The Present Epoch Of Digitization Has Made The Non-Consensual Publication Of Personal Photographs Or Videos Incredibly Hurtful, Intrusive, And Destructive To One’s Identity. The Situation Becomes Even More Alarming When An Ex-Partner Enjoys Exposing Private Details To The Public For Reasons Such As Resentment, Anger, Or Other Malicious Reasons. In India, The Law And Society Provide Safeguards And Remedies To Persons Faced With Such A Situation.
Steps To Take If Your Ex-Partner Shares Personal Photos Or Videos Publicly
Stay Calm And Assess The Situation:
Determine The Means And Methods Of Content Dissemination. Did It Cover Things Like Chat Services, Platforms For Social Interaction, Or Other Portals Instead? Consider The Planning Of Your Answer With The Spread Of The Distribution In Mind.
Note The Time And Date Content Was Accessed And Take Screenshots And Urls. Evidence Is Crucial For Every Police Report Or Action Taken. Do Not Delete Any Emails And Text Messages Related To That Incident.
Seek Support From Trusted Friends Or Family:
In Such Situations, It Is Common To Have Feelings Of Vulnerability And Isolation. Turn To Reliable Family Members, Friends, Or Close People For Emotional Assistance. Their Support May Be Of Great Help In Helping You Stay Calm And Make Reasonable Decisions.
Informing A Trusted Individual Of The Situation Can Relieve The Distressing Trauma Experienced Concerning The Breach.
If You Are Feeling Overwhelmed, Friends And Relatives Can Come To Your Assistance And Relieve You Of The Social Media Responsibility, Contact Authorities On Your Behalf, Or Help In Gathering Information.
Contact The Platform Where The Content Was Shared:
To Manage The Posting Of Revenge Porn Or Non-Consensual Intimate Images, Social Media Platforms Like Facebook, Instagram, Twitter, And Youtube Incorporate Mechanisms For Users To Report Such Incidences. Please Make Use Of These Mechanisms To Complain About The Content And Request Its Removal.
If The Malicious Item Was Distributed Via A Messenger Such As Telegram Or Whatsapp, One Can Always Turn To The Support Service Of The App In Question.
If You Wish To Have The Content Taken Down After It Has Appeared On Any Particular Platform, You Can Reach Out To The Server Or The Administrator Of The Site In Question.
Legal Recourse In India: Sharing Personal Photos Or Videos Publicly
Filing A Complaint With The Cyber Crime Cell:
The National Cyber Crime Reporting Portal (Https://Cybercrime.Gov.In/) Provides The Option Of Filing A Report Electronically Or Finding Cyber Crime Cells In Major Cities.
Attach Screenshots, Links, And Any Communications Related To The Evidence Collected In Your File. This Will Be Used By The Authorities To Fortify Their Case.
If The Cybercrime Unit Fails To Respond Immediately, Do Not Hesitate To Lodge A Formal Complaint At The Nearest Police Station. In Case The Police Refuse To Register It, You May Approach The Court Or Higher Authorities.
Legal Provisions Under The Bharatiya Nyay Sanhita:
Described In Section 77 Of Bns (Voyeurism) Are Offenses In Which A Person Without Prior Consent Captures Or Transmits Images Showing Another Individual’s Private Parts. The Respective Offender Is Liable And Upon Conviction Faces An Imprisonment Term Of Not More Than Seven Years.
About The Crimes Prescribed In Section 79 Of Bns (Insulting The Modesty Of A Woman), This Provision Can Be Invoked When The Offensive Material Is Published For The Purpose Of Or With The Effect Of Harming The Dignity Of A Woman And Shall Entitle The Offender To A Punishment Of Imprisonment Of Up To Three Years And A Fine.
Provisions Under The Information Technology Act:
Under Section 66e (Breach Of Privacy) Sharing Private Photos Without Permission Is A Breach Of Section 66e, Which Carries A Maximum Three-Year Jail Sentence And A Fine.
Section 67a (Obscenity) May Be Used If The Shared Content Is Obscene, Which Carries A Maximum Sentence Of Seven Years In Jail As Well As A Fine.
Consult A Lawyer Specializing In Cyber Law
Consulting With A Criminal Law Expert Or A Cyber Law Lawyer Enables You To Understand Your Legal Options Better And Prepare A Convincing Case. They Can Assist In The Following Ways:
An Attorney Can Assist You In The Preparation Of The Complaint, Filing The Fir, And Other Liaisons With The Police.
Should You Wish To Take Legal Action Against The Perpetrator For Their Wrongful Actions By Way Of Monetary Compensation And/Or For Pressing Criminal Charges Against The Perpetrator, They Can Stand In As Your Attorney.
A Similar Support Structure May Be Employed In Relation To Lawyers Where All Legal Actions Taken In Support Of A Case Are Done As Provided By The Law.
Consider Taking Steps For Online Reputation Management
Online Reputational Risk Management Interventions Are Developed In Partnership With Appropriate Professionals To Ensure That Negative Content Is Pushed Down In Search Engine Rankings.
For Certain Organizations, The Process Of Putting Removable Or Removing Offensive Materials Off The Net Is The Main Business.
If The Material Was Posted Using Such Networks, Consider Changing Passwords, Enhancing Security Settings, Or Conceivably Even Suspending Your Social Network Accounts During The Period Of Potential Exploitation Of The Content.
Prevention Measures For The Future
Digital Information Is Likely To Be Misused. Thus, Do Not Share Any Personal Or Confidential Information Over The Internet, No Matter How Close You Are To The People In Question.
New Messaging Platforms And Social Media Should Be Accompanied By The Use Of Complex Passwords, Enabling Two-Step Verification, And Being Vigilant.
It Can Be Wise That You Know Your Legal Entitlements As Well As The Statute Governing Cybercrime And Data Privacy In Case There’s A Need For You To Act Swiftly.
One Can Talk To A Lawyer From Lead India For Any Kind Of Legal Support. In India, Free Legal Advice Online Can Be Obtained At Lead India. Along With Receiving Free Legal Advice Online, One Can Also Ask Questions To The Experts Online For Free Through Lead India.
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