REVENGE PORN

REVENGE PORN CROSSES THE LINES OF BOTH EMOTIONAL ABUSE AND SEXUAL ABUSE

Revenge porn is the distribution of sexually explicit images or video of individuals without their consent. The sexually explicit images or video may be made by a partner of an intimate relationship with the knowledge and consent of the subject, or it may be made without their knowledge. The possession of the material may be used by the perpetrators to blackmail the subjects into performing other sex acts, to coerce them into continuing the relationship, to punish them for ending the relationship, or to silence them.

Intimate image abuse - or the threat of it - is one way an abuser can still impose control even if they are not isolating with their partner or ex-partner.

In India, incidents of revenge porn may not make media headlines frequently, but in a country where rape videos are put on sale , how safe are people from revenge porn?

Revenge porn is when private, intimate images, often of a sexual nature, are uploaded or shared without the person’s consent. The upload/sharing is often by previous partners, rejected lovers and the like, for the drive of seeking revenge. In the wake of civil lawsuits and the increasing numbers of reported incidents, legislation has been passed in a number of countries and jurisdictions to outlaw the practice, though approaches have varied. The practice has also been described as a form of emotional abuse and domestic violence, as well as a form of sexual abuse. 

While revenge porn is just another option criminals have to intimidate and exact 'revenge' on women who have rebuffed them, the legal framework and societal conditioning is yet to convince more women to act against such crimes. For starters, there is no law in India specifically directed against revenge porn and its victims. The police has to usually fall back upon the Information Technology Act 2000 to file FIRs in these cases.

Revenge porn currently punishable with 3-7 years. Even without the specific laws, revenge porn is a crime, punishable with between 3-7 years’ imprisonment and a fine of up to Rs. 10 lakhs, under numerous sections of the Information Technology Act, 2000 and the Indian Penal Code, 1860. Victims and committers alike must keep the following points in mind: 

1. Consent for capture is immaterial: It doesn’t matter if the victim agreed to the capture of the images, videos or other content. So long as the content was published without consent, it is punishable under Sections 66E, 67, 67A of the IT Act and Section 354C of the IPC. The same apply to images captured without consent. 
2. Content need not be sexual only: It isn’t only sexual images that are protected. Nude images, indecent images, even a capture of a private act or a person’s private areas are punishable. 
3. Content with children: Publication of content with children attracts serious punishments under Section 67B of the IT Act. Note that a ‘child’ refers to anyone below the age of 18 years. 
4. Images, videos, false content: These sections apply to different types of content, whether an image, video or even fake content like transformed or photo shopped images. 
5. Male and female victims: Both men and women are protected under these laws. The only exception is Section 354C of the IPC, which is specific to women, but men have a appropriate alternative in Sections 67 and 67A of the IT Act. 
6. Defamation and criminal intimidation: Extortion, harassment, revealing the victim’s name, etc. will attract laws on defamation and criminal pressure under Sections 400 and 506 of the IPC. 

As seen above, there are several laws which punish committers of revenge porn. Several social media giants like Reddit and Twitter, have also banned and assured quick action against revenge porn. Facebook hurled special tools against revenge porn recently, and Google has assured removal of revenge porn from search results. Despite these many protections, issues with effective undertaking of revenge porn remain. 

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Technically, one can argue that if the persons featured in the video or image did not engage in filming those acts, the clip or picture would not have existed. Moreover, if the person had shared it with the perpetrator, that could also be held against him or her," 

So, technically, if you have sent a nude picture or sexually explicit video to someone, you stand the risk of being booked alongside the offender who has shared it without your consent.

So, technically, if you have sent a nude picture or sexually explicit video to someone, you stand the risk of being booked alongside the offender who has shared it without your consent. Because both sections of the IT Act indicate that you are not legally in the clear if you 'transmit' any such content—the medium could be a Facebook message, WhatsApp or an email that you shared with your partner.

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Changes required in the law 

Non-consensual porn: Several countries have devoted revenge porn laws. The problem with a precise law on ‘revenge’ porn is that the issue of intent comes in. Instead of confining laws to persons seeking revenge, laws should aim non-consensual porn, focussing on lack of consent. 

