A class-12 student of South Delhi was shocked to find her pornographic video online, the link of which was shared by an anonymous user on chat demanding money to delete it. Preliminary investigation revealed that her picture was copied from a social media site and was later morphed to extort money.
Hi, I’m Supriya Gill, a licensed lawyer. If someone morphed your picture and wants to know if there is any law to defend you, then in this post, I am going to tell you all about photo morphing and the law to defend you.
With the increase in technology, cybercrime has become a critical part of society. Cybercrime is an illegal act where a computer is used as a tool or target or both.
Photo morphing is a cybercrime which is increasing in cyberspace as compared to any other offence in the cyber world.
Meaning Of Photo Morphing
In photo morphing, an unauthorized user with a fake identity downloads the picture of an individual and then uploads it after editing to harass the individual.
A Recent Case Of Photo Morphing
With the rise in the use of the internet, there has also been an alarming increase in cyber-crime in India.
What is more disturbing is that there is an epidemic-like proliferation of a specific genre of cybercrime – sharing obscene content of women without their consent.
The issue was brought into focus recently when amidst a nationwide lockdown, screenshots from a group created by adolescent boys on Instagram by the name of Bois Locker Room (the word bois being used as a variation of the word boys) were leaked.
Based on the screenshots, it appeared that these adolescent boys were sharing morphed pictures of minor girls, objectifying them, and passing derogatory remarks.
The Delhi Commission for Women (DCW) took up the matter and issued notice to Instagram and Delhi Police on May 04, 2020.
Subsequently, the Delhi Police Cyber Crime Cell took suo motu cognizance of the same and registered a case under the Indian Penal Code (IPC) and Information Technology (IT) Act, 2000, based on social media reports.
Further, three practising lawyers wrote a letter to the Supreme Court to throw light on the incident and to urge the apex court to take up the matter.
With the rise in the penetration of the internet, there has also been an alarming increase in cyber-crime in India.
What is more disturbing is that there is an epidemic-like proliferation of a specific genre of cybercrime – sharing obscene content of women without their consent.
The issue was brought into focus recently when amidst a nationwide lockdown, screenshots from a group created by adolescent boys on Instagram by the name of Bois Locker Room (the word bois being used as a variation of the word boys) were leaked.
Based on the screenshots, it appeared that these adolescent boys were sharing morphed pictures of minor girls, objectifying them, and passing derogatory remarks.
The Delhi Commission for Women (DCW) took up the matter and issued notice to Instagram and Delhi Police on May 04, 2020.
Subsequently, the Delhi Police Cyber Crime Cell took suo motu cognizance of the same and registered a case under the Indian Penal Code (IPC) and Information Technology (IT) Act, 2000, based on social media reports.
Further, three practising lawyers wrote a letter to the Supreme Court to throw light on the incident and to urge the apex court to take up the matter.
What Laws Governs Photo Morphing in India?
In cases where the victim’s pictures are morphed and uploaded without consent, the accused is booked under different sections of the Information Technology Act,2000 and the Indian Penal Code,1860.
1. IT (Information Technology) Act
- Section 67 -Publishing and transmitting obscene material in electronic form.
- The accused is punished with imprisonment of three years and a fine of up to 5 lakh rupees.
- In case of repetition of crime, imprisonment may extend to five years and a fine up to 10 lakh rupees.
2. Indian Penal Code, 1860
- Section 292– Publicly exhibits, distributes, etc, of obscene material. The accused is punished with imprisonment of up to two years and a fine of up to 2000 rupees.
- Section 509– Word, gesture, or Act intended to insult the modesty of a woman. The accused is punished with imprisonment for a term which may extend to three years and also with a fine.
- Section 500– Defamation Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with a fine, or both.
What To Do In Case You Are Victimized?
The priority for any victim is to have the images or video removed from the public domain permanently. Therefore, requests must be made to the website hosting the material.
A lawyer might help the victim by filing a civil case asking for an injunction from the court on the perpetrator.
Any person who is a victim of cybercrime can complain to the cyber cell of the city they are in or with any of the cyber cells in India, irrespective of the place where it was originally committed.
If you do not have access to any of the cyber cells in India, you can file a First Information Report (FIR) at the local police station.
It is mandatory under section 154, of the Code of Criminal Procedure 1973, for every police officer to record the information/complaint of an offence, irrespective of the jurisdiction in which the crime was committed.
How To Register A Complaint Online?
- You can register your complaint online also, via the National Cybercrime Reporting portal (cybercrime.gov.in)
- Some states also have websites to complain.
- You can make a call on Helpline number(launched by the government) 155260 (9:00 am to 6:00 pm)
- A complaint can also be filed on the official portal of the National Commission of Women(ncw.nic.in).
- The complaint can also be filed on the respective portal of the State Commission of Women.
Conclusion
However, the most important aspect here is to question the environment and societal conditions that might have given rise to a group like the Bois Locker Room, as it is surely not the first of its kind. Cyber-bullying and cyber-stalking are on the rise, and swift, timely and strict action would be required to deal with the same.
