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This article is written by Bhavesh Guliani, a student of CLC, Delhi University, on what to do if someone has published your nude pictures without your consent. Would you like to see a nude or smutty picture of yourself on your favourite social networking website or on thousands of lascivious websites and satiate copulating desire of millions?

It is no secret that technology has become a vital part of our work life and as we get more comfortable with it, we allow it to overrun our personal lives too. We share and store information from our credit card to social website passwords never thinking about the fact that what if the information shared is abused. In a world where governments are putting surveillance over people and organisations and where internet has become a hub of international corporate giants with their own set of privacy safeguards and standards, the subject of privacy becomes dubious in the mind of a citizen because you never know that whether you are being watched?

We have all heard about the celebrity nude leaks now and then and no less do we hear about nude photos of people otherwise — making their way onto the internet without ones consent. When technology and human emotions interact to cause trouble, at times, the existing legal remedies may not be the most powerful weapon. The question arises that how did some content so intimate end up on the internet? The answer is simple because someone had it.

Either it was given by you or by someone close to you. The perpetrators are almost always those closest to us. Evidently there are other ways too that miscreants can steal such explicit content by way of committing other net-crimes. In our country, the captious society does not react to the obscene stuff online in the same way as it prohibits it offline. It is impossible to estimate the of voyeuristic websites operated and propagated today. The visuals congenial to the ogling eyes are often copied and replicated across these multiple porn sites.

So even if you are able to get one website to take down certain images that are defamatory in nature, there is a high possibility that other websites have already copied and posted them. Also the present colossal status of social media makes it virtually impossible for the authorities to wipe off the digital prints. The impact of this is more than shame and shock for the victim. The immediate effect is the social stigmatization and blame arising questions on their character. Numerous websites have become a platform for a new form of online abuse that is bringing out the uglier side of relationships.

Posting explicit pictures or videos of an ex-lover or spouse has become the new rage to let off steam and show hatred. The term is new not the form of harassment. Other menaces through which private confidential content becomes public are hacking, copyright infringement, child pornography and child grooming. The real although could be much higher as many victims do not come forward due to fear or embarrassment.

Beaucoup cases which do come before courts like the famous case of Fatima Riswana vs. State Rep. What to do in case you are victimized? The first priority for any victim is to have the images or video removed from the public domain — permanently. Therefore requests must be made to the website s hosting the material. The websites where your explicit content is most likely to be found are subject to a of laws and restrictions.

Websites that offer to take down photos in return for payment are clearly in the business of extortion, which, once again, is already illegal. The knowledge of cyber laws can be of great help here. Obtaining injunction from a court of law will prevent the images continuing to be published elsewhere. The step taken can be considered more of a prelude to the creation of a regular regulatory oversight. But with more than forty millions of such websites around the globe, most of them operating from where porn is legal and with free availability of proxy servers in our country, this move by the government may not be just enough.

Governments across the globe have reacted aggressively to this cyber-crime. Many countries today have a national helpline along with a separate cell to deal with this as these matters require immediate restitution before the content goes viral. The competency of Indian IT Information Technology and other cyber laws has come into question recently due to the growing of incidents that are being reported.

As a matter of fact various civil and criminal law remedies are available under the Indian legal system. Section 67 and 67A of the IT act prohibit the publication and distribution of obscene and sexually explicit material respectively, while 67B forbids all publication, distribution, facilitation and consumption in any manner of child pornography. Also the subject can book cases of defamation under section and of IPC and section 66e and 67a under the IT act also provide legal remedies under which one can charge the accused. Government has set up cyber forensic training and investigation labs in various states 9 for training of law enforcement and also for judiciary in 3 states.

Cyber-crime cells have been set up in all states and Union territories for reporting and investigation of cyber-crimecases. The IT act lays down an extensive set of laws and covers the crime extensively and deals with punishment comprising of imprisonment which may extend to 5 years and fine up to 2 lac rupees or with both in certain cases. When a victim files a complaint, cognizance is definitely taken. Charges depend on what kinds of pictures are shared and sentence can range from 1 to 3 years with bail, if convicted.

