Introduction

An irreplaceable asset in today’s world for a person is their privacy, dignity, respect and safety. The invention of the internet and the existence of social media has certainly connected us all to a global platform where communication and collaboration was effortless, but joining it comes with its own risks, and one such risk is lack of privacy.

We humans are generally motivated by knowing what is happening inside and around us; we tend to invest our shares in the lives of others, which has now become easier thanks to various social media. Revenge pornography, or sharing intimate images without consent, is one such risk that has increased over the years, with the aim of threatening, brutally humiliating and using a person’s shame for selfish pleasure.

We live in a society where rape, prostitution, human trafficking, public humiliation, acid attacks, honor killings, dowry etc. The bitter truth of society is that even with proper education and knowledge of the circumstances, society raises questions about the victim’s behavior instead of taking a stand against the criminal. Social media is now a target for such malicious people who target innocent people and use their private moments  to torture and blackmail them to satisfy their barbarity.

Before we read more about revenge porn, let’s first find out what is pornography? Presenting sexual activity to excite one person is called pornography. It can be understood as a clear presentation of sexual activity that focuses only on sexual pleasure and nothing else. Various researchers and theorists argue that pornography represents a patriarchal society that views women as objects that must always be silent and subservient to them. There have been various studies that show that these pornographically provocative videos have deceived viewers and often show excessive violence against a person. Now that we are aware of pornography, let’s look at the topic of revenge porn in a little more detail and what it is all about. Revenge pornography refers to the misuse of a person’s personal information and involves stalking and intimidating behavior. It concerns the dissemination of explicit images and videos of a person’s intimate time online without the person’s consent, with the aim of publicly slandering the person and causing shame and humiliation.

Usually, when such crimes are mentioned and carried out, it is assumed that only women go through such a traumatic experience, but this could not be further from the truth. This form of non-contractual pornography involves sharing material online or offline, such as uploading and sharing on the Internet, adult websites, social media, sharing via email, etc. The reason for such an unethical act can be as simple as feeling betrayed, anger, resentment for the actions of people or even just a desire to harm others to satisfy one’s fragile ego. Yet nothing is said or done to justify such immoral actions. People who indulge in such actions for a moment of anger or temper are often shallow and lack empathy for others.

The difference between revenge porn and regular porn is the purpose for which the video was made. The parties of the pornographic video are aware of  the purpose behind the creation of the video and are aware what the video is created contains and agree to upload the video at their own will; whereas in revenge pornography cases pornographic content is often uploaded as a means of intimidation where offender seeks to ruin the reputation of the victim and in most cases the victim is not aware of this kind betrayal or revenge. Also, the purpose and motto of the uploading such content to the website is different.

If the porn content is uploaded to increase the ratings of the porn star, to make a profit and to build a name and gain popularity; the idea behind revenge porn is to hurt the victim and humiliate the victim’s family and cause irreparable damage to the victim’s character. There are also cases where the photos of the victim have been changed into images of porn stars with the help of modern technology, tarnishing their name and character in society, although the victim is not really guilty. Those films or images are taken covertly without the knowledge of the person and are used as a source or source of shame or even in certain cases these videos are used as blackmail material.

Porn films are exaggerated videos that are filmed in a similar way to films with regular high definition cameras, with the aim of profiting from these films. They have no reality and are often based on a story that the stars are acting. These are not intimate private moments between people, but the collective work of the entire team that benefits from the distribution of this film.

Revenge porn is a crime

The intentional distribution of non-contractual porn on the Internet is a type of cyber bullying that occurs when an acquaintance of the victim or a hacker posts a private intimate moment of the victim online as a tactic to punish or humiliate the victim. Cases of revenge porn often make news for celebrities, who often publicly confront such stalkers.

Legally, revenge pornography is a form of cyber sexual harassment and in some cases is defined as cyber bullying. Cases of revenge porn are on the rise in our country, and new technological advances are not helping matters. The distribution of such non-consensual content is often considered virtual rape because it offends a person and causes a person’s life value of trauma and confusion. Because revenge pornography is considered a cybercrime, it can be punished with imprisonment and fines. In such scenarios, the prison sentence may continue depending on the severity of the crime committed, the age of the victim, etc. The perpetrators of such a crime are usually sentenced to 3 years in prison. However, under certain circumstances, the prison sentence can be extended to five years. This decision is based on the seriousness of the crime and the damage caused to the victim of the act. Countries like India; USA etc strictly prohibits revenge porn and they have strict rules that can be enforced against the perpetrators of such crime. There are several laws enforced by the state authorities to give justice to the victims of this heinous crime. Unfortunately, compared to the US and other similar foreign countries, India has not made a new great law regarding this content distributed on the Internet. But there are laws that cover this aspect and allow the government to punish the criminal in the best way possible while giving  a sense of justice to the victim. Because there is no specific law in India that focuses on revenge pornography; the accused or the criminal is punished by different acts under different sections. The penalties imposed on the offender are under the Information Technology Act and the Indian Penal Code. According to the Information Technology Act: – Section 66E: Intentional recording, photographing or publication of a person’s private area or violation of a person’s privacy section 67: Transmission of private media or personal photographs in  electronic form that is obscene or attractive to the passionate interest or tend to corrupt. and violates the name and image of a person section 67A : Punishment under the Indian Penal Code for publishing, photographing, presenting and broadcasting material containing sexual acts etc. in electronic form: – Sections 500: Defamation of relevant persons Section 504: Intentional insult to a person with intent to provoke a breach of the peace and disturb one’s life section 506: Punishment for criminal intimidation section 509: Words, gestures or actions done with intent to insult the modesty of a woman section 354: Outraging the modesty of a woman section 354A: Sexual harassment and punishments for sexual persecution section 354C: Peeping; section 354D: Stalking

Conclusion

First important point is that the victim does not take the initiative to contact a lawyer, the authorities that can legally help them obtain their rights. There are no specific laws on revenge pornography cases where the victim can get full assistance to justice. But the government has guaranteed legal measures to prevent revenge pornography. The government is also drafting strict revenge pornography laws so that no one dares to commit this crime. The government can involve a cyber cell with a dedicated team to focus on these cases; there should also be a dedicated helpline to help victims of revenge porn. Enacted laws must be neutral and benefit everyone regardless of gender. You should closely monitor their online or social media presence and provide information carefully to ensure that your cyber presence is secure. Porn sites and social media must be regulated by an authority to monitor uploaded content and keep records of all up-loaders.

Porn sites must ensure that uploaded content has the consent of the video participant and a method to remove consenting content and help law enforcement agencies track and punish criminals. Victims need not only the support and care of legal authorities, but also the support of their families and loved ones. They need empathy and understanding to help them overcome the pain and embarrassment of exposing themselves in this way.

Reference 

Aditya Krishnan, Revenge Pornography, https://www.legalserviceindia.com/legal/article-2179-revenge-pornography.html#:~:text=The%20IT%20Act%20deals%20with,be%20not%20exceeding%203%20years  

Sanika jadhav, revenge pornography: a socio legal impacts, https://www.legalserviceindia.com/legal/article-8992-revenge-pornography-a-socio-legal-impacts.html#google_vignette

Raslin saluja, What to do if you are a victim of revenge porn, https://blog.ipleaders.in/victim-revenge-porn/  

John mascolo, state revenge porn laws, https://www.findlaw.com/criminal/criminal-charges/revenge-porn-laws-by-state.html