Online Gender Harassment: Legal framework analysis on Revenge Porn and Sextortion

Abstract

As internet users and influencers are growing day by day, the concern about online harassment is also increasing. Posting an opinion or expressing views regarding a specific topic has become a norm now. But in this digital realm, what comes as a reply is not limited to criticisms but threats, abusive words, and hate speech. According to recent data published by the National Crime Records Bureau (NCRB), India experiences more than 500 cases of sextortion daily. Between 2012 and 2014, there was a staggering 104% surge in the sharing of revenge porn videos electronically in India. The data underscores the urgency of strengthening cybersecurity measures, enhancing law enforcement efforts, and raising public awareness to effectively combat these cybercrimes.

This research paper analyzes the Indian legal framework surrounding revenge porn and sextortion, and other online forms of gender harassment. It examines the effectiveness of existing laws, explores challenges faced by victims, learnings from legal systems across the globe, and proposes legal reforms for enhanced protection.

Introduction to online gender harassment

In India, the term “gender harassment” is not specifically defined in a separate law. Instead, the concept of gender harassment is often encompassed within the broader framework of “sexual harassment,” which is addressed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. It includes any unwelcome conduct or behavior of a sexual nature by a man such as physical contact and advances, a demand or request for sexual favors, making sexually colored remarks, showing pornography, and any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.

This often leads to the feeling of intimidation, discrimination, and humiliation, and at worst it affects the victims both emotionally and mentally. The use of the word “gender” in the term “gender harassment” helps to broaden the understanding that harassment is not limited to a particular gender, rather it can affect all genders equally. While it is certain that women have historically faced higher rates of harassment and discrimination based on gender, it is important to recognize that individuals of all genders can be subjected to gender-based mistreatment.

Online gender harassment

Online gender harassment can be defined as a person receiving sexual threats, being coerced to participate in sexual behavior online, or being blackmailed with sexual content. It refers specifically to acts of harassment and discrimination based on gender that occur in the digital realm, such as through social media platforms, online forums, email, instant messaging, and other online communication channels.

Revenge Porn

Revenge porn refers to “revealing or sexually explicit images or videos of a person posted on the internet, typically by a former sexual partner, without the consent of the subject and in order to cause them distress or embarrassment.” Mary Anne Frank (Law professor at the University of Miami) has remarked that  “Revenge porn is a misnomer, instead, ‘non-consensual pornography’ should be the appropriate term used”.The driving factors behind such acts are couples’ fantasies of filming themselves or a manipulative partner coercing the other to participate. However, current partners may also engage in revenge porn with the goal of regaining control or manipulating the other person to stay in the relationship. Perpetrators sometimes not only upload videos or images on porn websites but also include personal information about the subject, such as their full name, address, social media profiles, phone numbers, and more.

Revenge pornography lacks official statistics in India due to legal provision gaps, however, cases of online sharing of obscenity and nudity content increased by 104% from 2012-2014 as reported by the National Crime Record Bureau. A Cyber & Law Foundation survey found that 27% of Indian internet users aged 13 to 45 have been victims of such crimes. Additionally, such acts need not necessarily be the means of revenge but can rather be for profit. For example, the changing rooms within shops might harbor hidden cameras. For instance, following Union HRD minister Smriti Irani’s discovery of a CCTV camera in the trial room of Fabindia in Goa, the Bombay High Court ordered the company to take drastic steps, including the permanent cancellation of their licenses. 

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