When workplace harassment goes online: PoSH in the remote work era | Technology News | #cybercrime | #infosec

For Ritu (name changed), the experience was different but equally damaging. The anxiety and shame she carried from being harassed with inappropriate texts and late-night calls by a senior colleague pushed her into avoidance. She began skipping office days and shifting her schedule, doing everything possible to avoid him.

It’s no different for women running small online businesses. Naina (name changed), who runs an Instagram store, often receives unsolicited, inappropriate WhatsApp video calls on her business number. “I usually answer unknown calls, thinking it might be a customer,” she said. “Now I hesitate. I think twice before answering.”

“In the hybrid and remote era, workplace harassment has shifted into digital spaces. Complaints range from inappropriate messages and late-night calls to cyberstalking and misuse of social media,” Dr Rimpa Sarkar, founder of Sentier Wellness & Sentier Mind, told indianexpress.com.

“The mental health impact is significant. Employees often report signs of anxiety, depression, shame, guilt, and stress. Some avoid turning cameras on during meetings, others withdraw from work, show absenteeism, or stop attending hybrid office days to avoid the harasser. Organisations must extend PoSH awareness into digital spaces, strengthen reporting mechanisms, and train employees on the psychological impact of online harassment,” Dr Rimpa said.

What is PoSH?

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013—popularly known as the PoSH Act—defines sexual harassment, mandates Internal Complaints Committees (ICCs) in workplaces with 10 or more employees, and lays down procedures for inquiry and redressal.

Recently, Justice Prathiba M Singh urged that the definition of “workplace” under the Act be expanded to include virtual and digital platforms, with clear protocols for preserving electronic evidence in cases of online sexual harassment.

“Many incidents in digital workspaces still go unreported,” said Pratik Vaidya, chief vision officer and managing director, Karma Management Global Consulting Solutions Pvt. Ltd. “The Act covers all workplaces, including virtual ones, but employees often remain unsure if late-night video calls or persistent chat messages qualify as harassment,” he said. 

He shared that in one case, a young employee endured persistent WhatsApp messages from her manager but stayed silent, believing remote conduct fell outside the law. Until leaders make it clear that PoSH applies equally in digital and hybrid spaces, silence will remain the biggest barrier,” said Vaidya.

Vaidya noted that online harassment often leaves a digital trail—emails, chat logs, meeting recordings—making ICC investigations faster. “But evidence helps only if employees preserve it. When digital proof is intact, organisations not only act decisively but also send a strong message of fairness and accountability,” he said.

He also said that many still downplay online harassment as “less serious” because there’s no physical contact. “For remote workers, the isolation makes it worse. Outsourced staff often don’t know WhatsApp harassment falls under workplace law. And retaliation—being left out of meetings or group chats—is a real fear.”

Documenting evidence

“The golden rule is, save everything,” Vaidya advised. Screenshots, emails, and chat records must be preserved with dates and times intact. One complainant maintained a folder of repeated inappropriate messages; the undeniable pattern led to swift resolution.

Cyber-law expert Akshat Khetan, founder of AU Corporate Advisory and Legal Services, agreed: “Proper documentation not only supports ICC proceedings but also cybercrime complaints before the police.”

Where PoSH meets cybercrime

“When harassment crosses into digital spaces, it attracts both the PoSH Act and cybercrime provisions,” Khetan said.

Under the Bharatiya Nyaya Sanhita (BNS), sections on stalking (79), insulting the modesty of a woman (75), and criminal intimidation (351) may apply. The IT Act covers identity theft (66C), impersonation (66D), and transmission of obscene material (67).

“Companies should guide complainants that harassment online can be addressed both before the ICC and law enforcement,” he said.

Overlap of harassment and cybercrime:

When workplace harassment crosses into digital spaces, it attracts not only the PoSH Act, 2013, but also cybercrime provisions, said Akshat Khetan.

“Under the Bharatiya Nyaya Sanhita (BNS), stalking (Section 79), insulting modesty of a woman (Section 75), and criminal intimidation (Section 351) may apply, alongside the IT Act provisions like Section 66C (identity theft), 66D (impersonation), and 67 (transmitting obscene material). Companies should guide complainants that harassment on digital platforms can be addressed both through the ICC under PoSH and law enforcement under cybercrime laws,” Khetan said.

Immediate steps after harassment:

“The first step for any victim is to record the incident with screenshots and a timeline. Thereafter, they may block or mute the harasser (only after preserving evidence), report the issue to a trusted ICC member or HR representative, and seek IT support if official systems are compromised. Victims should also be encouraged to access counselling services provided by employers, ensuring both emotional well-being and readiness for a formal complaint,” said Khetan.

Should survivors approach ICC, HR, or Cyber Police?

“If the harassment is confined to workplace conduct on digital platforms (emails, video calls, chat apps), the Internal Complaints Committee (ICC) under PoSH is the proper forum,” Khetan said.

He also said, “If the harassment involves elements like cyberstalking, impersonation, or circulation of obscene content, employees are advised to file with both the ICC and the Cyber Police. In cases entirely outside the workplace but still criminal in nature, only the Cyber Police should be approached. Offences may be registered under BNS Section 75 (sexual harassment), Section 79 (cyberstalking), Section 351 (criminal intimidation), along with IT Act Sections 66C, 66D, and 67.”

Best practices for organisations

Policies must explicitly cover digital behaviour, shared widely across all teams—remote, in-office, outsourced, or client-based.

“Reporting should be simple, confidential, and accessible to everyone,” said Vaidya. “ICCs must be trained to handle digital evidence, and leaders must set a tone of zero tolerance.”

Khetan said: “Dedicated ICC email IDs, encrypted complaint portals, and anonymous reporting options reassure employees. Acknowledging complaints digitally helps employees feel protected from retaliation.”

In a world where work travels through computer and mobile screens, safeguarding dignity online is as essential as protecting it in office corridors.