Revoking Consent: A person should be permitted to revoke consent for publication, following which the publisher must remove the content published. Failing to do so must also be punishable. 

Aggravated punishments: Aggravated punishments should also be agreed for factors like publication in public forums like social media websites or porn websites. Punishments should also be aggravated when the victim’s name and contact details are exposed, and even more so when the victim is depicted to be soliciting. Cases of extortion and other harassment should also be punished specifically. 

Damages: Delivery should also be made for paying damages or compensation to the victim. Several laws on revenge porn in other countries recommend damages between $500050,000 depending on the gravity of the act. 

Gender neutral: While laws protecting women are required, men are equally vulnerable to a crime like revenge porn. It should be ensured that male victims also have passable protection under the law. 

Legal Remedies 

The recent surge in instances of revenge porn has led to many countries around the world enacting laws to address the same. None the less, at present, in India, there exists no specific law that deals with revenge porn. However, various sections of the Indian Penal code, 1860 (IPC) and the Information Technology Act, 2000 (IT act) are used to convict the offenders which do not fully beset the nuances of revenge porn.

The act of revenge porn for the purposes of the IPC attracts a conviction under Section 292, 354C, 499 and 509. The relevant provisions and what they entail are enclosed below:

1. 292: Distribution or circulation of obscene material.
2. 354C: Capturing or dissemination of pictures of a woman engaged in a private act without her consent
3. 499: Act done by a person intending to harm or having a reason to believe the same would harm an individual’s reputation or character.
4. 509: Act intended to insult the modesty of a woman.

With respect to the IT act, revenge porn attracts prosecution under Sections 66E, 67, 67A and 72 of the Act. The relevant provisions and what they address are enclosed below:

1. S.66E: Violation of privacy; Publishing or transmitting obscene material in electronic form
2. S.67: Publishing or transmitting of material containing sexually explicit act, etc. in electronic form
3. S.67A: Publishing electronic material containing sexually explicit act
4. S.72: Breach of confidentiality and privacy

Additionally, other laws also have their application in such situations such as Section 4 and 6 of Indecent Representation of Women (Prohibition) Act, 1986, (IRWA) which prevents publishing of photographs (among other things) which contain indecent representation of women. Further additional provisions of various statutes may also be used depending on the facts and circumstances of the given cases.

Issues With Status Quo

Notwithstanding the fact that none of the laws actually adequately address revenge porn, the existing laws also suffer from various other major drawbacks. One main issue that may be seen from the newly implemented section 354C of the IPC is that it is gendered in its application and limits its scope to a male offender and female victim. A similar drawback is also portrayed by Section 509 of the IPC and Section 4 and 6 of the IRWA.

While the IT Act, does not suffer from the same issue of being gendered, it suffers from a much graver issue that lies testament to inherent contradiction prevalent in the current legal system in addressed revenge porn. The provisions of 67A of the IT, which criminalises individuals who publish or transmit electronic form any material which contains sexually explicit act, being the best examples of the same.

As can be inferred prima facie from a reading of the section, while the section can be used to prosecute offenders,it also can lead to the possible prosecution of the victim as well who may have voluntarily taken the said pictures or videos and sent the same to their partners.

 A similar issue is also seen in the case of Section 67 of the same act which deals with the offence of publishing or transmitting obscene material in electronic form. This can be quite problematic as the same section the victim is relying on to obtain legal relief could be used to prosecute him/her.

Need for immediate action 

Steps are needed to safeguard speedy removal of such content. Under the IT Act, removal by a website within 36 hours is guaranteed only when there is a court/ govt order. This should be detached for specific crimes, such as revenge porn. Also, judicial procedures need to be quickened, such as through establishment of dedicated courts and prescribing timelines. 

Technological control of distribution and re uploads. One problem is that most of these laws come into play after the upload is done. By then most of the damage is already done, with distribution and re-uploads of the content trendy at a rapid pace, whether by the viewers or on numerous websites. 

