Sextortion in India: A Looming Shadow in the Digital Age

Abstract:

Sextortion, the blackmailing of victims using intimate photos or videos, is a rapidly growing threat in India. This article talks the legal framework, challenges, and potential solutions for this crime.

Introduction:

The anonymity and ease of connection offered by the internet have transformed how we interact. For students and instructors, having access to the internet has been beneficial in some ways. It has given them access to a broad range of instructional strategies, study materials, and global audiences for content providers. However, this digital landscape also harbours dark corners. Sextortion, the act of blackmailing someone using sexually explicit photos or videos, is a growing menace in India, particularly for young people[1]. Sextortion tactics often involve perpetrators luring victims through social media, online dating platforms, or gaming communities. They might engage in romantic online relationships or exploit vulnerabilities to obtain compromising photos or videos. Once acquired, these materials are then used to blackmail victims for money, sexual Favors, or further explicit content. The anonymity of online interactions and the stigma surrounding sextortion often prevent victims from coming forward[2]. This lack of reporting hinders accurate data collection, but available statistics paint a concerning picture. According to a 2024 report by the Times of India, citing data from the National Cybercrime Reporting Portal, India witnessed a surge in cybercrimes, including sextortion, with over 7 lakh complaints registered in the first four months of the year alone. Experts believe the true number of sextortion cases is likely much higher.

The Legal Landscape:

India currently lacks a dedicated law criminalizing sextortion. However, existing legislation offers some avenues for legal recourse, albeit with limitations:

The Information Technology Act, 2000 (IT Act):

• Section 67 of the IT Act criminalizes the publication or transmission of obscene material in electronic form. This section can be applied to sextortion cases involving explicit content.
• Section 66A of the IT Act (now repealed in 2015) previously penalized sending "offensive" messages. While its repeal was intended to protect freedom of speech, it removed a potential tool for addressing some sextortion tactics.

The Indian Penal Code, 1860 (IPC):

• Sections 500 (defamation) and 507 (criminal intimidation) can be invoked in cases of sextortion involving malicious messages intended to damage someone's reputation or cause alarm.
• Section 294 (obscenity) and Section 509 (word, gesture or act intended to insult the modesty of a woman) can be applied to sextortion involving offensive or harassing content directed at women.
• Section 354A (sexual harassment) and Section 354D (stalking) can be applied to online harassment with a sexual nature.

Challenges in Investigation and Prosecution:

• Underreporting: Fear and stigma often prevent victims from coming forward, hindering data collection and identification of perpetrators.
• Identification: The online nature of the crime and the use of fake profiles make it difficult to locate perpetrators, especially those operating across borders.
• Evidence Gathering: Securing digital evidence like online conversations and exchanged material can be complex and time-consuming. Delays in reporting further complicate evidence collection.
• Lack of Awareness: Limited public and law enforcement awareness about sextortion tactics can lead to mishandling of cases.

Case Laws:

Courts in India have interpreted these existing laws to address sextortion cases. In the landmark case of State (NCT of Delhi) v. Navpreet Singh (2020), the Delhi High Court used Section 294 (obscenity) of the IPC to convict an individual for posting offensive content about a woman online. This demonstrates the potential of existing legal frameworks, albeit with limitations.

Despite existing legal provisions, several challenges hinder effective enforcement against sextortion in India:

• Underreporting: The fear of social stigma and shame often discourages victims from reporting sextortion incidents. This lack of data hinders effective tracking and investigation of the crime.
• Identification of Perpetrators: The online nature of the crime and the use of fake profiles make it challenging to identify and locate perpetrators, especially those operating across borders.
• Gathering Evidence: Securing digital evidence, such as online conversations and exchanged material, can be complex and time-consuming. Delays in reporting further complicate evidence collection.
• Lack of Awareness: Limited public awareness about sextortion tactics and legal options leaves many individuals vulnerable to falling victim.

Balancing Protection and Expression

The debate surrounding a dedicated sextortion law in India is ongoing. Proponents argue that a specific law would provide greater clarity, deter potential perpetrators, and offer better protection for victims. Opponents raise concerns about potential misuse and the need to safeguard freedom of speech. A broad law could be used to stifle legitimate online communication or restrict healthy romantic relationships initiated online.

