Dealing with ‘revenge porn’

A  West Bengal court recently convicted a man and sentenced him to five years for uploading to the Internet what is commonly known as “revenge porn”.

A  West Bengal court recently convicted a man and sentenced him to five years for uploading to the Internet what is commonly known as “revenge porn”. It is the special public prosecutor for the CID who summed up the seriousness of the crime by telling media that the victim had suffered virtual rape every time someone saw her nude images on the Internet.

“Revenge porn” is a misleading term as pornography implies consent. However, the term has gained currency given the motive of the offender is more often than not aimed at taking revenge on the victim for breaking up with him, or rejecting him. The offender usually then uses intimate images produced during the relationship either to blackmail the victim or to shame them by sharing the images with others. Another version of the offence is when the accused uses morphed images of the victim for similar reasons.

More and more countries are creating laws to deal with this. In India, the offence is tried under provisions of the IT Act. While the relevant sections are effective and stringent, the fact remains that they do not account for the degree of violation as the prosecutor put it—virtual rape. The IT Act does not protect and support the victim in the way sexual assault and rape laws do. For instance, there is no stipulation that a woman officer handle the case. Specific laws recognising the gendered nature of the crime and its long-term consequences—what is on the Internet can be there forever—may be required, given the growing popularity of mobile phones with cameras and ease of access to the Internet.

However, structural changes are also required. Discussion of consent must be made part of the education system. Boys must be taught to interact with girls on equal terms and respect them and their desires as those of human beings, not simply as objects of respect or desires. Youngsters must be taught to cope with rejection. Toxic masculinity and entitlement must be challenged. Without structural changes, legislation will never be enough.

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