To control distribution of such content, the recent MEITY order guiding ISPs to implement Internet Watch Foundation resources to prevent the distribution and transmission of child sexual abuse material needs to be protracted to revenge porn material. 

For reuploads of content that is recognized as revenge porn a system similar to YouTube’s Content ID system needs to be implemented. This technology compares every new image with a database of images identified as illegal. A match is also thought illegal and its upload is prohibited. Research needs to be absorbed towards developing technology that can help with efficiently preventing the feast of such material. Also, striking greater responsibility on intermediaries should be considered. 

Provision schemes for victims 

Another issue that delays removal is the victim’s unwillingness to report the crime. Along with alerting the public and also the police, support systems for victims need to be developed. These can be through dedicated helplines, NGOs or setting up sexual harassment centres in places like colleges, societies, etc. 

Substitute remedies 

Websites often deal with copyright claims far more quickly than with crimes due to the severe notice- and-take down laws and possibility of being sued. People have been resorting to copyright laws (such as claiming ownership over a selfie posted as revenge porn) and also social media clauses in prenuptial agreements to avoid such uploads. It shows the ineffectiveness of the law if people need to resort to copyright and votive remedies for a problem that should be directly covered by criminal laws. Why copyright laws are more effective is an aspect that needs to be looked into while updating the laws. 

Conclusion 

It is clear that while courts and the legal system are attempting to help provide justice to victims of such crimes, other provisions of the laws could possibly stifle their efforts. This could also further affect the access to justice to victims of such crimes who already being burdened by societal pressures and stigmatisation, may further choose not to report the same to prevent being prosecuted (as the law has no regard for the consent of the receiving party). While the provision of the law is required to prevent the unsolicited sending of pictures, the same must take into consideration the consent of the opposite party in receiving the same, especially in a romantic/interpersonal relationship between parties. Another possible solution is for new laws to be made which adequately address such new issues which are emerging in the virtual world and which are not gendered in nature. Without such changes being implemented, the contradictions in the legal system would perpetuate and prevent victims from conclusively obtaining justice.

What should you do if you're a victim of intimate image abuse?

• Keep evidence - make a record of what has been posted online, even if legal matters are not your first thought
• Report the photos or videos to the website (if you can)
• Tell friends and family

Keep evidence

You should make a record of what has been posted online. Even if legal matters aren't your first thought, it could be important later.

"We always encourage people to take screenshots of what you've found, where it's been shared," 

Social media can remove pictures quickly when they are reported, but that could leave you without proof of a crime.

"If they do decide that's a route they want to go down, then the police have evidence of what's happened," .

Report the photos or videos to the website (if you can)

Getting the main social media platforms to get revenge porn removed is mostly a simple process.

They all have strict guidelines on how users can get intimate content removed.

The Revenge Porn Hotline has a good working relationship with 'legitimate' adult websites but the biggest problems come on unregulated sites.

"Places like Pornhub and XVideos respond to us quite positively and quickly with taking content down,"

But it's much harder dealing with sites dedicated to revenge porn - because their whole aim is to show those photos and videos.

You might be able to use the "right to be forgotten". This lets you ask search engines like Google to remove material from their search results.

The photos or videos don't get deleted but this approach makes them much harder to find.

You'll probably need a lawyer to help.

Tell friends and family

The biggest fear can be that people closest to you will see what's been posted.

Telling them first could soften the blow.

"We would always encourage people to go to trusted family and friends for support," 

"They have been the victim of a crime. So just as if their house had been broken into or if they'd been sexually assaulted, they would want to ask for help."

 if you can prepare people for what's happened, they're more likely to respond sensitively

Don't panic

Despite the stress of this happening, encourages victims to remain positive about reporting incidents.

"Removing revenge porn can be done," 

"It's not an 'all or nothing' situation. Just because it's out there doesn't mean we can't get it back." 

it's  really important to stand up for yourself, rather than hide in shame.

"To every victim of this insidious kind of attack, I am here to say: You can fight back, and win.

"You will heal and move on - and you will not have to take those steps alone."