Suggestions for a Safer Digital Space:

• Law Enforcement Training: Law enforcement agencies can be equipped with specialized training in investigating and prosecuting cybercrimes, specifically sextortion. This includes training on digital forensics, online undercover operations, and international cooperation techniques.
• Public Awareness Campaigns: Comprehensive public awareness campaigns can be launched to educate internet users, particularly young people, about sextortion tactics. These campaigns should emphasize the dangers of online relationships with strangers, the importance of protecting privacy, and the availability of support systems.
• School Curriculums: Integrating cyber safety education into school curriculums can equip students with the knowledge and skills to navigate online interactions safely.
• Empowering Victims: User-friendly reporting mechanisms on social media platforms and other online services can empower victims to report sextortion incidents effectively. Support systems can be established to provide victims with legal and psychological assistance.
• Cyber Hygiene Practices: Promoting responsible online behaviour through "cyber hygiene" practices is crucial. This includes encouraging users to be cautious about what information and photos they share online, maintaining strong passwords, and verifying the identity of online connections before engaging in intimate conversations.

Protect yourself:

there are steps you can take to protect yourself:

• Be cautious online: Don't share explicit photos or videos with anyone you haven't met in person and trust implicitly.
• Beware of online relationships: Be wary of individuals who rush intimacy online or seem overly eager for personal information.
• Maintain strong passwords: Use strong, unique passwords for all your online accounts and enable two-factor authentication where available.
• Scrutinize online profiles: Be cautious of profiles with limited information or stolen photos.
• Don't engage with suspicious requests: If pressured to send explicit content or engage in online sexual acts, refuse immediately and cease communication.
• Report suspicious activity: If you suspect a sextortion attempt, report it to the platform you're using and consider filing a police complaint.

Finding Support After Sextortion

If you've been targeted by sextortion, here are resources and support systems available in India:

Government Resources:

• Cyber Crime Reporting Portal: https://www.cybercrime.gov.in/ - File a complaint online.
• National Helpline for Women - 181[3]: Can be used for reporting cyberbullying incidents with a gendered aspect.

NGOs and Support Organizations:

• Cyber Society of India (CSI): https://csiindia.org/ - Provides legal aid and guidance to victims.
• Cyber Peace Foundation[4]: https://www.cyberpeace.org/ - Offers counselling and workshops to promote online safety.
• Manav Foundation: https://www.manavfoundation.org.in/aboutus.html - Works towards cyber safety awareness and education programs.

Remember: Don't face this alone. Seek help and support from a trusted adult, friend, family member, or a helpline.

Conclusion

Sextortion is a complex issue with no easy solution. The anonymity of the internet, coupled with a lack of awareness and underreporting, creates a breeding ground for perpetrators. However, India is not without options. By strengthening existing legal frameworks, investing in law enforcement training, implementing robust public awareness campaigns, and fostering responsible online behaviour, India can create a safer digital environment for its citizens. Additionally, empowering victims with accessible reporting mechanisms and support systems is key to tackling this insidious crime. By working collaboratively, parents, educators, law enforcement, social media platforms, and the government can create a safer online space for everyone.

Author's Note:

This article is an entirely original work, never before submitted for publication. It is intended solely for academic and scholarly discussion. The author takes personal responsibility for any potential infringement of intellectual property rights.

Author Profile:

Sneha, 3rd year student of LL.B. Professional course, Department of Law, Kurukshetra University, Kurukshetra

[1] “Sextortion” (FBI GOVERNMENT, 2022) https://www.fbi.gov/how-we-can-help-you/scams-and-safety/common-scams-and-crimes/sextortion accessed June 7, 2024

[2] “‘Sextortion’” (National Crime Agency, April 29, 2024) https://www.nationalcrimeagency.gov.uk/news/nca-issues-urgent-warning-about-sextortion accessed June 7, 2024

[3] “Women Helpline Number” (WDCHRY GOVT, June 7, 2024) https://wcdhry.gov.in/women-helpline-number-181/#:~:text=Women%20Helpline%20(WHL)%20has%20been,functional%20on%203rd%20December%202018. accessed June 7, 2024

[4] “CYBER PEACE” (Cyber Peace Org, 2024) https://www.cyberpeace.org/ accessed June 7, 2024