File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Revenge Pornography: A Socio Legal Impacts

Pornography is a depiction of erotic behavior which has the intention to rose the sexual excitement. It is represented in books, pictures, videos etc. Printing technology had advanced enough to allow the production of written and visual materials to appeal to audiences of all socioeconomic levels and sexual tastes. Pornography is a modern history of western culture, which began with the Enlightenment (18th century).

Revenge Pornography

Revenge Pornography means misuse of someone's personal data it deals with stalking. It deals with distribution of sexual images or videos without permission. Generally, revenge pornography is associated only with females but this is not the truth even means as well as other genders are also victims of revenge pornography.

When someone's nudes or semi-nude's photos or videos are uploaded on internet/social media without the consent of that person it is known as revenge pornography. One may do this for several reasons such as force them to get involved in any sexual activity, or maybe to continue any kind of relationship, or to punish them in this way for many reasons. Revenge pornography is a type of cyber-crime it is a sub-type of cyber stalking.

This kind of work can be done by the person to whom the victim has send their personal photos or by the hacker. In such cases hacker hack the personal device and get access to all the personal stuff in the cell phone. Sometimes it is done to get some money form the victim or in some situation it is done to upload such video/photo on social media. It is also done to blackmail a person for getting physical or fulfilling monetary requirements. It is also a type of domestic violence.

Difference Between Pornography Ans Revenge Pornography

The basic difference between pornography and revenge pornography is, the content in pornography is made with the purpose of uploading on the social media but in case of revenge pornography the video is uploaded on the social media without the consent of the victim and the victim don't know his/her video is leaked on the social media platform.

The most important difference is the consent of the party is there in the pornography but in revenge pornography there is no consent of the victim, revenge porn is realistic and this is very private and personal.

Reason Behind Reveenge Pornography

There are various reasons behind revenge pornography such as:
  • The person or hacker wants money from the victim that's why he is blackmailing the victim. Or by releasing the personal video or photos he will get money from the website.
  • In many cases this is done by the person whose girlfriend have dump him. Many boys do it as a revenge. Or to do show off in front of other people.
  • It is also done to defame the character of a person.
  • It is done for destroying the career of the competitor by leaking their videos for examples photos and videos of many politicians, social workers, businessman or people from any other profession are leaked to show the negative image of the person which eventually destroys their career.

Impact Of Revenge Pornography On Society And Law

Revenge pornography is the serious problem faced by the society. Due to leaking the personal videos or photos of the victim can cause mental pressure on the victim and in the era of internet it can be the reason behind bad relation with the society and can cause social isolation. It equally harms children's and porn are injurious for the children's less than age of 18. And in 21st century every person has access to internet where access to porn is such an easy thing. This is dangerous to mental health.

In India there is no specific law on revenge pornography but the accuse is punished under various section The punishment under IPC and IT Act. IT Act section 66E, 67 and 67A. IPC 500, 504, 506, 509, 354A, 354c, & 354.It has a severe impact on character, social image, career, family of the victim.

Revenge Pornography Protection Under Indian Law

  • Revenge pornography is a crime it is punished by both imprisonment and fine.
  • There is no law which ban someone from watching pornography in personal space.
  • After the Supreme Court's order, the Department of Telecommunication banned the several websites containing child pornographic material.
  • As per the Information Technology (IT) Act, 2002, it is punishable to show children any pornographic content
  • Section 500: Defaming the concerned persons
  • Section 504: Intentional insult with intent to provoke breach of the peace
  • Section 506: Punishment for criminal intimidation
  • Section 509: Word, gesture or act intended to insult the modesty of a woman
  • Section 354: Outraging the modesty of a woman
  • Section 354A: Sexual harassment and punishment for sexual harassment
  • Section 354C : Voyeurism
  • Section 354D: Stalking

Case Laws
State of West Bengal vs. Animesh Boxi
The Judicial magistrate of Tamluk District court in West Bengal found that Animesh Boxi was guilt for uploading his intimate photos and videos of his former girlfriend on pornography website and was sentenced to 5-year imprisonment along with fine of Rs. 9000.

Subhranshu Rout v. State of Odisha
The victim where the couple. And once when the victim was alone in the home the perpetrator went to her house and assaulted her and recorded the horrified incident and blackmail her to cover the incident. When the victim told her partner about the incident then her video and photos were released on Facebook. The court rejected his bail.

Preventive Measures
Revenge pornography can seriously damage or destroy the life of an individual. So it is necessary to know the preventive measures of revenge pornography. So, the prevention can be taken at two levels one is at a personal or individual level and other is at a legal level.

In order to prevent revenge pornography at the personal level, you should be very careful at all the possible times. you should be careful while changing your clothes make sure all the windows are closed, you are not visible to anyone, while using changing rooms while shopping in shops or malls be careful and check whether there are hidden cameras, while staying at hotel or lodge check whether there are hidden cameras or not, while bathing makes sure your windows are closed.

Beware while making friendships and relationships. Avoid taking and sending nudes to anyone. Be careful with your mobile phones and gallery. Your photos and videos should be leak proof. Always use verified apps and keep passwords.

Be very careful while being physical with anyone because your intimate photos or videos can destroy your career, character and even your life.

So, you should always keep a check on your surrounding and the people who are close to you. Most importantly you should always maintain privacy in your life to protect yourself from such crimes.

The porn websites and social media should be regulated by a government body to monitor the content that is uploaded. The porn websites should ensure that the content that is uploaded has the consent of the participant in the video.

There are also legal measures for prevention of revenge pornography, that are making strict laws for revenge pornography that no one dares to do this offence. Cyber cell should have a special team that works on these cases, there should also be a special help line to help the victims of revenge pornography. The laws made should be neutral for all genders and treat all genders equally. Check your online presence carefully to ensure your cyber presence is valid.

So, this are the preventive measures that each an everyone should follow now a days because it is the need of an hour irrespective of your gender.

Conclusion
Online releasing photos and video is a crime. Never trust anyone and share the personal photos or video. Beside that we should create a safe environment for the victim who have suffered from this and there should be a proper law. As the united state government has the strict law on the revenge pornography, same the Indian government should also make strict laws on the revenge pornography.

We should always keep our personal device updated and locked with password and should not download and unsecured app or website which can increase chances of getting phone or other device hacked. If any such situation happen victim should immediately give complaint so that the video or photo, can be removed as soon as from the internet. All the porn websites should be banned in India.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

Increased Age For Girls Marriage

Titile

It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Sexually Provocative Outfit Statement In...

Titile

Wednesday, Live Law reported that a Kerala court ruled that the Indian Penal Code Section 354, ...

UP Population Control Bill

Titile

Population control is a massive problem in our country therefore in view of this problem the Ut...

Privatisation Of Government Sector

Titile

Privatization of presidency Sector Although in today's time most of the services provided in ou...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly