The Escalating Issue of Nonconsensual Pornography - Are Women Truly Protected in the Digital World?

The screen flickers, a digital mirror reflecting the face you knew, but twisted in a way you never could have imagined. A name, once spoken with love, now spat as a weapon in the endless digital void. As International Privacy Day - 28th January arrives, a stark reminder that for far too many women, the vast potential of the internet has morphed into a chilling landscape of vulnerability. Nonconsensual pornography (NCP), a toxic digital force, spreading its harm against women's fundamental right to exist in safety and dignity.

India, a nation buzzing with the energy of progress, finds itself grappling with this digital menace. Stories, once whispered in shame, now echo in news headlines - wives exposed by vengeful husbands, activists targeted with weaponized intimacy, daughters robbed of their futures by stolen images. The statistics are brutal: one in three women globally have experienced online violence, the vast majority targeted with NCP. These aren't mere numbers; they represent mothers, daughters, sisters, friends - women whose very identities are weaponized against them in the darkest corners of the internet.

So, in this blog we will delve into this complex web of violation and understand the chilling realities of NCP, its harmful effect on lives and futures. This is not just a fight for pixels on a screen, but a fight for the very essence of womanhood - the right to exist online and offline, free from fear and violation.

Understanding Nonconsensual Pornography

Nonconsensual pornography, often called revenge porn, is a severe breach of privacy where intimate images are shared without someone's permission. It refers to the unauthorized distribution or sharing of sexually explicit images or videos without the explicit consent of the individuals depicted This includes hidden recordings, stolen content from electronic devices, and recordings of sexual assaults. This goes beyond just invading personal space, causing deep emotional and psychological harm. Victims experience shame, humiliation, and lasting trauma, affecting their self-esteem and relationships. The impact can extend to physical threats through stalking and harassment.

DIGITAL BETRAYAL: FORMS OF NONCONSENSUAL PORNOGRAPHY –

In the digital age, the nonconsensual pornography (NCP) assumes varied and distressing forms, each leaving victims in the wake of profound violation. From the calculated cruelty of Revenge Porn to the unsettling sophistication of Deepfake Pornography, NCP exploits technology to breach the boundaries of privacy and trust.

a. Revenge Porn: Deliberate sharing of intimate images without the subject's consent, often as an act of revenge or manipulation.

b. Deepfake Pornography: The use of artificial intelligence to create realistic but fabricated explicit content featuring individuals who never participated in such activities.

c. Upskirting and Downblousing: Covertly capturing explicit images of unsuspecting individuals, typically in public places, without their knowledge or consent.

d. Photo Manipulation: Editing or altering existing images to create explicit content, deceiving viewers into believing it to be genuine.

e. Nonconsensual Distribution: Circulating intimate content without the subject's consent, amplifying the violation by reaching a wider audience.

The Reality of NCP: by the Numbers:

The shadows of nonconsensual pornography (NCP) cast a chilling pall over countless lives. Though the legal framework in India grapples with addressing revenge pornography, the absence of specific provisions leaves a void reflected in staggering statistics.

· 104%: The National Crime Record Bureau reported a staggering 104% increase in cases related to online sharing of obscenity and nudity content between 2012 and 2014.

· 35%: Only 35% of these aggrieved women have taken the step to file a case, underscoring the challenges in seeking legal redress.

· 18.3%: A 2010 Cybercrime report revealed unsettling insights, indicating that 18.3% of women who fall victim to revenge pornography are unaware of their victimization.

· 27%: A survey conducted by the Cyber & Law Foundation, an NGO, found that 27% of internet users aged 13 to 45 in India have experienced victimization through such crimes.

· 1 in 7: During the pandemic and lockdown, the British Broadcasting Corporation (BBC) conducted research, revealing a distressing reality: one in seven women faced threats of revenge pornography, with intimate photos and videos being used as tools of coercion and potential online exposure without consent.

Nonconsensual Content in the Digital Age:

In the digital age, technology, while offering unprecedented connectivity and convenience, also plays a pivotal and, at times, detrimental role in the proliferation of nonconsensual content. The ease of capturing, storing, and sharing intimate moments through smartphones and other devices has inadvertently become a double-edged sword, providing both a platform for personal expression and a tool for malicious exploitation.

1. Digital Footprints and Permanence:

Technology contributes to the persistence of digital footprints, making it challenging for victims to erase nonconsensual content. Once shared, explicit material can be rapidly replicated and distributed, compounding the challenges of content removal.

2. Messaging Apps and Private Circulation:

Encrypted messaging apps facilitate discreet circulation of explicit content among individuals or closed groups. Features allowing temporary visibility to contribute to the challenge of tracking and removing nonconsensual material.

3. Social Media Amplification:

Social media platforms, designed to connect people globally, can unfortunately serve as an avenue for the swift and global sharing of content, amplifying the reach of nonconsensual material. The virality of such material is often beyond the control of victims, leading to widespread exposure and emotional and psychological toll.

