When you wake up one morning and go through social media, you
discover, much to your dismay, that a picture of you is going viral.
This is not just any old picture; it's an immensely private one that
you won't want anybody to see. Yes, those are your naked photos.
There is nothing more horrifying and torturous than this. It can
make you shiver and feel like your worst nightmare when you consider
it. However, this is not unfeasible. This horrible crime has so many
victims. While some manage to overcome it, others ultimately commit
suicide.
Cases involving numerous forms of online harassment, such as child
pornography, sextortion, online blackmail, etc., have increased in
tandem with the boom in COVID-19 cases. Eight in ten Indians have
experienced some kind of online harassment, while 41 per cent of
women report having experienced sexual harassment online. These
findings come from a poll. The number of people searching for
"nudes" in addition to "Coronavirus" has increased significantly,
according to data that Forbes released.
THE SOURCE THROUGH WHICH THE NUDE PHOTOS WERE LEAKED
The first thing that comes to mind is how these pictures could
have been released in this way. There are two possible responses
to this query:
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1. The pictures were originally on your phone, and they were
released because you were the victim of a cybercrime.
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2. The second thing is the pictures you shared with a partner or
someone you had confidence in.
In the first case, this is not something that can be predicted. In
the second case, even if the victim published the nude photos in
error, he or she never intended for them to be seen by the public.
These pictures can be downloaded and shared on numerous other
websites because of the abundance of voyeuristic websites available.
This makes determining the problem's origin very challenging.
However, it's crucial to make an effort to recall whether or not
these pictures were ever shared.
In one instance, a woman in Bengal had some indecent photos on her
phone when she unintentionally dropped it. After borrowing his phone
from an unknown individual, he deleted the pictures from her phone
and gave it back. She ultimately committed suicide as a result of
her nude photos being revealed. This is really surprising, and
nobody could have predicted that photos might also be leaked in this
way.
COURSE OF ACTION THAT THE VICTIM CAN TAKE
Since the root of the issue has already been established, finding
solutions is now crucial. A victim has several options for
resolving the problem:
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1.The victim is not at fault First and foremost, the victim must
acknowledge that they are not to blame. It is human nature for
people to begin blaming themselves when they find themselves in
such circumstances. They worry that their reputation will be
damaged and that others will point the finger at them. Suicide
is frequently the result of these worries for the victims.
However, the victim must realise that even if they have shared
their nude photos with someone and that person makes public or
threatens to make public, it is not the victim's responsibility
because they never gave their permission for their personal
images to be made public. The individual responsible for making
these images public bears responsibility, as they have violated
the privacy of the subject and betrayed their trust.
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2. Discuss it with a helpful person. It is imperative that you
discuss it with someone who can help you and comprehend the
circumstances. That someone might be your parents, a dependable
relative, a counsellor, or anyone else you can put your trust
in. They may be upset or astonished, but you need to tell them
since they will eventually hear about it from someone else. If
you tell them yourself, you can also receive support from them.
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3. Don't remove the proof. What would be your initial thought if
you received your naked photos or saw them spreading online on
certain social networking sites? Naturally, you would be shocked
and might want to remove it, but that is a mistake you must
avoid because the screenshot is proof that will come in handy
when you file an F.I.R. Always take a snapshot first. Take a
screenshot and keep a record of any conversations you have with
the individual who is blackmailing you or who shared your naked
photos.
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4. Reach out to the websites. In these situations, the victims'
top aim is to have the pictures taken down from the internet in
order to stop the photographs from spreading further. Therefore,
a request ought to be sent to the website hosting those images.
The victim may ask the court for an injunction to prevent the
photos from being used or published elsewhere. If a post tags
you, untag yourself first before reporting the content on the
website. If you want to take pictures and other content out of
search results, you can get in touch with Google.
Nowadays, the majority of websites offer the ability to report
information, after which they may immediately remove it.
