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 the Indian Penal Code (IPC) and the Information Technology Act (IT Act) address this issue.

This blog provides a detailed overview of revenge porn, exploring its types, legal framework, and impact on victims. Learn about the laws protecting individuals, actionable steps to counter this crime, and why addressing revenge porn is crucial for fostering safer digital spaces.

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. The Indian Penal Code,1860 (IPC) 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 offenses.

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

Indian Penal Code, 1860

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

• Section 354C (Voyeurism): It criminalizes the capturing or dissemination of images of a woman in private acts without her consent.
• Section 500 (Defamation): Section 500 makes individuals liable for damaging the reputation of another by spreading intimate materials.
• Section 506 (Criminal Intimidation): It is often used when the perpetrators threaten the victims with publishing their sensitive content.
• Section 509 (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 ransmitting 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 the explicit images or videos in a completely non consensual manner.

• Sextortion

Sextortion is essentially blackmailing others using intimate material, forcing one to do favors 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

Section 66E and 67A of the Information Technology Act, 2000 as well as Section 354C, 500, 506 and 509 of the Indian Penal Code, 1860 incorporates 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

The prevalence of revenge porn or non-consensual pornography underscores the urgent need for stronger legal frameworks, societal awareness, and victim support systems. This violation of privacy is not just a cybercrime but a profound attack on personal dignity and autonomy. Its emotional, social, and psychological toll on victims is immense, demanding comprehensive measures to combat this menace effectively.

By understanding the legal remedies available under the Indian Penal Code and the Information Technology Act, victims can take proactive steps to seek justice. Public awareness and responsible digital behavior are equally critical in curbing the spread of such content. Together, we can create a safer online environment, ensuring that privacy and respect remain at the forefront of digital interactions.

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.