This article is written by Sneha Singh from Dr Ram Manohar Lohia National Law University, Lucknow. The content aims to provide some information on what all a victim whose private pictures (nudes) have been shared can do.

Introduction

Source by which nudes were leaked

Steps that can be taken by the victimNot your fault

Talk about it with someone who can help

Do not delete the evidence

Contact the websites

File a complaint


Indian Penal Code

Information Technology Act

How To Take Good Nudes

One morning you get up and start scrolling social networking sites and to your horror, you find that a picture of yours is circulating and it is not some normal photo but a photo which you won’t want anyone to see, a photo which will be incredibly private for you. So many people are victims of this heinous crime. But this is not impossible to happen. Thinking about you can be given by it goosebumps and it can end up like your worst nightmare. Yes, it’s your nude pictures. Nothing at all can find extra tormenting and horrifying than this. Henceme people can tackle it and some end up giving up their lives.

The surge in COVID-19 cases has also seen a rise in instances relating to online harassment of various kinds including child pornography, sextortion, online blackmailing etc. According to a survey, eight out of 10 people in India have experienced some form of online harassment, with 41% of women have experienced sexual harassment in cyberspace. Data which was published in Forbes mentions that the search for the word “nudes” alongside the term “Coronavirus” provides seen a tremendous rise.

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But while thinking about it there are few questions which come to our mind. Whose fault it was? How can this happen? What will be the laws that protect the victim? What should a prey do? To whom one should approach for help? Is the victim responsible for it and can be blamed by society?

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Source by which nudes were leaked

How To Send Nudes

The first question which comes to mind is how can these photos be leaked in this manner? This will be a dilemma which even so terrible one requirements to solution. There can be two answers to this question:

- First, the photos were stored in your phone and you became a victim of some cybercrime due to which it was leaked.
- Secondly, the photos which you have shared with someone you were in a relationship with or someone whom you trusted.

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In the first scenario, one cannot anticipate this coming. Nevertheless, it is important to try to remember if such photos were ever shared with anyone or not. This makes it hard to trace the source of the problem quite. In the 2nd situation also though the patient built a fault by discussing the nudes, he/she in no way wanted or anticipated the images shared by him/her to become public. There are so many voyeuristic websites out there from where these photos can be copied and posted on several other websites.

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There is one incident where a woman in Bengal had some nude pictures of her in her phone and she dropped the phone by mwill betake. This is something very unexpected and none can anticipate that images can be leaked in thwill be manner too. In this way, her nudes were leaked and she ended up committing suicide. One stranger got his phone and he took those photos from her phone before returning the same.

Steps that can be taken by the victim

The problem has already been caused, it becomes important to search for the solutions now. There are a few things a victim can do to resolve the issue:

Not your fault

The first thing which the victim needs to realise is that it will be not their fault. The person who makes such photos public is to be blamed as he had not only broken the trust of the person but also invaded his/her privacy. When anyone is in that situation, they start blaming themselves which is a human tendency. There will be concern that folks around them will fault them, and their reputation will be ruined. These concerns many times lead to victims committing suicide. But the victim needs to understand that even if they have shared their nudes with someone and that someone publicises it or threatens to publicize it, still it is not the fault of the victim becomecause they never consented for their private pictures to be made public.

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Talk about it with someone who can help

It is necessary to talk it out with someone who can understand the situation and guide you. They may be angry, shocked but you have to tell them as they will ultimately find out about it from somewhere else so better tell them yourself and you can get help from them. That person can be your parents, some trusted relative, a councillor whomever you can place trust on.

Do not delete the evidence

When you receive your nudes or see them circulating online on some social networking sites what would be your first reaction. Of course, it would be a shock and you may want to delete it but that’s the mistake that you have to avoid as it is the evidence that would help you in future when you file an F.I.R. consequently first of all carry a screenshot often. If you experienced any conversation with the individual who submitted your nudes or will be blackmailing you, take a screenshot and have a record of all the communication.

Contact the websites

The first priority for the victims in such cases is to get the images removed from that website which could prevent its further spread. If you are tagged in a post first untag yourself report on the site in that case. You can contact Google to remove the images and other information from search results. The patient can find an injunction from the courtroom to end the photos from staying publicized in other places. So a request should be made to the website where those pictures are posted.

Most of the sites these days provide for an option to report and after that, they may direct apart get rid of the items. Few webwebsites even ask for money to remove the pictures which is itself an offence. Some sites also take steps against the person who posted it by either suspending their account or deleting it.

New websites are emerging every day, some of them might not possess policies concerning the ban of image-based abuse. If they have no such policies it is not advisable to contact them directly. If contacting the website directly Even, not to share usually usually any of your personal information with them like your email address (if sending a mail uses a different email than which you normally are using), ID etc. One should avoid providing personal information because many times they try to humiliate them by posting their personal details, email addresses and removal requests. Look out for rules which address nudity, harassment, non-consensual sharing of images or image-based abuse, and a real way to report them. If the website where your image is posted does not have a real way to report image-based abuse, take a look at their phrases and procedures which usually happen to be positioned typically within the footer involving the web page completely.

