Cyberbullying and Online Harassment in the Workplace

Author

Meenakshi Vuppuluri

By Smruthi.S

With the advent of the digital age and unprecedented times like COVID-19 , we have acquired novel ways of working, implementing new tools, and ways of communication. But along with it, the fixed connectivity has given way to a disturbing phenomenon: cyberbullying and online harassment in the workplace. Unlike traditional bullying, which mostly happens within the offices, online harassment tends to invade an employee’s personal space, putting them under a constant threat, hanging like a sword over one’s head, or even affecting one’s well-being.

The Evolving Landscape of Workplace Harassment

This behavior can manifest in various ways, such as sending emails containing caste-based slurs or making derogatory remarks about a woman’s appearance, which could be considered offenses under Section 79 of the Bharatiya Nyaya Sanhita (formerly Section 509 of the Indian Penal Code), pertaining to insults to modesty. Social media attacks might include publicly humiliating tagged posts, amounting to defamation under Section 356 (1) and (2) of the Bharatiya Nyaya Sanhita (formerly Section 499 of the Indian Penal Code). Additionally, creating false profiles and spreading rumors can constitute cyber crimes under Section 66A of the Information Technology Act, 2000.

Unsolicited digital communication can range from prolific messages to video calls at inappropriate hours, leaving recipients feeling violated. Such actions may be considered harassment under Section 75 of the Bharatiya Nyaya Sanhita (formerly Section 354D of the Indian Penal Code) if they cause alarm or fear to a woman. Posting embarrassing photographs or videos of others online without consent can be extremely harmful and may violate Section 66E of the IT Act, which deals with privacy violations. Impersonating someone by creating a false online profile to defame a colleague can also be prosecuted as a cybercrime under the IT Act.

Consequences of Online Harassment

Employees victimized by online harassment may experience diminished productivity, lowered morale, increased stress, anxiety, depression, physical health issues, and absenteeism. Additionally, an organization that allows online harassment to persist can suffer a tarnished public image and face legal consequences. Failing to provide a safe workplace and not taking measures against the harasser makes the organization a violator under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (PoSH Act).

Blurred Lines: Online Conduct and the Work Environment

The digital age has eliminated boundaries between work and social life, making online behavior a potential minefield for workplace harassment. A seemingly innocuous post on social networking websites during non-working hours can become the subject of office gossip when spotted by coworkers. Private information shared online-even if it is done with permission-can translate to harassment if used with malice. Unwelcome digital communication even outside of work can constitute intrusion. Any online interaction, even with very distant connections, may lead to unintended consequences that creep into the work environment through shared circles. Therefore, policies on what online harassment entails and expectations regarding respectful online behavior to face such complexities, must be communicated clearly. Certain policies with regards to training on empathy, bystander intervention, and online harassment reporting, make the workplace safe and, therefore, better for everyone. At Kelp we create policies which encompass all these.

Preventive Measures

Although these steps are logical, organizations should be cautious not to overstep their boundaries when taking corrective action against cyberbullying. Private messaging and other online spaces have indistinct and blurry limits. While the aforementioned actions are theoretically constructive, they can be practically cumbersome to monitor. Distinguishing between appropriate action and invasion of privacy can be incredibly challenging.

However, businesses can protect their employees by implementing clear guidelines on social media use and utilizing filtering and monitoring tools, within legal and ethical boundaries. This proactive approach can help identify issues before they escalate. Additionally, taking reports seriously, conducting thorough investigations, and addressing incidents appropriately demonstrates a genuine concern for the well-being of all employees.

Cyberbullying and online harassment are a disastrous phenomenon inside workplaces. Proactive education, prevention, and tackling measures by companies can help to create an opportunity for employees to operate from a safe and positive online environment that allows employees to thrive. It calls for a multi-layered approach-a cultural change. A respectful culture at the workplace offline and online will bring about an environment where the employees will be secure from this menace. This will include encouraging open communication, empathy, and ensuring employees are responsible for what they do online. Implementing gender-neutral policies in the workplace will ensure the safety of all employees, regardless of their gender affiliation. Since the law explicitly mentioned ‘women’, the organizations can frame their rules in such a way that no employee is left out from the ambit of protection offered by the company.

At Kelp we provide training and sensitization, along with incorporating policies against cyberbullying and harassment, to further reinforce your organization’s commitment to a safe and respectful workplace.