Social media has been doing wonders for people and brands and as a whole, it can be stated that the advancement of the internet in this particular 21st century has led to the era of digitalization. In the same way, this has also led to exposing the dark side of the internet. Digital technologies have become ubiquitous both in everyday life and everyday crimes. This technological-information revolution has dramatically affected human relations, especially in the field of communication. The development of these new technologies has unfortunately spawned various types of behavior that have acted as contrary to the legally desirable behavior.

The combination of easy access to the internet and camera-enabled smartphones and widespread participation in online social networks has provided a ready platform for the perpetration of sexual violence, abuse, and harassment. With the rapid uptake of internet-enabled devices such as computers, phones, tablets as well as digital communications such as social media networks and social applications, it is perhaps unsurprising that these digital technologies might also be used as tools for facilitating sexually-based harms.

In the field of digital technologies and cyberspace, there has been an emergence of criminal offenses which are referred to as cybercrimes. One such crime is that of the publication and dissemination of images with the sexual content of others without their consent on various public platforms, digital channels, and websites, which has been often referred to as revenge pornography. These video and television technologies have led to obscene videos and channels.

The pornography industry has accelerated the growth of new technologies, such as video recorders and cameras, and more recently the internet and smartphones because they have appealed to the creators and the consumers of pornography. These perpetrators use technological-based inventions and applications in a negative way for facilitating domestic violence, dating abuse, cyberstalking, and sexual exploitation of children.  The information and computer technologies and specifically the internet have raised possibilities of techno and virtual intimacy thus making it vulgar. New forms of these sexual genres and digital sexual media have mushroomed.

Revenge Pornography – A Conceptual Analysis

Revenge pornography has been categorized as a form of online pornography that is usually created with the consent of the victims and then is distributed without the consent of the individuals. With the facilitation by developments in technologies, the non-consensual posting of sexually explicit images of someone else for revenge, entertainment, and any political motive referred to as revenge porn has become a global phenomenon. Revenge pornography is a heinous act that can devastate the lives of the victim and all the people connected to the victims. Revenge pornography has been a well-used term in contemporary media, discourse, and society. It has been referred to as online non-consensual pornography for revenge and is a subtype of cyber harassment and cyberstalking.

When someone shows a private sexual photograph or film of you to another person or individuals without your consent and to cause distress to the victims, this is known as revenge porn. It has been a term used for describing sexually explicit media that is shared publicly on online platforms without the consent of the individual pictured. The online posting of such obscene media has significant negative impacts on the victims including the debilitating loss of self-esteem, anxiety, panic attacks, crippling feelings of humiliation and shame, discharge from employment, verbal and physical harassment, and even cyberstalking.

The sharing of images or films that show people engaged in any sexual behavior or shown in a sexual way or with their genitals exposed, which should not be disclosed in public, has been characterized as revenge pornography. Revenge porn can appear in various online and offline locations and formats. This sort of revenge pornography can be found on pornographic websites that allow amateur personal photographs and films to be uploaded, as well as dedicated revenge pornographic websites. On increasingly mainstream networks like Facebook and Tumblr, non-consensual sexually explicit material can be accessed. There are also other media platforms for the creation and distribution of revenge porn, including some that are closely related to bespoke sites, such as cheating sites, some that are undergoing rapid change and development, and some that are not new forms of media, such as compact discs and other video capturing.

Revenge Porn and Right to Privacy

Privacy has been viewed as the basis for a domestic regime. The issues related to privacy are currently on the agenda of public debate, which is largely considered as a consequence of technological advancements which have created new avenues for the invasion of privacy. Privacy is the fragile boundary between self and society. Privacy is the structural foundation that has been featured in the realm of the internet and is assumed to be the security of personal data that has been published through cyber means.

The privacy of the internet is economically important as it provides an assurance to the consumers about their personal data and information and that the same will not be exposed to the public on online platforms or to unauthorized persons. The infringement of this kind of privacy poses a threat by breaching the trust of users, therefore detrimental to the social and economic interests. The right to privacy has accorded the individuals with the provision of protecting their autonomous space and at the same time grant them the ability for controlling their lives by controlling the dissemination of information about them.

