What Are Your Legal Rights If Your Relationship Photos Or Videos Go Viral Without Your Consent?
- Mehtab Ali
- Nov 26, 2024
- 4 min read
Today, Incredible Speed In Sharing Photographs And Video Footage Through Social Media, Messaging Applications, And Other Online Platforms Has Become The Custom Of The Day. Nevertheless, Consenting To The Sharing Of Intimate And Personal Content With Friends Or Relations Does Not Equate To Criminals Circulating The Same Material To The General Public Without The Focused Individual’s Consent. Such Actions May Cause Serious Invasions Of Privacy, And Emotional Distress And May Lead To Legal Consequences. In India, There Exists An Array Of Legal Instruments That Safeguard An Individual’s Right To Privacy, And Wrongful Dissemination Of Such Images And Video Recordings Can Be Remedied Through The Courts.
Legal Framework Governing Privacy
As A Result Of The Fast-Paced And Ever-Evolving Digital Ecosystem, The Governing Laws Of India In Relation To Digital Content, Data Protection, And Cyber Laws Are Ceaseless.
In The Case Of Justice K S Puttaswamy (Retd) And Ors Vs. Union Of India (2017) The Supreme Court Of India Declared For The First Time That The Right To Privacy Is A Fundamental Right Of An Individual And Is Guaranteed Under Article 21 Of The Constitution. This Right Also Includes Protection From Unauthorized Disclosure Of One’s Private Information.
The Information Technology Act Provides For Specific Remedies Regarding Invasions Of Privacy And Cyber-Crimes. Unlawful Publication Of Private Sexual Materials And Revealing Obscenity Of Assisted Reproduction Technologies Provisions 66e, 67, And 67a Are The Salient Clauses On Depicting And Circulating Private Or Explicit Images Without Consent.
Some Of The Provisions Of Bns Can Be Applied In Situations Of The Unwarranted Release Of Private Information Where Offenses Like Defamation, Voyeurism, Or Threatening Of Life May Arise.
The Protection Of Women From Domestic Violence Act Contains Certain Special Legal Remedies That The Women Protected By The Provisions Of This Act Are Entitled To, In Cases Where The Uploaded Content Demonstrates Certain Types Of Domestic Violence, Notably, Emotional Or Psychological Violence.
The Indecent Representation Of Women Act Makes It Illegal To Depict Women In A Negative Light In Any Publication Or Advertisement, Including The Internet.
Legal Rights If Your Relationship Photos Or Videos Go Viral Without Your Consent
Information Technology Act 2000:
Section 66e Makes It Illegal To Take, Send, Or Publish Pictures Of Someone Else's Intimate Areas Without That Person's Permission. Those Who Distribute Someone Else's Private Images Or Videos Without That Person's Consent Risk A Maximum Sentence Of Three Years In Prison, A Fine Of Up To Two Lakh Rupees, Or Both.
Section 67 Addresses The Electronic Publication Or Transmission Of Pornographic Material. Those Who Share The Images Or Films May Be Imprisoned For Up To Three Years On A First Conviction And Up To Five Years On Future Convictions, In Addition To Heavy Fines, If The Content Is Deemed "Obscene" By The Law.
Section 67a Imposes Harsher Penalties For Disseminating Sexually Explicit Content, Including Fines And Up To Five Years In Prison For A First Conviction And Up To Seven Years For Successive Offenses.
Bhartiya Nyaya Sanhita 2023:
Section 77 (Voyeurism): In Case, The Pictures Or Videos Depict Or In Any Way Reproduce Private Activities, Especially If A Woman Is Involved, And The Person Has Not Given Her Consent Or Is Not Even Aware Of It, One Can Invoke Section 77 Of Bns. This Provision Provides For A First Jail Term For First Offenders Of Between One And Three Years While That Of Recidivists Is Between Three And Seven Years.
Sections 356 (1) And 356 (2) (Defamation): Under These Sections, If The Information That Went Viral Damages The Reputation Of Its Target, Its Target May Lodge A Defamation Suit. According To The Law, It Is An Offense And Anyone Found Guilty Of Defamation Shall Be Liable To Imprisonment For A Period Not Exceeding Two Years Or To A Fine Or To Both Such Imprisonment And Fine
Section 351 (1) (Criminal Intimidation): If A Person Distributes Images Or Videos In A Threatening Manner, Or Threatens A Person In Response To A Distribution Of Such Images Or Videos, Section 351 (1) Of Bns May Apply To The Situation In Which The Person Seeks To Harm Others’ Reputations Or To Compel Them To Act.
Section 294 (Sale Of Obscene Material): This Section May Also Apply To Individuals Who Disseminate Even Viral Content If Such Content Is Indecent And Used For Commercial Gain.
How To File A Complaint?
Gather Evidence: For More Proof, Capture Images Of The Details With All Associated Actions Or Discussions. Also Do Remember The Link Or Space Where Such Information Has Been Shared.
Report To The CyberCrime Cell: You May Either File The Incident Physically At A CyberCrime Cell Nearest To You Or Do It Electronically Through The National Cybercrime Reporting Portal At Www.Cybercrime.Gov.In. Kindly Enclose All The Supporting Documents You Have Collected With The Grievance.
File A Police Complaint (Fir): In Extreme Situations, An Individual Has To Go To The Closest Police Office And Submit An Fir. In Concerns Like This, Include References To Relevant Laws.
Consult A Lawyer: It Is Advisable To Consult An Attorney Who Practices Criminal Or Cyber Law, As It Will Help You In Facilitating The Procedures Involved And Presenting Your Case.
Special Legal Protections For Women
Protection Of Women From Domestic Violence Act (2005): This Law Can Be Opened In Cases Where The Act Of Disclosing Personal Information Within The Four Walls Of A Domestic Relationship Is Taken As Emotional Abuse And Or Harassment.
Bhartiya Nyaya Sanhita: Stalking Under Section 78 Of The Bns May Be Brought Against The Perpetrator When A Woman Is Stalked Or Harassed Especially On The Internet As A Result Of Something She Did That Went Viral.
Indecent Representation Of Women (Prohibition) Act (1986): This Makes It Illegal To Advertise Any Material That Portrays Women In A Negative Manner Or In Any Other Way That Is Degrading To Women.
One Can Talk To A Lawyer From Lead India For Any Kind Of Legal Support. In India, Free Legal Advice Online Can Be Obtained At Lead India. Along With Receiving Free Legal Advice Online, One Can Also Ask Questions To The Experts Online For Free Through Lead India.
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