We are all currently living in the 21st century. This is a time and age where information travels across the globe in just a few seconds. People from all parts of the world can view this information from anywhere at any time. You can pass on information to others with just a single click of the mouse with the help of high-speed communication equipment and wireless devices.

Having said that, the digital era is predominantly a boon. But it also brings with it certain societal issues which can result in social isolation, problematic or damaged relationships, numerous negative health consequences, and mental illnesses. You may be wondering why I am talking about these issues now.

Just like how a coin has two sides, there are always two sides to any invention. The Digital era too has both a pretty and an ugly face. One such issue faced in our society today is non-consensual pornography. In more common terms, it is called revenge pornography.

Understanding Revenge Pornography

It is something similar to cyberstalking or cyber harassment. It is becoming increasingly prevalent. It can be defined as a tool used for humiliation or revenge where the personal or explicit photos or videos of an individual are released on the world wide web without their consent. In a majority of cases, the photos and videos are often taken by one individual and shared with the other when these people are in an intimate relationship.

Though revenge pornography usually happens where the relationship ends and the vengeful ex-lovers engage in such an act, it is not always the case. Another popular case of revenge pornography is an anonymous hacker or a stalker unlawfully gaining access to the intimate photos and videos of an individual.

You may wonder if all cases of revenge pornography only relate to vengeance. But it is not so. The term revenge pornography can be misleading as not all perpetrators indulge in it for the sake of revenge or humiliation. They are many others who also participate to distribute the explicit content just for the sake of entertainment or financial gain. Shocking, isn't it?

Revenge pornography has been around for more than a decade now. In 2012, a survey was conducted by match.com (a popular online dating service in Texas) involving 5000 adults, revealed that 45% of women and 57% of men received explicit photos from their respective partners and 35% of women and 38% of men confessed that they had sent their explicit content to their partners. The study further revealed that 94% of Americans strongly believed their intimate moments were safe in the possession of their partners. When it comes to revenge pornography, women are more likely to be the victims as they get more pressured to share their nude or intimate photos.

Another study by a welfare organization revealed that a staggering 90% of victims of revenge pornography turned out to be women. It is troubling to note that information can be shared instantly and to a wide audience online in just a matter of seconds.

The photos and videos are distributed through various sources such as messages, emails, blogs, social media, etc. As early as the year 2008, revenge pornography started surfacing on the world wide web. Today it is featured on more than 3000 websites. Though at this point, it is not completely possible to eliminate the explicit content as soon as they are released on the web, it is certainly extremely challenging.

Revenge Pornography and its Effects on Health

Revenge pornography has a lot of negative consequences attached to it as victims go through long-term personal and psychological issues as the very thought of their explicit content being out there on the internet and being watched by thousands and millions of people will haunt them for life.

A study revealed that 80-93% of victims suffered from emotional distress. This emotional distress can be in the form of depression, guilt, anger, paranoia, or even suicide. They may also isolate themselves from people around them and they will also face trust issues. Powerlessness and humiliation are some of the long-term negative consequences, as the victims are engaged in a battle of a lifetime to preserve their integrity and image. So they may suffer from certain enduring mental issues such as depression, low self-esteem, low confidence, withdrawal symptoms, and feelings of worthlessness.

Once they become victims of revenge pornography, they also face the risk of losing their jobs. Not all families would be supportive when they come across such a situation. There was one such case of a victim who was thrown out of her house, once her explicit content was discovered by her family. In her own words, "it ruined my life and I am still going through it. I lost my family. They think I brought shame on them. My reputation is ruined."

Termination of employment is one such thing that is worse than psychological damage as their whole life becomes a question mark. Some victims even think of changing their names to hide their past, as most employers engage in online searches to evaluate the potential of the job candidates. Revenge pornography is a type of cyberbullying which should be taken seriously, especially in the case of minors (those below 18 years).

