We all can agree that India is now on the path to becoming a nation that’ll lead globally on the digital front. But again, it is a sad reality that this comes with some really concerning issues, like someone taking your picture and sharing it without content. Worry not though, there are specific rules and laws in India regarding just that, so let’s have a good look at them, shall we?
Laws Under the Information Technology Act, 2000
- Section 66E – Violation of Privacy: This rule is clear. If someone records or shares images of another person’s private body parts without their explicit permission, that person may be punished with imprisonment for a term that may extend to three years or with a fine up to two lakh rupees or with both. Simply put, you’re not allowed to spread personal images of others without them saying OK.
- Section 67: It covers the consequences of spreading offensive and not-suitable content on the internet. Any first-timer doing so could be looking at three years in jail and also pay a fine.
- Section 67A: Without the consent of the person involved, sharing adult content is punishable with a very serious offense. The law here is tough: do it and you might end up spending five years behind bars and paying a large fine.
- Section 67B: Distribution of indecent pictures of children. It punishes very heavily all those persons who stand convicted.
- Section 72: Sharing someone’s private details online without their permission is not taken lightly. The law says doing so can lead to jail time for up to two years.
Laws Under Indian Penal Code (IPC)
- Section 354D – Stalking: If a person follows your activities online and shares or takes your photos without asking you, this is called stalking. They could end up in jail for as long as three years.
- Forgery Sections (463, 465, 471): The imprisonment may also come about through forgery, creating or selling false visuals or documents that either defame another person or endanger the interests of the state.
- Defamation (Sections 499 and 500): If someone uses a photo to make others think less of you, you can take them to court for defamation.
Protection of Children from Sexual Offences (POCSO) Act, 2012
- Sections 14 and 15: Using pictures of children for wrong reasons is not allowed. If someone does this, they could go to jail or have to pay money as a fine.
What to Do If Your Picture Is Posted Without Consent
If someone shares your photo without asking you first, here’s what you can do:
- Filing a Written Petition: You can go to court and ask for help to keep your private life safe.
- Claim under the Indian Copyright Act: Even if the picture is clicked by you, the photograph could legally belong to you. This means you can take them to court for sharing it without you saying OK.
- File an online complaint with the cyber cell: Nowadays there is this special place that you can access from anywhere in the country, and that is called a cyber cell, where you can tell on someone for using your photo wrongly.
If something like this has happened or is happening to you, it’s smart to talk to a lawyer who knows about these rules. They can tell you the best thing to do.
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