There have been various types of online abuses and the most recent and vulnerable type of cybercriminal offense is that of revenge porn. Revenge porn is defined as the sharing of another’s private materials without their consent for the aim of inflicting shame, annoyance, or distress, and it breaches the victims’ privacy. Revenge porn has been classified both as a sexual offense and as an offense of privacy. The right to privacy includes within its ambit the protection of the autonomy and well-being of the individual and the right of self-realization of that individual.

Revenge pornography violates the dignity of the victim by humiliating him/her sexually and demeaning and degrading him/her. The victims of revenge pornography sometimes go unnoticed as they are of the perspective that this would disseminate their image in society. It can be stated that victims of revenge porn report a similar experience to that of the offense of rape. It also reduces the identity of the victim, which acts as an infringement on his/her moral status and dignity. In nearly every nation in the world, the right to privacy is seen as a fundamental right, as well as a human right, stating that every individual should be afforded all forms of privacy.

In India, the right to privacy is protected by Article 21 of the Indian Constitution, and it has been declared a basic right. Hence, the distribution of intimate images, private videos, and videos degrading the dignity and reputation in the eyes of society violate the right to privacy of every individual. In the case of revenge porn, offenders upload the image and video, address, and contact number of individuals. Thus, in this way, the right to privacy is inherited, and the inalienable right of victims is violated by the offenders. 

Importance of Categorizing Revenge Porn

The offense of revenge porn acts as a violation of the right to privacy; however, it has not been categorized as an offense in any of the laws in India, and is considered of little importance but should be criminalized. There is a necessity of categorising revenge porn as a criminal offense. Thus, defining the act as a specific offense conveys the message concerning the nature and importance of the relevant protected value.

Hence, there is a necessity of categorising it as a criminal offense. An example of such expressive value of criminal legislation can be found in the debate over whether prostitution should be considered a crime. Hence, it is important to classify revenge porn as an offense for reflecting the type and nature of the harm done to the social value underlying it. Thus, categorizing the offense of revenge porn as an only offense of right to privacy is not limited, and categorizing revenge porn as only an infringement of privacy would convey an approach that the defendant had violated the privacy of the women but not harmed the victim sexually. Hence, it is considered that it must be classified as a criminal offense.

Recommendations for Combating Revenge Porn

There must be certain recommendations adopted for combating revenge porn on a global scale. A few of them can be listed below:

• Revenge Porn must be categorized as a criminal offense, and there must be a punishment awarded for the same if the offense is committed.
• There is a lack of criminal convictions concerning revenge pornography cases, which are increasing on a daily basis. Hence, the ability for managing the cases and communicating with the victims must be improved.
• The police agencies and the online law enforcement organizations must investigate the complaints related to online abuse with full capacity and motivation.
• There is a substantial need for effective awareness-raising and educational training programs across the country related to revenge porn and online abuse.
• The impact of revenge pornography should be included in all training on domestic abuse, especially with respect to coercion and control.

Conclusion

The phenomenon of revenge porn has become increasingly common in nation-states around the world, which makes it necessary to classify it as an offense. Revenge porn represents just a portion of the kind of online sexual harassment that ensues each and every day. It presents a dangerous and escalating threat not only to the online reputations of the victims but also to their physical well-being. The victims suffer tremendously in the physical sense for the terror that is inflicted upon them, even if that terror is inflicted on the victims by mouse clicks.

The agony is long-lasting and sometimes never subsides. However, in our understanding of contemporary abuse, it is important for avoiding technologically deterministic approaches and bear in mind the human agents in the use of digital and social media platforms. Revenge pornography is a growing crime facilitated by social media and mobile technology, and a crime committed by people referred to as a human issue and one to which the police really need to respond effectively.

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Editor’s Note
The article throws light upon one of the most contemporary and frequently committed crimes of revenge pornography which has been facilitated by the advancements in social media and digital technology. Firstly, the author has conceptually analyzed the meaning of revenge pornography. The author has then explained how revenge pornography violates an individual’s right to privacy.

The author has further opined that revenge pornography should be classified as a criminal offense and has also substantiated the same with certain arguments. Lastly, the author has given various recommendations that need to be followed in order to combat the crime of revenge pornography. The author has concluded by saying that this growing crime of revenge pornography needs to be dealt with more effectively by the police and other law enforcement agencies, in order to curb it completely.