"Saying, 'I don't care about privacy because I have nothing to hide,' is like saying, 'I don't care about freedom of speech because I have nothing to say.' It's a fundamental principle of liberty." -- Edward Snowden

The quote by Edward Snowden highlights the importance of privacy and consent when it comes to sharing personal information online. This is particularly relevant in the context of non-consensual nude image invasion, which has become a significant issue in India. In the digital age, where the boundaries between the public and private spheres are ever-shifting, the concept of privacy has become increasingly ambiguous. We find ourselves navigating a complex web of interconnected devices and platforms, willingly sharing our lives, thoughts, and images with the world at the mere touch of a screen. But nestled within this digital landscape lies a shadowy threat - the non-consensual sharing of intimate images.

The use of digital technology has revolutionized the way we live, work, and communicate. However, along with its benefits come new challenges, especially when it comes to issues related to privacy and security. One such challenge is the growing problem of non-consensual nude image invasion, where someone's private images or videos are shared without their consent. This issue has become increasingly prevalent in India, where the lack of adequate laws and enforcement mechanisms has made it difficult for victims to seek justice.

As we peel back the layers of this pervasive issue, we'll uncover not only the personal stories but also the legal complexities that entangle the pursuit of justice , we'll shine a light on the urgent need for comprehensive legal reforms, technological innovations, and societal empathy.

• Issues with Existing Laws:
  • Lack of Specific Legislation: India lacks dedicated legislation that directly addresses revenge porn. The absence of clear, comprehensive laws specifically targeting this issue leaves victims without proper legal remedy.
  • Inconsistent Application of Laws: Existing laws, such as sections 354C and 509 of the Indian Penal Code (IPC), are used to prosecute revenge porn cases. However, their application varies across different states and jurisdictions, leading to inconsistent outcomes.
  • Inadequate Penalties: Penalties under current laws are often insufficient to deter offenders. Many revenge porn cases result in minor punishments, failing to provide a strong deterrent effect.
  • Jurisdictional Challenges: The borderless nature of the internet presents jurisdictional challenges. Determining where the crime occurred can be difficult, leading to delays in investigations and legal proceedings.
     
• Loopholes Exploited by Perpetrators:
  • Anonymity and Encryption: Perpetrators often exploit anonymity and encryption technologies to evade identification and prosecution. They use pseudonyms and encrypted platforms to share explicit content, making it challenging for law enforcement to trace them.
  • Lack of Awareness: Many people, including law enforcement personnel, have limited awareness of the nuances of cybercrimes like revenge porn. This results in cases being mishandled or not pursued effectively.
  • Social Stigma and Victim Blaming: Victims of revenge porn often face social stigma and victim-blaming, discouraging them from reporting incidents. This further perpetuates a culture of silence around such crimes.
  • Inadequate Support for Victims: Victims struggle to access support services, including counseling and legal assistance, due to the absence of a coordinated system to aid them in navigating the legal and emotional challenges they face.

Suggestive Measures
Criminalization of Non-Consensual Image Sharing:
Draft and enact legislation that explicitly criminalizes the non-consensual sharing of private intimate images. Define the offense clearly, including the threshold for consent, the types of images covered, and the penalties for violators.

Penalties:
Prescribe appropriate penalties for violators, including fines, imprisonment, or both, depending on the severity of the offense. Ensure that penalties act as a deterrent to potential perpetrators.

Cybercrime Units:
Establish specialized cybercrime investigation units within law enforcement agencies to handle cases of non-consensual image sharing. Equip these units with necessary technical expertise and resources.

Reporting Mechanisms:
Develop user-friendly and confidential mechanisms for victims to report non-consensual image sharing, both online and offline. Encourage reporting by ensuring victims' anonymity and protection.

Case Study:
Manya faced the aggression of an ex boyfriend when she ended an year-long relationship. She found her face photoshopped onto the explicitly nude clips and photographs and with her full name and college name written below. Her ex sent them to her himself saying that , " This is what you deserve for being a slut" just because she broke up and a couple of months later she started dating someone else. Her ex started posting this explicit content on Reddit threads and other social platforms, taking screenshots and sending them to her to prove that he could ruin her life and potentially manipulating her emotionally.

Manya was the courageous one and she approached the police for help. In the words of Manya herself, "The first time they started writing out my statement to file an FIR for harassment but then the officer asked me to show him these pictures and I didn't know what to do. It was clear that he was judging me. His tone was condescending and I told him that I would only show them to a female officer and there wasn't one present at the time".

Having returned the next day with her roommate for support this time, Manya says that the female officer was perhaps even more judgemental than the previous one, constantly asking her why she was even in a relationship, that it was against 'our culture' and being shamed for even being intimate with a man she wasn't married to. "She definitely shamed me. She started in a subtle way but once I showed her the screenshots she just seemed angry.

She said 'Aaj kal toh sab theek hi lagta hai ladkiyon ko. Party bhi karo, masti bhi karo, gandagi phelao, phir jab subha hoti hai to shor machao (girls think anything goes nowadays. First you party, have fun, spread filth and then when morning comes, you cry foul)." Maya left the station that day without filing a complaint.

Suggestion:

• There should be a strong mechanism within the technical world to eliminate these sensitive content, and there should be effective guidelines on social platforms regarding the posting of such content. Violators of these guidelines should be condemned and punished under the act of spreading explicit content and infringing the privacy of an individual by publicizing it.
   
• There is a need for a check and balance system on these legal services to ensure they are performing their duties morally.
   
• There should be an online forum to register these sensitive cases where one feels hindered in publicizing their personal experience.

Conclusion
In Conclusion, the criminalization of revenge porn, with clear definitions and severe penalties, is a foundational step. It must be complemented by a robust legal framework that expedites legal recourse for victims while respecting their anonymity and dignity. Victim support services, including legal aid and counselling, are indispensable in helping survivors cope with the emotional and legal challenges they face.

Technological solutions, such as content detection algorithms and user-friendly reporting tools, can significantly reduce the prevalence of revenge porn on online platforms. We can create a society where privacy, dignity, and consent are upheld as fundamental values, and where the dissemination of private intimate images without consent becomes an unthinkable breach of trust.

Reference:

• Sara H., "Surviving Revenge Porn - 3 Indian Women Share Their Experiences", Homegrown, June 08, 2021. URL: homegrown.co.in/article/803847/surviving-revenge-porn-3-indian-women-share-their-experiences
• Dr. Rohit Harishchandra Surawase, Mr. Vaibhav Mahadeo Bhagat, et.al., "Legal Challenges in the Digital Age: Revenge Porn in India" 54 UGC Care Group 1 32 (2024). URL: www.ugcjournals.com/54/legal-challenges-revenge-porn-india-2024
• Nitish Chandan, "How to Get Revenge Porn Videos Removed?", The Cyber Blog India, Jan. 28, 2017. URL: thecyberblogindia.in/get-revenge-porn-videos-removed/
• Emma Grey Ellis, "It's Time for Facebook to Deal With the Grimy History of Revenge Porn", WIRED, March 14, 2017. URL: www.wired.com/story/its-time-for-facebook-to-deal-with-revenge-porn