Understanding Non-Consensual Dissemination of Intimate Images Laws in India with Focus on Intermediary Liability
Vaishnavi Sharma*
Volume 14 Issue 4 (2021)
From the generally conservative and patriarchal approach of the courts towards pornography, to the paternalistic, welfare legislations enacted to ‘protect’ certain classes of the population, obscenity laws operate in and further churn an obscenity narrative that actively disables sexual autonomy, especially of women and minorities that often face the brunt of these exercises. This article argues that the extant legal regime relating to the non-consensual dissemination of intimate images is weak and non-developed in India, both, in terms of identification as an offence, and availability of remedies. Specifically, this article highlights the roles of certain sections of the Information Technology Act, 2000, that work in tandem to disable appropriate juridical and practical application of provisions that give due regard to privacy and consent concerns in matters concerning non-consensual dissemination of intimate images. Legislature and courts must give due regard to these concerns if they seek to curb the proliferation of cybercrimes online and build a more free and participative digital citizenship.