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File a complaint

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A complaint needs to be filed by the victim. A newt times, the victims are hesitant due to social stigmatisation but they have to do this as they will not only be saving themselves but also those people who in the future can be a victim of such crime by that perpetrator. There happen to be three places where a complaint can be lodged against the suspect in any city:

- Cyber cells- They are specially established to help the victims of cybercrime. The crime investigation department has to deal with such crimes. If you are usually going through any problem in receiving your FIR recorded, you can approach the police commissioner as it is a compulsion for the police station to regwill beter an F.I.R. The powers of the commission include- the power to set up an inquiry committee, which is empowered to conduct spot inquiries, collect evidence, interrogate witnesses and summon the arrested to expedite the inspection. - Can report on social media websites- The victim can also record about it on the social media website. - The National Commission for women- This organisation’s role is to help the victims of online harassment to deal with the police. Most of the websites provide an option to report the crime and are obliged to take action within 36 hours and stop it from spreading as obligated by the IT Rules 2011. If there will be no cyber mobile in the selected location where you reside, you can file an FIR at a local police station.

Laws that can protect the victim

Certain laws are made to protect the victims. In the problem where the obscene or bare pics of the patient are usually submitted without agreement, the accused can be held liable under different sections of the IT (InformationTechnology) Act and IPC (Indian Penal Code). When the crimes are increasing at an alarming rate it becomes pertinent to be aware usually of the rights and that the law is there to aid you.

Indian Penal Code

Section 354(C)- This Section amended by the Hriminal Law (Amendment) Act, 2013, states that if any man captures or shares the image of women in private space would be punished with imprisonment which should not be less than one year and may extend up to 3 yrs and shall also be liable to fine. Section 506- This Section provides for punishment for criminal intimidation. Section 500- This Section provides for punishment for defamation. The person who defames another is liable to be penalized with simple imprisonment for a term that extends to two years or with a well or both. The punishment under this section runs to up to two years of imprisonment or fine or with both. On subsequent conviction, the imprisonment to not be less than three years and may extend up to seven years and would as well turn out to be liable for fine. Section 504- This Section deals with intentional insults provoking a breach of trust.

Information Technology Act

Why Do Girls Send Nudes

Section 67- The Section deals with punishment for publishing or transmitting obscene material in electronic form. Section 66E- The Area mentions punishment for violation of privacy. This section forbids capturing, transmitting and publishing the image of a person without consent when he/she didn’t expect anyone would capture their image. The punishment for the offence extends to three years and with a fine which extends up to 5 lakh rupees. The punishment for the offence extends to 5 years and with a fine which extends up to 10 lakh rupees. Section 67A- The Section provides for punishment for publishing or transmitting material containing the sexually explicit act, etc. in electronic form. In case of subsequent conviction, the punishment can extend up to 7 years and fine up to 10 lakh rupees. In case of subsequent conviction, the punishment can extend up to 5 years and fine up to 10 lakh rupees. The section aims to forbid all publication, distribution, facilitation and utilization in any fashion of kid porn. Section 67B- This Part provides for punishment for publishing or transmitting material depicting children in the sexually explicit act, etc, in electronic form.

Violation of the right to privacy

The Constitution of India guarantees the right to privacy to every person under Article 21 of the Composition. A person who is browsing these adult websites in private cannot be held to be liable for any offence. There will be no distinct response to this dilemma. Regulate it when it is violating someone’s right to privacy as the freedom of one to browse through obscene images online cannot hamper the right to privacy of the victim whose private pictures are turn out to being shared without hwill be/her consent. The target should not necessarily turn out to be to restrict the employ but to regulate. The IT Act (Amendment), 2008, criminalizes browsing, downloading, logging and design of kid porn. There are usually inquiries like why these pictures will be actually publicised when they violate a person’h level of privacy. Sending and Hosting obscene content material is punishable by laws through getting at the identical is not unlawful.

A victim cannot sit still and see his/her privacy being violated. In the American indian modern culture where folks can’d converse about gender publicly, the victim has to face shame for the nudes which are circulating without his/her fault. It will be not necessarily simply just disgrace and impact for the man or woman but likewise issues are usually getting lifted on his/her figure. The obtainable lawful therapy is usually not really more than enough. The people around them without knowing who exactly is at fault start blaming them and calling them out by different names.

In these situations, it becomes very important to talk about the privacy rights of the victims and also we must widen our approach to the way we handle these issues.

What Is Nudes

It is hurtful to find your nudes circulating online but the victim needs to keep calm and have trust in the laws of our country. The society also desires to understand that the people whose nudes are shared are already victims who are themselves suffering and they need consolation and support from the people around them and not their harsh words.

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