concerning Cyberstalking against Women on Social Media. This research examines the adequacy of existing Laws (international and national) to protect Women from Cyberstalking; Legal Findings in Landmark Cases; Cyber Laws that specifically protect Women; and protections available to Women in the Constitution. The study also identifies weaknesses in the existing Legal Regime in India that will be ineffective in combating Crimes Enabled by Artificial Intelligence, along with an analysis of the recent Bharatiya Nyaya Sanhita, 2023 (BNS 2023); Information Technology Act, 2000; and Digital Personal Data Protection Act, 2023, all of which are inadequate to combat these types of Crimes. This paper will define the need for algorithms, accountability and improved governance and provide recommendations for comprehensive reform to enhance digital safety and protect women’s rights on AI-influenced online platforms.