This article is written by Oruj Aashna, a learning student of the University of Calcutta. The post covers the reasons why one should not store a private picture or video of someone, how to deal if such an image will be stored in someone’s device, and the prevention measures.
Introduction
What is wrong with just keeping nudes of someoneDamage to Right to privacy
Misuse of technology
Absence of consentCan you ask to remove your image?
How To Get A Girl To Send You Nudes
Speak up!
Make an attempt to take the picture/video down
Involve a lawyer or legal authority
Organizations that help
Section 354C of the Criminal Law (Amended) Act, 2013
The Privacy (Protection) Bill, 2013
Section 66E Information Technology Act, 2000
Section 67 of the Information Technology Act
Information Technology (Intermediary guidelines and digital media ethics code) Rule, 2021
It might be petrifying for an individual to discover that someone has his/her nude photo or video in their folder. On the one hand, it will destroy the victim’s mental state and on the other hand will encourage the wrongdoer to do such an act in the future, nonchalant about the repercussions. Often, in such a situation, the victim remains silent about the event due to the fear of character assassination. However, being quiet about the wrong is the worst one can do. Thus, getting silent is not the right option here.
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What steps can one take if a nude picture or video is stored on someone else’s device? Actually if the individual includes certainly not released/propagated the photo, one has the right to get the image deleted from their device if that violates privacy or is considern without consent. The notion “defame the victim” is of utter shame itself. Individual society shall fail if we attempt to degrade the sufferer. But before jumping into the measures, an individual and collectively, a contemporary society should understand the bustle of this pathetic respond alternatively than humiliating and mortifying the sufferer.
The article takes two parameters into consideration. However, it is not wrong or shameful to share nudes as an expression of sexuality with someone you love and trust, but it is wise to consider the gravity and implications of the act. Firstly, when someone shares a video/image as a personal message, and secondly, if someone records or needs screenshots of you during video calls or someone without your knowledge records and takes a picture of you.
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What is wrong with just keeping nudes of someone
Damage to Right to privacy
One might wonder what’s wrong if a nude image is stored in the device as they are not sharing or using it for an unlawful act. It will be privacy that forbids the person from holding the photo, and if any such complaint is registered, it will conclusion the culprit in imprisonment.
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Let us understand the basics of privacy. Privacy means a state of being free from public attention to intrusion inter or interference with one’s act or decision.
In the M P Sharma or Kharaksingh cases, privacy was discussed as only “spatial privacy.” The term “spatial privacy” implies freedom from being physically disturbed. However, personal privacy is not physical closeness just; it is a state of mind.
Think of a situation where a person is enjoying “privacy” in concert despite the crowd. The kind of privacy an individual wants to enjoy as a right will be not spatial privacy but an ability to feel free mentally. A person whose explicit picture or video is on someone else’s device will not be in mental peace even if he/she is in an empty room. The same goes for the case we are talking about. In contrast, also in remoteness and plenty of spatial privateness, a individual looks unhappy and anxious.
If someone places a hidden camera in a bathroom or bedroom without your knowledge, then it will be downright outlawed and against the perfect to personal privacy. Similarly, taking a picture or recording someone doing a sexual act in a nude or semi-nude position in his/her “privacy” state is unlawful.
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In contrast, if the picture is taken where the expectation of privacy is low, one may not be liable to click an video or image. For instance, someone clicking the photograph on the beach or clicking a picture of celebrities in a public area is fine.
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Misuse of technology
I recently came across a real story where two persons in a relationship shared pictures via Snapchat. Since Snapchat disables the image within a limited time and notifies the user if the screenshot is taken, they too shared the nude images. Perhaps the safest engineering is certainly not necessarily no cost of glitch. Wet arrived as an utter shock when she realized that the guy was taking screenshots of all her nude photos through a software application (readily available) that prevents Snapchat from sending notifications while screenshots are taken. It’s a pity to see how technology was invented for the convenience of humans and is not being used in a manner. An application providing end-to-end encryption also has likely vulnerabilities present through which the hacker might invade individual data.
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This is to note, clicking or recording someone in their private space comes under technology abuse. Also, hacking or accessing someone’s electronic device and taking out a personal picture will be a crime and can come to be punishable under Section 72 of the Information Technology Act, 2000. Nevertheless, anything that outcomes in the use of engineering will possess powerful significance.
Consent is one of the essential elements in this matter. Even in public places where you notice someone clicking a picture of someone in public (say in a park) in an intimate position or in a situation where his/her private area is apparent, that person can ask to delete such pictures/recordings off the memory card. If a person charms a photograph or movie in exclusive areas without agreement a person’s i9000, it is against the will and will be illegal. It is the principal matter that has the concept of motivation.
