Whether posting pictures of a person on social media without his/her consent is a form of cyber crimes ?

Response

Uploading picture of someone on social media, without their consent may be considered an act of violation of privacy and the person can be punished for that.

Section 67 of Information Technology Act, 2000 states- Punishment for publishing or transmitting obscene material in electronic form.Ð
Any person who publishes or communicates or transmits or causes to be published or transmitted any content in electronic form which is vulgar and immoral and the receiver is forced to witness such lascivious content by either reading, seeing or hearing such a content, shall be punished with an imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees in case the person has been convicted for the first time. But in case of second or subsequent conviction, the person shall be imprisoned for a term which may extend to five years and also with fine which may extend to ten lakh rupees.

Section 67A. Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form.Ð
Anyone publishes or transmitts or attempts to published or transmitted in the electronic form any content which contains an act which is sexually explicit or which shows sexual conduct shall be punished with imprisonment for a term of five years and fine which can be extended to ten lakh ruppess if he has been convicted for the first time and in the event of second or subsequent conviction with imprisonment for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.

Hence, if the images are obscene or sexually implicit, then the party can be held liable under the Information Technology Act, 2000.

Reference:

20210024202100424412

LAWAYZ-2023-399

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