Revenge Porn

Revenge Porn means non-consensual distribution of intimate/sexually explicit image of another

person. Revenge porn basically means the distribution of these images by a person previously trusted,
such as a partner in a relationship or in a marriage. Hence, the origin of these images may either be
non-consensual (such as using a hidden camera while engaging in a sexual activity without informing
the other partner) or consensual (such as when image is taken for personal use). When the couple
becomes estranged, angry or spiteful any partner may use these images to humiliate the other partner
by uploading the same on websites that put up these images online along with personal information
of the victim, such as the names. Addresses, links to their social networking profiles etc. Revenge porn
thus generally consists of online transmission of sexually explicit images, usually with the intent to
shame the victim as revenge.

The Internet and advancing technology has made it extremely easy to circulate any data to a large
number of people at the same time with no effort and almost no time spent.

Implementing a criminal provision for Revenge porn has proved problematic in several countries.
However, several parts of the world have specifically criminalised Revenge Porn. But
Currently, India has outlawed the transmission and publication of all pornographic material
vide section 67A of the Information Technology Act,2000. The problem remains that it may be
possible for a person to get prosecuted for consensually their own intimate image with
partner. Pornography has also been brought within the ambit of section 292 of Indian Penal
Code,1860. Section 292 deals with obscenity laws and imposes a criminal liability on the sale
and distribution of obscene material.

Though various enactments are there which criminalises these offences but still these crimes are
committed this is because of the weak mechanism of cyber law enforcement in India and
because of this the copyright law and tort law become vital in securing immediate relief for
the victims of Revenge Porn.