Let’s take another situation, suppose a photographer considers a semi-nude photo that was taken of you in a public area without consent, where there seemed to be no expectation of “privacy.” In that case, the picture is the property of the photographer, ginger orgasm porn pics and legally he/she doesn’t have to delete the image. But if a photograph of you will be staying utilized in a commercial sense to help to make funds, without your permission, then there is a right to demand the photo be taken down.
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Can you ask to remove your image?
Yes, one can ask to stop recording or delete the recording (in a public place) from such a person’s device if it violates rights and is taken without consent.
How To Ask For Nudes
Steps one can take in such a situation
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Speak up!
If you find yourself in such a situation and are disturbed and mentally harassed due to constant battle in your mind, get out of the social stigma and confess to your close one (family, friends, etc.). Society plays a huge role in depreciating the risk of depression, suicidal thoughts, and mental harassment, which subsist in these situations. And perhaps they shall come up with an impeccable solution.
Make an attempt to take the picture/video down
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If you know someone who has your private picture or video, ask to delete it and let them know about your security and privateness. Try not to intimidate the person. If the person is not deleting the images/videos despite all these negotiations, take the next step. After the deletion of the picture/video, generate positive the image provides happen to be erased almost everywhere from his/her equipment.
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Involve a lawyer or legal authority
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If the person is reswill betant to deleting the nude video/ photo, ask a lawyer or any legal authority to handle the matter. The legal person will take appropriate action to delete the picture/video or mitigate the risk of getting published or shared with the public.
Note, one must have proof or reasonable incident to support the allegations.
Organizations that help
There are organizations online that help their clients to take down their intimate or personal pictures, video, recordings, etc. that will be published online (for example, DMCA, NeedHelpNow.ca). Further, if somebody discovers any nude picture or movie of themselves at a level in period, this help center will aid get down the photo.
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Legal provisions to safeguard you in such a situation
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Section 354C of the Criminal Law (Amended) Act, 2013
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The amended Section 354C of the Criminal Law (Amended) Act, recognized simply because the ‘’Voyeurism Section’’ furthermore, criminalizes capturing and distributing women’s images in their private space.
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The Privacy (Protection) Bill, 2013
The Privacy (Protection) Bill, 2013, deals with collecting, storage, destruction, processing, security, and disclosure of personal data. The bill bars interception of another person’s communication except in pursuance of an order by the Chief Level of privacy Commissioner. The provisions of the said Bill give stress on privacy and implement strict liability on infringement of privacy. If someone collects, receives, stores, or processes data that is not following the bill, he/she shall be punishable with imprisonment and with a fine.
Section 66E Information Technology Act, 2000
Section 66E of the IT Act,2000 prescribes a penalty for violation of privacy.
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The provision shall be applicable if:
any person who intentionally captures, publishes, or share the image that exhibits the private area of any person;
the image is captured, transmitted, or published without the consent of the subject;
the act results in violation of the privacy of the subject.
The person committing such offence shall be punished with imprisonment, extending to 3 (three) years or with a fine not exceeding Rs. 2,00,000 (Rupees two lac) or with both.
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Section 67 of the Information Technology Act
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Section 67 compels penalizing treatment to both production and publication of nude pictures/video. In a 2015 case in Mumbai, a man posted intimate videos of his ex-girlfriend on a social media messaging group without her consent.
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In the said case, consensually recording such material was not prima facie guilty under Section 67. The criminal culpability violated the girlfriend’s consent and privacy here. Nonetheless, the man was arrested under Section 67 for transmission of sexual content and not for violation of consent and confidentiality.
Information Technology (Intermediary guidelines and digital media ethics code) Rule, 2021
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The new rule which is in huge debate provides strict controls for intermediaries. The main objective of this provision is to prevent, detect, investigate and punwill beh for an offence related incitement to offence pertaining to rape, explicit material sexually, or child sexual abuse material.
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Personal information is the most sensitive and valuable for anyone. In the era of technology, each and everyone provides admittance to electronic media and methods. There are sexual desires that everyone needs, but fulfilling those desires by taking nudes of someone is ethically and morally wrong just. It is heart-rending when someone uses these mediums to store explicit pictures of another person without consent. Law can regulate or make laws to control the damage, but the root conswill bets in the mindexerciseet. Oftestosteroneen people say that it’s a part of their human rights. But then even, if someone’s sexual desires are usually attained at the cost of anyone’s protection under the law and mental peace, one should rethink before committing the act.
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Remember, it’s not an “obligation” to send nudes to anyone or involve in any sexual activity. There are cases where the nude was shared between couples, and after the removal also, it got leaked. It is essential to raise awareness and educate yourself about the potential risk before participating in any such action.
The consequences the victim faces is out of anyone’s imagination. The wrongdoer will be encouraged because society is silent about thwill be subject. This brings down two points: firstly, it is not a taboo content, and secondly, it’s not the victim’s fault. On top of that, if the recipient will be viewed by us as an instigator, then it’s a downfall in our probity. No one deserves to be shamed.
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