Create a simple mechanism to remove private images, videos of women from the Internet: HC

Why in the News?

The Madras High Court has directed the Central Government to establish a simple, victim-friendly mechanism to help women remove their non-consensually uploaded private images and videos from the Internet without revealing their identity. The direction came in response to a petition by a woman advocate, whose private videos were shared online by her ex-partner.

Background

• The petitioner, a woman advocate, was a victim of revenge porn, where private moments recorded without her knowledge were uploaded to social media and pornographic sites.
• Though the Ministry of Electronics and Information Technology (MeitY) blocked the sites as per interim court orders, the same content resurfaced, highlighting the inadequacy of current removal mechanisms.
• The victim was forced to identify the videos in the presence of seven male police personnel, prompting strong criticism from the Court about the violation of her right to dignity and privacy.
• Justice N. Anand Venkatesh emphasised the lack of proactive technology usage by authorities to protect ordinary citizens, especially women, from such digital crimes.

Features

Court Direction to Centre:

• Develop a prototype mechanism for women to remove intimate content without compromising their identity.
• Appoint a nodal officer for redressal, coordinated by MeitY and the Ministry of Home Affairs (MHA).

Redaction Order:

• Directed police to redact the woman’s name from the FIR to protect her privacy.

Rebuke to Police:

• Criticised the insensitive treatment of making a woman view private content with male officers.
• Called for women cybercrime officers to handle such cases with empathy and sensitivity.

Emphasis on Technology:

• Highlighted tools like photo DNA tracing can prevent the re-upload of blocked content.
• Pointed out the system’s double standards, swift action for elite victims, sluggish response for common citizens.

Challenges

• Technological Resurgence: Websites resurface even after blocking, making content removal a persistent struggle.
• Lack of Sensitive Handling: Victims are often further traumatised by insensitive investigation methods.
• Inadequate Legal Mechanisms: Absence of a centralised, anonymous complaint platform delays justice.
• Privacy Violations: Mentioning victims’ names in FIRs or exposing them during investigation is a serious breach of fundamental rights.
• Poor Enforcement: Despite laws like the IT Act, 2000 and provisions in IPC/Bharatiya Nyaya Sanhita, enforcement is weak and reactive.

Way Forward

Establish a One-Stop Redress Mechanism:

• A secure, anonymous platform to request the takedown of explicit content.
• 24×7 digital helpline for women and nodal officers in each state.

Use AI for Content Detection

• Deploy tools like PhotoDNA, perceptual hashing, and machine learning to detect and remove re-uploaded content proactively.

Sensitisation of Police & Judiciary

• Mandatory training in gender sensitivity and digital privacy laws.
• Specialised cybercrime units with trained female officers.

Strict Penalties for Platforms

• Enforce compliance timelines for social media and hosting platforms under the IT Rules, 2021.
• Penalise repeated non-compliance in the takedown of explicit content.

Legislative Strengthening

• Introduce a dedicated law or amend existing laws to criminalise non-consensual pornography and digital voyeurism with stringent punishments.

Victim Protection Measures:

• Redact all victim identifiers in legal documents.
• Offer psychological support and legal aid for victims of digital sexual violence.

Conclusion

The Madras High Court’s intervention is a much-needed wake-up call for the government and law enforcement agencies to respect digital dignity and prioritise women’s online safety. The digital realm must not become a lawless space where victims are retraumatised, but a domain where justice is swift, anonymous, and effective. Strong laws, empathetic systems, and proactive technology must go hand in hand to protect the right to privacy and dignity in the digital age.

MAINS PRACTICE QUESTION

Question: How can India ensure timely and dignified redressal for women facing online sexual exploitation, especially regarding the circulation of private images and videos without consent?

PRELIMS PRACTICE QUESTION