Revenge Porn Or Non-Consensual Pornography

Revenge porn, or non-consensual pornography, is the distribution of sexually explicit images or videos without the subject's consent, often with malicious intent. This cybercrime leverages the ease of online sharing to inflict emotional distress, reputational damage, and psychological trauma. While no specific "revenge porn" law exists in India, various legal provisions under Bharatiya Nyaya Sanhita (BNS) 2023 and the Information Technology Act (IT Act) address this issue.

Understanding Meaning Of Revenge Porn

Revenge porn is another name for non-consensual pornography. It involves the sharing of sexually explicit images or videos of an individual without their consent. The practice is often done to degrade, harass, or punish a victim. The impact of social media and the internet has aggravated this crime. It has made the sharing of these contents easier for the perpetrators.  

Essential Laws Related To Revenge Porn

In India, there are many legal provisions on the issue of revenge porn. Bharatiya Nyaya Sanhita (BNS) 2023 and the Information Technology Act, 2000 (IT Act) are primarily used to prosecute offenders.

Is Revenge Porn A Crime?

Yes, revenge porn is an offense in India. The Indian judicial system recognizes the fact that these acts have a severe impact on the victims. It accordingly prescribes heavy punishments to deter offenders. The conviction of individuals under the aforementioned provisions demonstrates the seriousness with which the Indian judiciary treats these offences.

However, there is no specific law addressing "revenge porn" as a standalone crime. Following are the relevant provisions: 

Bharatiya Nyaya Sanhita (BNS) 2023

Following provisions of BNS may be applied in a revenge porn scenario: 

• Section 77 (Voyeurism): It criminalizes the capturing or dissemination of images of a woman in private acts without her consent.

• Section 356 (Defamation): Section 356 makes individuals liable for damaging the reputation of another by spreading intimate materials. 

• Section 351 (Criminal Intimidation): It is often used when the perpetrators threaten the victims with publishing their sensitive content.

• Section 79(Word, Gesture Or Act Intended To Insult The Modesty Of A Woman): Punishes the acts intended to insult the modesty of a woman, which includes sharing obscene or explicit content.

Information Technology Act, 2000

Following provisions of IT Act may be applied in a revenge porn scenario:

• Section 66E (Punishment For Violation Of Privacy): Deals with the purposeful capturing or publishing or sending of images of a private part of a person, without his/her consent, resulting in imprisonment and fine.

• Section 67 (Punishment For Publishing or transmitting obscene material in electronic form): Deals with the publication or transmission of obscene material in electronic form, which includes explicit video or images.

• Section 67A (Punishment for publishing or transmitting of material containing sexually explicit acts, etc., in electronic form): Specifically targets the publication or transmission of sexually explicit acts in electronic form.

Indecent Representation Of Women (Prohibition) Act, 1986

It prohibits any indecent representation of women in the media, extended even to revenge porn cases.

Protection Of Women From Domestic Violence Act, 2005 

Revenge porn is increasingly recognized as a form of digital domestic violence under this Act, enabling legal remedies.

Constitutional Protections

Article 21 of the Indian Constitution enshrines the right to privacy, as settled by Justice K.S. Puttaswamy vs. Union of India judgement. Revenge porn directly runs contrary to this right.

Types Of Non-Consensual Pornography

There are following types of non-consensual pornography:

Intimate Partner Distribution

This type involves explicit content sharing by a former partner or spouse as an act of revenge following a breakup or divorce. The perpetrator may have gotten the content during the relationship with the victim's consent but distributes it later without permission.

Hacking And Unauthorized Access

In such a situation, the attacker achieves unauthorized access to the private contents of the victim either by hacking his/her devices or internet accounts. Thereafter, this content is released in the cyberworld without his or her permission or knowledge.

Revenge Porn

As discussed, revenge porn is the malicious distribution of private sexual content with the intent to harm the victim emotionally or socially.

Exploitative Non-Consensual Pornography

This is about the use of secret cameras or unauthorised recording to take explicit content usually for financial reasons or blackmail purposes.

Deep Fake Pornography

With artificial intelligence advancements comes the ability to make deep fake pornography in which an individual's face is superimposed over explicit images or videos in a completely non-consensual manner.