4. Deepfake Technology:

The rise of deepfake technology introduces a new dimension to nonconsensual content challenges. Artificial intelligence can now convincingly manipulate or fabricate videos, making it increasingly difficult to differentiate between genuine and manipulated content. The difficulty in detecting deepfakes adds to the potential for widespread of fabricated explicit material.

5. Challenges in Content Removal:

Even with the existence of laws against nonconsensual content, the timely and effective removal of such material remains a considerable challenge. Coordinating across multiple online platforms and ensuring compliance with legal requests can be a prolong process, allowing the content to inflict prolonged harm.

6. Exploitation of Vulnerabilities:

Perpetrators exploit cybersecurity vulnerabilities to gain unauthorized access to private content. Technology enables the manipulation of privacy settings, facilitating unauthorized access and dissemination.

The Impact it Leaves Behind

The non-consensual distribution of intimate pictures casts a dark shadow over victims, leaving indelible marks on their lives. This part delves into the profound impact of such acts, recognizing the emotional, social, and economic harm inflicted upon individuals who find themselves deep in the web of non-consensual violations. Victims of non-consensual distribution experience a multifaceted affliction, encompassing psychological, social, and economic harm.

· Psychological Distress: Nonconsensual content can trigger severe psychological distress, causing anxiety, depression, and, in some cases, post-traumatic stress disorder (PTSD). These psychological scars disrupt the very fabric of their well-being and effect their personal and professional life.

· Emotional Trauma: Victims often endure intense emotional distress, characterized by feelings of shame, humiliation, and betrayal. The violation of their privacy erodes a sense of security and well-being, leading to long-lasting emotional trauma.

· Social Fallout: Stigma, Isolation, and Exclusion Personal relationships, both romantic and familial, often bear the brunt of nonconsensual content. Trust is shattered, and victims may grapple with isolation as they navigate the challenging terrain of rebuilding fractured connections.

· Professional Consequences: The impact transcends personal life, affecting professional spheres as well. Victims may face reputational damage, career setbacks, and in some instances, job loss due to the unwarranted exposure of their private lives.

· Cyberbullying and Harassment: Nonconsensual content frequently becomes a tool for cyberbullying and harassment. Victims may endure online abuse, threats, and stalking, further intensifying the harm inflicted upon them.

· Legal Battles and Stigmatization: Seeking legal recourse can be a daunting process for victims, entailing protracted legal battles. The stigma attached to being a victim of nonconsensual content can compound the challenges, discouraging some from pursuing justice.

A Comprehensive Look at Key Legislations and Remedies

The alarming rise of nonconsensual pornography, including revenge porn and online blackmailing, has prompted a robust legal response in India.

Key legislations include the Indian Penal Code, 1860, the Information Technology Act, 2000, and The Indecent Representation of Women (Prohibition) Act, 1986, which collectively offer comprehensive legal remedies and punishments for perpetrators. Here's a detailed overview:

Indian Penal Code, 1860: (IPC 1860)

· Section 292: Addresses the distribution or circulation of obscene material. Punishment: Imprisonment up to 2 years and a fine up to 2 thousand rupees (first conviction); up to 5 years and a fine up to 5 thousand rupees (second conviction).

· Section 354: Pertains to assault or criminal force to a woman with the intent to outrage her modesty. Punishment: Imprisonment up to 2 years, or a fine, or both.

· Section 354A: Covers sexual harassment. Punishment: Rigorous imprisonment up to 3 years, or a fine, or both.

· Section 354C: Addresses voyeurism. Punishment: Imprisonment not less than 1 year, extendable up to 3 years, and a fine (first conviction); imprisonment for 3 years and a fine (second conviction).

· Section 406: Deals with the punishment for criminal breach of trust. Punishment: Imprisonment up to 3 years, or a fine, or both.

· Section 499: Pertains to defamation. Punishment: Simple imprisonment up to 2 years, or a fine, or both.

· Section 506: Addresses criminal intimidation. Punishment: Imprisonment up to 2 years, or a fine, or both; or up to 7 years with death threats or imputing unchastity to a woman.

· Section 509: Covers insult to the modesty of any woman. Punishment: Imprisonment up to 1 year, or a fine, or both.

Information Technology Act, 2000: (IT ACT 2008)

· Section 66E: Addresses the violation of privacy. Punishment: Imprisonment up to three years, or a fine not exceeding two lakh rupees, or both.

· Section 67: Covers publishing or transmitting obscene/sexual material. Punishment: Imprisonment up to 3 years, or a fine of 5 lakh rupees (first conviction); imprisonment for 5 years and a fine up to 10 lakhs (second conviction).

· Section 67A: Deals with publishing or transmitting of obscene/sexual material. Punishment: Imprisonment up to five years with a fine which may extend to ten lakh rupees (first conviction); imprisonment for seven years with a fine up to ten lakh rupees (second conviction).

