How To Handle People Leaking Your Intimate Photos Legally?

A lot of social media users share their intimate photos over WhatsApp or other messaging apps. It is true that technology has become a vital part of our professional as well as personal lives.

However, we all have heard about situations where someone's intimate pictures made their way onto the internet without their consent. When technology and human emotions interact to give rise to such invasion of privacy, it becomes incredibly important to know about the related laws.

If any individual's photos are posted in an obscene manner, that person may report the action to the cybercrime cells. A complaint made to the cyber cell can be filed as a First Information Report in a local police station or with a Judicial Magistrate. If the offence is serious enough to permit the police officer to arrest without a warrant (cognizable offence), police stations have to accept the complaint and act on reports as soon as possible.

Sharing pictures violates an individual's privacy which is a fundamental right guaranteed under Article 21 of the Indian Constitution as held in Puttaswamy (Retd.) and Anr. V. Union of India and Ors. Moreover, the transmission of photos of "any person's private area without his or her consent" can lead to the punishment of three years in years or a fine of not more than two lakh rupees or both (Section 66E of IT Act, 2000).

Other Sections of the IT Act, 2000, like Section 67 and Section 67A, prohibit the publication and circulation of any obscene content. Hence, if someone circulates any sexually explicit picture, then he/she can be booked along with the offender who shared it without the victim's consent.

The first priority of any victim is to permanently remove any images or videos from the public domain. One way to prevent the images to be published anywhere is to obtain an injunction from the Court of Law. Most of the websites remove these pictures after the victim sends a request to them. If they ask for money to remove these pictures, they can be held legally liable for extortion.

With the number of internet users increasing every year, privacy is one of the most significant issues that must be addressed. With each passing day, the world becomes a less safe place to live. In this precarious situation, the only remedy is to become more aware of the laws of the country. Any breach of privacy is punishable by the law and it's incredibly important for us to utilize our rights in these circumstances.

For a more detailed understanding, refer to the " Puttaswamy (Retd.) and Anr. V. Union of India and Ors." case study by clicking the case below.

Puttaswamy (Retd.) and Anr. V. Union of India and Ors.