Sextortion

Sextortion is essentially blackmailing others using intimate material, forcing one to do favours or give some money.

Importance Of Addressing Revenge Porn

Revenge porn is not only a cybercrime but also a deep attack on personal autonomy, with far-reaching implications for victims and society. It is important to address the issue of revenge porn:

1. Emotional and Psychological impact: The humiliation and betrayal lead the victims to be affected with very severe mental disorders such as depression, anxiety, and post-traumatic stress disorder.

2. Social and Reputational Harm: Private content exposed to the public could cause ostracism, bullying, and harm in both personal and professional relationships.

3. Gendered Nature of The Crime: Women are disproportionately targeted, making revenge porn a critical issue in the fight against gender-based violence.

4. Erosion of Trust in Digital Spaces: Misuse of technology for such crimes undermines trust in digital communication platforms.

5. Need for Legal Frameworks: Legal frameworks are essential in addressing revenge porn, as they help to establish individual privacy and responsibility in cyberspace.

How To Report Revenge Porn

If you are a victim of revenge porn, then it is necessary to take action immediately to protect yourself and get justice. The following are the steps you should follow:

1. Document The Evidence: Save screenshots, URLs, and any other relevant information that can serve as evidence.

2. Report to The Platform: Most social media websites and platforms have reporting mechanisms to report non-consensual content. Make use of these mechanisms to request that the material be removed.

3. File A Complaint: Approach the nearest police station or cybercrime cell to file a First Information Report (FIR). Explain the situation to them and provide all the evidence that you have.

4. Seek Legal Assistance: Consult a lawyer who specializes in cyber law to guide you through the legal process and assist you in taking appropriate legal action. 

Always remember that it is not you who have done something wrong; it is the perpetrators who should be punished. 

Legal Remedies For Victims Of Revenge Porn

India offers the affected individuals various legal provisions, punitive as well as protective measures against revenge porn. These are as follows:

Criminal Provisions

Sections 66E and 67A of the Information Technology Act, 2000 as well as Sections 77,351, 356 and 79 of the Bharatiya Nyaya Sanhita 2023 incorporate different provisions under which punishment for revenge porn can be included. Court can punish the offenders under these provisions.

Civil Remedies

The court permits injunctions to halt the circulation of private material. Further, it has allowed damages claims for mental anguish and reputational damage.

Data Protection And Privacy Laws

The right to privacy as declared under Article 21 furnishes a constitutional basis for challenging revenge porn.

Takedown Mechanisms

Victims can ask the social media intermediaries to delete offending content by invoking the powers of the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

Statistics On Revenge Porn

Statistics are shocking about how widespread and affecting revenge porn is. The Cyber Civil Rights Initiative report indicated that 23% of respondents claimed to have experienced revenge porn. Among those affected, 90% were female, and 68% aged between 18 and 30 and 27% between 18 and 22 years old. Statistics, therefore, emphasize the pressing need for robust legal action and support mechanisms against revenge porn.

Conclusion

Revenge porn is a serious violation of privacy and a form of digital violence with devastating consequences. While India's legal framework offers several avenues for redressal, increased awareness, proactive reporting, and robust enforcement are crucial. Victims must be empowered to seek help, and perpetrators held accountable. Continued efforts are needed to strengthen legal protections, educate the public, and foster a safer digital environment.

FAQs

A few FAQs on revenge porn are:

Q1. What are the effects of revenge porn?

It can cause severe emotional distress, reputational damage, anxiety, depression, and PTSD.

Q2. Who is most affected by revenge porn?

Women are disproportionately targeted, but anyone can be a victim.

Q3. How common is revenge porn?

Studies suggest a significant percentage of people have experienced it, highlighting its prevalence.

Q4. Can I file a police complaint for revenge porn?

Yes, you can file an FIR at your local police station or cybercrime cell.

Q5. What are the penalties for revenge porn in India?

Penalties vary depending on the specific charges but can include imprisonment and fines.

Q6. Can social media platforms be held responsible for revenge porn?

Yes, under the IT (Intermediary Guidelines) Rules, they are obligated to remove offending content.