· Section 67B: Addresses publishing sexual and obscene content featuring a child. Punishment: Imprisonment up to 5 years and a fine of 10 lakhs.

· Section 72: Pertains to the breach of confidentiality and privacy. Punishment: Imprisonment up to 2 years, or a fine up to 1 lakh, or both.

The Indecent Representation of Women (Prohibition) Act, 1986: (IRW 1986)

· Victims can file complaints under Section 4 & 6 of the IRW Act, 1986, prohibiting publications, pamphlets, distribution, or circulation containing indecent representation of women. Offenders may face rigorous imprisonment and/or fines under this act.

These legal provisions serve as essential tools for victims seeking justice against nonconsensual pornography in India.

Digital Safety Guide: Protecting Against Revenge Porn and Ensuring Women's Privacy

• Awareness and Education: Promoting awareness and educating individuals on consent and privacy are crucial steps in building a safer digital environment. Understanding and respecting the concept of consent is vital to maintaining healthy relationships, both online and offline. This includes explicit consent in sharing personal information, images, and engaging in any online activities.

Initiatives and campaigns combating nonconsensual pornography, also known as "revenge porn," have emerged to address this growing issue. Such campaigns are vital to educate the public about the legal and ethical implications of sharing intimate content without consent. Raising awareness in schools, communities, and online platforms is crucial as it encourages responsible digital behavior.

• Support and Helplines: In the face of privacy violations, victims have access to a range of support platforms and helplines. Organizations like the Cyber Civil Rights Initiative and Without My Consent provide valuable resources and guidance specifically tailored for victims of nonconsensual pornography. Helplines such as the Cyber Helpline and the National Sexual Assault Hotline extend assistance and counselling to those in need.

• Taking Action Against Revenge Porn: If you fall victim to revenge porn, taking decisive action is imperative. Report the incident to relevant authorities and seek legal recourse against the perpetrator. In addition, consider leveraging takedown services such as stopncii.org.

1. Submit Original and Edited Photos: Provide both the original and edited versions of the photo on stopncii.org. This step is crucial for the effectiveness of the takedown process. 2. Confidential Removal: Your identity remains confidential throughout the process, and the site ensures the removal of edited photos from the Internet across various platforms.

This initiative is endorsed by Meta (Facebook) and collaborates closely with law enforcement agencies in at least 70 countries. The success rate of removing such content is impressive, reaching close to 90%.

By promoting awareness, providing support, and offering actionable solutions, we can collectively work towards creating a safer digital space where individuals can exercise their rights to privacy and consent without fear of violation.

• Privacy Practices: You can safeguard yourself and effectively handle such incidents by staying alert and taking immediate, informed actions. Here are some preventive and countermeasures to guide you:

· Think Before You Share: Exercise caution when sharing intimate content, weighing the potential risks and consequences before disclosing personal images or videos, even to trusted individuals. · Use Secure Messaging Apps: Opt for messaging apps with end-to-end encryption to ensure the privacy of your communications, adding an extra layer of security to prevent unauthorized access.

· Be Cautious with Social Media: Limit the personal information shared on social media platforms. Adjust privacy settings to control who can see your posts, and be mindful of sharing location details. · Secure Devices and Accounts: Strengthen the security of your personal devices and online accounts by using strong passwords and enabling two-factor authentication for enhanced protection against unauthorized access.

· Review App Permissions: Periodically review the permissions granted to mobile apps. Some apps may request access to more data than necessary. Only grant permissions that are essential for the app's functionality. · Employ a VPN (Virtual Private Network): Utilize a VPN to encrypt your internet connection, providing an additional layer of security that shields your online activities from monitoring.

· Regularly Check Your Online Presence: Routinely monitor your online presence and search results to promptly identify any unauthorized images or videos, allowing swift action against non-consensual content. · Stay Informed About Laws: Stay updated on laws and regulations regarding revenge porn and online privacy in your jurisdiction. Knowledge of legal frameworks empowers you to take informed action when needed.

Conclusion

International Privacy Day reminds us that the fight for online privacy is not an individual struggle. This fight isn't just for survivors. It's for all of us. We need to be digital allies, speaking out against this injustice, refusing to click, to share, to turn a blind eye. We need to hold platforms accountable, demanding stricter policies and stronger protections. Together, through awareness, education, and collective action, we can build a digital world where women's voices are heard, their privacy is respected, and their online experiences are safe and empowering. Let's choose progress, choose respect, and choose a future where the internet serves as a platform for connection, creativity, and equality for all.

Remember, the power lies not just in laws, but in our collective will to speak truth to power, to amplify the voices of survivors, and to demand a digital future where women are not prey, but architects of their own destinies. The fight for women's online privacy is a fight for all of us, and it starts right here, right now, on this day of awakening. Happy International Privacy Day!

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