Penalties Associated with Revenge Pornography

Some of the penalties from posting pornographic materials online include:

• Formal warnings
• Injunctions (an order or authoritative warning)
• Takedown notices
• Infringement notices (notice from a regulatory agency)

How the World Deals with Revenge Pornography: Laws in Place

Each country and each state has different laws for each crime. But on a general note, the crime of revenge pornography is defined as any individual having the intention to anger, harass, humiliate, or annoy another person. Legal action will be taken against anyone who distributes or publishes photos, videos, or films that depict an individual being engaged in a sexual act or show the private parts of any individual.

Overview of the Laws in Place for Revenge Pornography:

Below is the list explaining the laws that have been put in place by some of the states of the United States of America, to deal with revenge pornography.

1. California:
The acts that are prohibited are:

• Distributing photos where the victim can be identified
• Photos that carry the clear image of the victim
• Content published with the motive of causing tension or serious emotional distress
• The punishment is a jail term of up to six months with a fine of up to $1000.

2. Connecticut:
Any type of intimate image which is posted online without the consent of the victim and unlawfully disseminated to cause harm is treated as a Class A misdemeanor (wrongdoing of minor nature).

The following two situations are treated as a crime:

• Wantedly disclosing the intimate images of another identifiable person when there was a previous understanding between the person disclosing and the one depicted, that the image would not be disclosed at any cost and when the individual has posted the image intending to receive money.
• When the person who is depicted has not consented to the disclosure of the intimate information online.
• The punishment for this includes 180 days of jail term or a maximum fine of $1000 or a felony with a maximum fine of $125000 or three years in prison.

4. Florida:
The punishment for publishing intimate images without any purpose or doing it just for the sake of causing emotional pain to the depicted person is up to a year of jail term, misdemeanor, and a maximum fine of $1000.

5. Hawaii:
Here, posting personal photos of a person on the internet without their consent would result in a fine, a maximum jail term of five years, and will be regarded as a Class C felony.

6. Lousiana:
Posting partially nude or intimate content without the permission of the victim or using any electronic device or a medium of communication such as a mobile phone, computer or website would result in a fine of $10000 and a jail term of two years.

7. Pennsylvania:

• Any image or video posted to cause emotional harm or distress to the victim can result in a maximum of one year in jail and a maximum fee of $5000. 
• Kentucky, Indiana, Massachusetts, Montana, and Mississippi are some of the states that do not have any specific laws related to revenge porn.
• Having spoken about some of the revenge pornography laws in some of the states in the United States of America, let us now move on to learn some of the laws that are in place in India.

How the Indian Legal System Deals with Revenge Pornography

Though there are no laws in relation explicitly to revenge porn in India, there are certain statutes of the Information Technology Act and the Indian Penal Code which we will be discussing in this section of the article.

So, what are some of the legal recourses available to victims in India?

Section 67 A of the Information Technology Act is concerned with the punishment of an individual for transmitting intimate materials in electronic form. This act is peculiar and interesting as it also works to implicate the victims who create content voluntarily but only for private viewing.

In such a case, the victims themselves are at risk of being punished under the current laws. Many countries across the world take revenge porn very seriously and institute explicit laws of their own. In Wales and England, in the year 2015, revenge porn was deemed illegal. Though the US does not as such have a federal law, 34 states have created their laws to deal with revenge pornography. There are other countries like Canada, New Zealand, and Japan that follow suit.

In a blog called 'Surviving Revenge Porn', three Indian women who were victims shared their experiences. In this blog, they described how their photos and videos were used by their ex-partners to threaten them. Their clips were morphed and used on websites.

Among the three, only one woman approached the police to take the extreme step of filing an FIR. But unfortunately, she felt judged by both male and female officials. This woman left the police station without filing the complaint as the female officer went the extra mile and shamed her.

These three women emphasized the need for an efficient and exemplary support system of police officers and counselors who have the ability and specific training to deal with these issues rather than resorting to slut shaming.

Some of the popular cases in India are that of a law student and an engineer. They were involved in a blackmail racket where they blackmailed victims by downloading images from social media and uploading them on pornographic websites.

Another horrifying instance of revenge pornography was when the perpetrator who was the ex-lover of the victim, went to her house when she was alone and assaulted her and recorded the incident on his mobile. He then threatened to release the videos on the internet if she even thought of disclosing the incident to anyone. But the victim confided in her parents and the perpetrator was then arrested.

