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?

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? Perhaps if the man or woman includes definitely not written and published/embraced the photograph, one has the right to get the image deleted from their device if that violates privacy or is haven without consent. The notion “defame the victim” is of utter shame itself. Real human society shall fail if we attempt to degrade the sufferer. But before jumping into the measures, an individual and collectively, a society should comprehend the rigors of this pathetic act than humiliating and mortifying the target rather.

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 will be prudent to consider the effects and gravity of the take action. Firstly, when someone shares a video/image as a personal message, and secondly, if someone records or requires 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 shall ending the culprit inside imprisonment.

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 will be not really simply just real distance; 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, in remote location and plenty of spatial privateness perhaps, a individual comes across as being unpleasant and anxious.

If someone places a hidden camera in a bathroom or bedroom without your knowledge, it is outright illegal and against the perfect to personal privacy then. 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.

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 image 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. The safest technology is not free of glitch Even. Wet emerged 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 attainable 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 end up punishable under Section 72 of the Information Technology Act, 2000. Nevertheless, anything that benefits 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 somebody catches a photograph or movie in non-public driveway without permission somebody’beds, it is against the will and will be illegal. It is the main issue that offers the thought of desire.

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, https://www.nudeladiespics.com/blonde/blonde-bedroom-free-nude-image/ and legally he/she doesn’t have to delete the image. But if a image of you will be staying employed to create cash in a commercial sense, 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.

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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 will arrive up with an flawless answer.

Make an attempt to take the picture/video down

If you know someone who has your private picture or video, ask to delete it and let them find out about your privacy and security. 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, produce positive the photo provides ended up wiped all over from his/her product.

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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 unclothed photo or movie of themselves at a correct level in period, this help center will support consider 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

The amended Section 354C of the Criminal Law (Amended) Act, regarded mainly because the ‘’Voyeurism Section’’ in addition, 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 Personal 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 unlawful culpability in this article broken the lover’s i9000 authorization and personal privacy. 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.

Personal information is the most sensitive and valuable for anyone. In the era of technology, each and everyone provides admittance to electronic modules and mass media. 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 mindend updset. Oftestosterone levelsen people say that it’s a part of their humadeborah rights. But then even, if someone’s sexual desires are usually attained at the cost of anyone’s privileges 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 casualty is usually witnessed by us as an instigator, then it’s a downfall in our probity. No one deserves to be shamed.