The tile raises an important questions, Infact many readers want an answer to this question?
Recent studies by a security software firm McAfee titled,”Love, Relationship and Technology” tells us just how many people are involved in sending, receiving or transmitting their private conversations, photos or snap to complete strangers over the internet.
Love, Relationships & Technology “McAfee wrote more than 96 percent of people use their phones to take pictures, and 49 percent send or receive sexual content via video, photo, e-mail, or messaging. People also store this provocative correspondence -- 50 percent of adults store sexts and images they receive. While the majority of sexters, 77 percent, send this racy content to their significant others, 16 percent send it to complete strangers.
Recently, we received a message from a teenage girl, about being blackmailed by one of her boyfriend to share more nudes of her, after they have indulged in sexting during their relationship. Sadly, this is not only a stand-alone case, we do receive messages and query like this regularly. The immediate suggestion would be to refrain from sharing your private photos to your significant others, strangers and in fact even to your spouses. It does not matter whether you are together for the last 2 years or 2 months, it’s better to save yourself from the trouble.
Now, comes the perennial question;
“Whether is it even legal to share your nudes over cyber space?” I am sexting my partner, but is it safe over Web?
The straight answer is A BIG NO!!!!
Even if both have consented to indulge in transmitting nudes, it is still an illegal act, but don’t worry neither the Government nor the security forces are keeping an eye on you.
However, if in any case you need to defend yourself from any criminal action, your act of sending or receiving the nudes will be in question and court will consider it to be an illegal act.
There is neither specific law against it, nor enough precedents, But if we look closely,
Section 67 in The Information Technology Act, 2008 reads;
“Section 67 [Publishing of information which is obscene in electronic form] amended vide Information Technology Amendment Act 2008 reads as under:
Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to two three years and with fine which may extend to five lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.”
“[Section 67 A] [Punishment for publishing or transmitting of material containing sexually explicit act, etc. in electronic form] (Inserted vide ITAA 2008): Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.”
The point is if you share something of lascivious nature or any obscene content, it can land you up in jail or you have to pay a hefty amount or both.
But do not worry the law also protects you if someone blackmails or post your pictures over internet without your consent. The Section 66 E of the Information technology act deal with punishment for violation of privacy, and explicitly forbids capturing, publishing or transmitting the image of a private area of any person without his or her consent.
If you want to know more about this or been the victim of same, you can get in touch with us.
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