The British Broadcasting Corporation (BBC) news has reported about the increase in revenge pornography cases due to the pandemic and lockdown. It further stated that one in every seven women faces this issue and receives threats.

Laws relating to Revenge Pornography in India

In India, the sections of the IT act that deal with revenge pornography offenses are:

• Section 4 and Section 6 of the Indecent Representation of Women (Prohibition) Act (IRWA).
• Section 66E - Punishment is given in case of violation of the privacy of an individual. It includes publishing, capturing, or transmitting explicit snaps without their consent. This includes imprisonment of up to three years or a maximum penalty of Rs. 2 lakhs or both.
• Section 67 deals with transmitting or publishing sexual material electronically. Here, the perpetrator is subjected to a jail term of three years or a fine of Rs. 5 lakhs. In case of a second offense, the jail term will be five years and the fine will be Rs. 10 lakhs.
• Section 67 A - This deals with publishing obscene content electronically. Here, the prison time will be a maximum of five years and the fine will be a maximum of Rs. 10 lakhs. In case of a second conviction, the jail term will be seven years and the fine will be Rs. 10 lakhs.
• Section 67 B - This deals with the cases relating to minors. Any obscene content that is made involving children would result in a punishment of a jail term for five years and a fine of Rs. 10 lakhs.
• Section 72 - This deals with breaches of privacy and confidentiality.

Laws Relating to Revenge Pornography Under the Indian Penal Code, 1860

• Section 406 - This deals with the criminal who has committed the offense of breach of trust. The punishment is a jail term of three years, or fine, or both.
• Section 500 - This relates to defamation. Any individual involved in defamation will be imprisoned for a year or two years, along with a fine.
• Section 509 - This section punishes any individual who insults a woman through gestures, words, or sounds or intrudes on the privacy of a woman. The jail term for this will be a year or a fine or both.

Other criminal acts such as harassment, extortion, or revealing the victim's identity will be dealt with under the defamation laws of Sections 506 and 400 of the IPC.

Immediate steps to be taken by victims

1. Once you come to know that you have been subjected to revenge pornography, you need to report the incident to a cyber cell that is present in each state and union territory. Cybercrime cells have certain mechanisms in place to monitor websites from where videos are viewed, shared, or uploaded. Once they receive the complaint, the electronic items will be seized and sent to forensic labs.
2. Report the medium or website where you came across your image being circulated. Send a legal notice asking them to take down the content.
3. Gather the evidence and save screenshots of any blackmailing messages and the website on which the content is being circulated. This will help in filing a suit against the offender.
4. File a complaint at the nearest police or with the National Commission of Women. In cases of revenge pornography, it is not mandatory for the victim to be present to file the complaint. Anyone can do it on their behalf. The charges will be filed under sections 504 and 506 of IPC.

Even after following all these steps, if you are still not confident enough, you can always approach a lawyer who will guide you through the options. When being subject to revenge pornography, the first and foremost thing to keep in mind is to be calm and courageous. Do not panic. In case of high mental stress, you can approach a counselor or a clinical psychologist.

How can you Prevent Revenge Pornography Incidents?

The first and foremost step you can take from your side is to never share your personal information online and never trust anyone with your private information.

The other precautionary measures you can take are:

1. Protecting our devices with strong passwords. Never share them with anyone.
2. Encouraging children and parents to attend awareness programs that talk about the risks of sharing too much private content online.
3. Installing security software on your phones and computers.
4. Keeping a close watch on your online presence.
5. In case your photo has been taken without your permission, never be afraid to ask the opposite party to delete your photos from their device.
6. When you go to clubs or pubs or hotels, be aware of your surroundings. Make sure no one is clicking photos or videos of you without your consent.

Conclusion

While there are many perks of digital media and technology, it also brings with it a lot of banes, one such being the act of violating cyber privacy. It is immensely important for people to remember that it is not wise to engage in or encourage the sharing of your explicit content on the internet. There is a dire need to educate and create mass awareness among the people, especially the youth and adolescents to refrain from sharing their private information online.

Let us join hands in this fight against revenge pornography and strive to create a better world.

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