Criminal charges can be filed under section and of IPC. The privacy protection bill, deals with the collection, storage, destruction, processing, security and disclosure of personal data. The bill bars interception of any communication of another person except in pursuance of an order by Chief Privacy Commissioner in which case too the person whose communication is intercepted is duly notified and given reason thereof in form and manner prescribed. The bill also outlaws the surveillance by any person and puts restriction on surveillance by state except for the matters of national security or investigation purposes.

Speaking in terms of the related rules, accessing obscene content is not illegal, although hosting and transmitting such content is punishable by law. The IT Act Amended , criminalizes browsing, downloading, creation and publishing child pornography.

While there are arguments against putting restraint on publishing explicit intimate stuff as it transgresses the fundamental right of freedom and is a violation of Article 21 right to personal liberty, Constitution of India , there are two lurking questions in the background to all this, which is why people go to such websites and ogle at these naked images and why do people post this online to cause such harm to others. Such acts are a breach of privacy so you cannot be calm and cool about it. The impact of such acts on the victim is more than the shame and shock.

Despite of all the legal remedies available, even if they are sought, a victim can never be content. The sad fact, however, is that no reasonable remedy may ever be sufficient. In the shy Indian society which is not accustomed to openly talking about sex and looks at it is a tabooed subject, the pain of a victim is hard to understand.

These are the times when you need support not criticism. The problem does not pertain to a specific gender or caste but to society as a whole. To what extent can regulating the internet be useful when restraining orders cannot be enforced, when domestic violence victims are obstructed in initiating legal actions, when employers can fire their employees for being sexualized on the internet? Our efforts would be better spent seeking legislation to remedy the suffering that victims actually experience. Privacy is one of the most important subjects and has to be taken care of with the internet users multiplying every year.

The world is becoming a un-safer place to live by the passing of each day. The key to avoid becoming a victim is not to get into such situations in the first place. Regardless of whom you are which is not always the case in our country , you do have a legal recourse if someone posts graphic image of you without your consent. LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. You can click on this link and :. If u have any problem with such crime and need advice.

You can mail me at any time or Whats app me at any time. I will be happy to answer you. Hi what to do if some girl blackmail you who give services on video sex call and record your nude video asking money and threat to on social platform like youTube facebook and many.. She it on youTube it got 8 views than delete it and this drama again asking money again and again toh delete it that please help ASAP… Note she is not friend neither past girlfriend she introduced from joyride dating app then do this please help. I share her link past share youTube link which video is remove by her as she say after get one payment again she is ready to for second third four payment and so onnnnnn…….

Whoever watches, or captures the image of, a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.

Hello, One of my friend and his fiance were kissing and having some private moments in dark night in front of a shop where cctv were installed and they were unaware of this. The shop owner have the video and circulated to his friends. What should he do now please guide. Can they file a case against the shop owner and will their identity be kept secret as they are going to marry. How to delete the video from shop owner system and from his friends where he has shared it. Hi, I have shared my normal pics to my friends after reading your blog now I am scared about that If some shared my pics what to do now???

Hello sir I m from maharashtra I m also in this type of problem. How can i contact you? Hi i am ana i have a long time boyfriend from ur country i am from philippines we really have a good relationship before but time come that we broke up and when he knew i have someone new he tell to me that he will send all my nude pic to my family and friends and make a porn site using my picture please give me some advice what i have to do i am scared what more he can do thank u. I will file case on behalf of you. He must punish for his Sin.

Hello sir I am in a problem. One of my relative told me about it. How can delwtw that video permanently from net. You need to find Professional person for that. Fantastic blog! Do you have any recommendations for aspiring writers? Would you propose starting with a free platform like Wordpress or go for a paid option?

Any tips? I am an unfortunate victim of this scene. I live in constant fear that my pictures will be shared or distributed many times more. If anyone has any suggestions on how I can proceed pls do leave a comment here. I really wish and pray someone out there responds. Dear Aparna, Sorry to hear this but living in constant fear and waiting for someone to reach out to your doorstep is not going to help in these cases. While you can definitely proceed on the path of law to find the culprit, there are private teams and organizations in cyber security space who can lend a helping hand.

If your issue is still not solved and you need help, please reach out. Would be glad to help. If any one posts my private pics…on any site.. Be assured that the content will be taken down. Rest assured, the law will back you. You can about it here. I am researching this problem of non-consent and I came across this.

Kudos for speaking up.

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