Sending Offending and sexual messages, photos, GIFs, videos, or even emojis to someone else known or unknown via texting apps is called Sexting. Before you send any message, have you ever tried to find out the legality of sexting? It involves explicit sharing of pornographic images, videos, etc, from your smartphone to any other mobile via the internet.
Whilst sending suggestive or sexually explicit messages to your boyfriend or girlfriend might be fun at the time you should always consider what will happen if they show their friends.
Screenshots of text messages, Snapchat or Instagram are very easily forwarded to friends of friends, or posted on social media. They can go viral from there and you will never be able to get it back.
Sexting Legal with Consent? No
Sending or receiving sexual photographs of anyone is illegal. This is very serious and you can be charged with crimes related to transmitting pornography. You might think that a picture you have is okay because the person in it agreed to have their photo taken or because they sent it to you in the first place. but the law doesn’t distinguish between photos that young people take of their friends or partners and other types of pornography. Any sexual image of a person underage could be considered pornography by a court.
This means that you can’t take, send or store a sexual picture of yourself, even if you decide you want to, and even if you’re old enough to consent (agree) to other sexual activity. You can’t film or photograph yourselves with your clothes off or doing anything sexual.
According to the analysis of studies by JAMA Pediatrics, Every one in seven teens, that is about 15 percent, are sending sexually explicit text messages to others, while one in four teens that is 25 percent have reported receiving sexts message. Lack of monitoring mechanisms, growing cybercrimes, nascent cybercrime laws, and bullying, other issues are common reasons for increasing Sexting in India. The best example is trolling on social media popular personalities.
The study reported that 77 percent of Indians reported behavioral concerns like cyberbullying, trolling, online harassment, sexual solicitation, sexting, revenge porn, or sextortion. Do we have Any laws in India to control them? Yes. The legislature has passed many Acts to control growing cybercrimes and define the scope of crime and punishment for those crimes in each ACT.
Disseminating Obscene Material to Children
Second, an adult who sends a nude or sexual photo of him or herself to a child could also be convicted of a crime. In many states, it is illegal to share with children anything obscene or sexual in nature. For example, a school teacher who sends a photo of his genitals to a student could be convicted of disseminating obscenity.
Harassment
Finally, an adult who shares nude or sexual photos of another adult without his or her permission or who sends unwanted sexts to another person could be charged with harassment or sued in civil court for causing emotional distress or other damage. One common scenario is revenge porn—for example, when an ex-boyfriend who distributes private photos in an effort to get back at his ex-girlfriend.
Child pornography laws can be very harsh; many impose years in prison for each image. Furthermore, in almost all states, adults convicted of child pornography offenses are required to register as sex offenders. Sex offenders must provide their personal information to police officers, who may make the information public. Failing to register when required to do so is also a crime. Finally, registered sex offenders may be banned from certain jobs (such as teaching) or even from living near a park or playground.
Child enticement laws can also be very harsh, and the crime is often punishable by long prison terms. Usually, child enticement convictions also result in sex offender registration.
Obscenity laws vary greatly. In some states, disseminating obscenity to a minor is a misdemeanor (punishable in most states by up to one year in jail). In other states, the crime could be a felony (punishable by one year or more in state prison). States’ requirements on sex offender registration also differ for obscenity convictions.
Harassment penalties also vary. Often, the penalty is a misdemeanor but can be enhanced to a felony for repeat offenses or threatening behavior. As more states enact “revenge porn” laws, harassing behavior can result in not only harsh criminal penalties but also civil sanctions.
Sexting – the consequences
The Information Technology (IT) Act, 2000
The Protection of Children from Sexual Offences (POCSO Act) Act, 2012
Some of the sections that outline privacy and violation of privacy
Section 66E: Punishment for violation of privacy
Under this section transmission of images of “a private area of any person without his or her consent” is a punishable offense and the punishment is imprisonment for three years or with a fine not exceeding two lakh rupees, or both.
This section emphasizes the importance of the Right to Privacy to be guaranteed as a fundamental right and protected under the Right to Life in Part III of the Constitution of India. Sharing of personal content without the consent of that person would be a breach of the privacy of a person, therefore, would also be violating Article 21 of the Constitution of India.
Section 67: Punishment for publishing or transmitting obscene material in the elect form
This section deals with the publishing or transmitting of obscene material (described as “any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons”).
The punishment on first conviction is imprisonment up to three years and with fine of five lakh rupees, and subsequent convictions to be punished with imprisonment up to five years and a fine which may extend to ten lakh rupees.
Section 67A: Punishment for publishing or transmitting of material containing the sexually explicit act, etc., in electronic form
This section punishes publishing or transmitting of material that contains sexually explicit acts or conduct. The punishment on first conviction is imprisonment upto five years and fine upto ten lakhs. Since the Bois Locker Room incident involved sharing of morphed images of girls, the present section is applicable.
Section 67B: Punishment for publishing or transmitting of material depicting children in the sexually explicit acts, etc., in electronic form
The present section on first conviction provides a punishment of imprisonment up to five years with a fine up to ten lakhs.
This section covers not just the depiction of children in sexual acts or conduct, but the creation or distribution of any digital text or images that depict children “in an obscene or indecent or sexually explicit manner”.
It is pertinent to note that the present incident involves sharing of obscene or private images of minor girls. Therefore, the present section can also be a recourse. Further, many of the comments and discussions also might fall within the ambit of this section.
Protection of Children from Sexual Offences (POCSO) Act, 2012
Section 14 and 15: child pronography
Under section 14(1): The use of a child or children for pornographic purposes is punishable with imprisonment of up to five years along with a fine. Further, under section 15 storage of pornographic material involving a child with the intention of distributing it is punishable by imprisonment of up to three years or with a fine or both.
Considering Sexting Consequences?
As well as being illegal , there are other consequences to sexting. It can also lead to serious penalties or being found guilty of sexual offences, and it may come back to haunt you later .
Even if you are in a secure relationship now, you may break up in the future and the other person could show the images to someone else. When people find out what you did or see the pictures it could lead to bullying and or humiliation. It might be that once the other person receives the photos they want to ‘brag’ to their friends, who then show others and before you know it everyone you know has seen you naked or in a compromised position.
You should consider the consequences of sexting regardless of your age as not all relationships last and not all end nicely. Once those pictures leave your control you never know where they might wind up or when! Remember – once those images are out there you can’t get them back. It’s forever!
Sexting – conclusions
there is no technology evolved till date that control content or pictures and there is no safe way to send a sexual picture.there is no way to you can control who sees your photos or someone else once it has been transmitted by text, email or posted online.
The best way to stay safe is:
- Don’t receive, send or store a sexual photo or video of anyone under 18;
- if you receive a sexual picture of someone who you know is under 18 or who looks under 18, DON’T share it and DO delete it immediately; and
- if you’re worried about a picture that’s already out there, talk to an adult you trust.
What to do if your child’s image has already been shared:
- Report it to the Admin of website or apps where the images are posted. Make sure your child is a minor and it was posted without consent.
- Contact the police if your child is being blackmailed, harassed, or if it involves an adult.
- Give moral support to victim and consider seeking professional counseling if they need help coping