Additionally, some websites take action against the poster by
removing or suspending their account. Few websites even demand
payment to have the photographs taken down, which is illegal in
and of itself.
Every day, new websites are created, and some of them might not
have regulations prohibiting abuse based on images. In the event
that the website where your photograph is placed lacks a
mechanism for reporting abuse based on images, carefully review
their terms and rules, which are typically found in the website
footer. Keep an eye out for policies that cover reporting
procedures, non-consensual image sharing, harassment, and
image-based abuse, as well as nudity. It is not suggested to get
in touch with them personally if they do not have any such
policies.
Never provide them any personal information, including
your email address (if you are writing a letter using an email
account other than your primary one), ID, etc., even if you are
contacting the website directly. It is best to refrain from
giving out personal information since people frequently attempt
to make people feel inferior by publishing their email
addresses, personal information, and requests to be removed.
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5. Get a complaint registered The victim is required to register
a complaint. The victims are sometimes reluctant to come forward
because they fear societal shame, but they must because by doing
so, they will not only protect themselves but also those who
might one day fall victim to the same crime committed by the
same offender. In every city, there are three locations where a
complaint regarding the suspect can be filed:
Cyber cells: Specifically designed to support those who have
been the victims of cybercrime. Such crimes fall under the
purview of the crime investigation department. You can register
a formal complaint at a nearby police station if your
neighbourhood does not have a cyber cell. It is mandatory for
the police station to register an F.I.R., therefore if you are
having any trouble getting it filed, you can contact the police
commissioner.
The National Commission for women: The purpose of this
organisation is to assist victims of online harassment in
contacting law enforcement. Among the commission's powers is the
authority to form an inquiry committee, which can quickly
expedite the investigation by conducting spot inquiries,
gathering evidence, questioning witnesses, and calling the
accused.
Reporting on social media platforms: The victim has the option
to report the incident on social media platforms. The majority
of websites offer the ability to report crimes, and as required
by the IT Rules of 2011, they must act to stop the crime from
spreading and take action within 36 hours.
LAWS THAT CAN SHIELD THE INJURED PARTY
Laws designed to safeguard victims exist. Knowing your rights and
knowing the law is on your side becomes important when the number of
crimes is rising alarmingly. The perpetrator may be prosecuted under
several provisions of the IT (Information Technology) Act and IPC
(Indian Penal Code), if the victim's indecent or nude photos are
uploaded without permission.
INFRINGEMENT UPON THE RIGHT TO PRIVACY
Every individual is guaranteed the right to privacy under Article 21
of the Indian Constitution. Although accessing pornographic content
is allowed, hosting and sending it is criminal by law. The act of
viewing, downloading, creating, and publishing child pornography is
illegal according to the IT Act (Amendment) of 2008. There are
concerns such as why these photos, which infringe upon someone's
privacy, are even made public. This question lacks a conclusive
response. One cannot be prosecuted for any wrongdoing if they use
these pornographic websites in secret. Regulating instead of
restricting use should be the main goal. Regulate it when someone's
privacy is being violated, since the freedom to peruse offensive
photographs on the internet should not infringe upon the victim's
right to privacy when their personal images are being disseminated
without their permission.
When a victim observes their privacy being infringed, they become
agitated. In addition to feelings of shock and humiliation, the
person's character is also being questioned. Unaware of the precise
culprit, those in their immediate vicinity begin pointing fingers
and disparaging them by name. The victim of nudity that spreads
without their consent must deal with shame in Indian society, where
it is taboo to even discuss sex. The existing legal remedy is
insufficient.
In these circumstances, it becomes crucial to discuss the victims'
right to privacy and to take a more comprehensive approach to
handling these problems. Although it hurts to see your naked photos
floating over the internet, the victim must remain composed and have
faith in the legal system in our nation. The public must also
realise that those whose nude photos are posted are already victims
and in pain; rather than receiving harsh criticism, they should
receive comfort and assistance from those in their immediate
vicinity.
