Sexting – Cyber Crime

Sexting is an act of sending sexually explicit digital images, videos, text messages, or emails, usually by cell phone. Sexting is the portmanteau of Sex and Texting Sharing of porn images (of others) among teens is a common behavior. This sharing of porn images as a cultural behavior of teens enhances their understanding of sex and sexual behavior without the support of the adults.

Notably, the millennial teens are now opened with new vistas of sharing their own nude images to others by the digital technology such as smart mobile phones and the internet. This phenomenon is termed as Sexting.

1. 1. Sending sexual images/text to known/unknown persons,
2. 2. This activity is done mainly through mobile phones, however, sharing of images is also done via emails and social media.
3. 3. It is an activity predominantly done by teens or young adults below the age of eighteen, even though adults do involve in sexting. Also, adults sharing sexual images to a child is child grooming and not sexting and it is a ‘criminal activity’ (Bond, 2016),
4. 4. The images produced are self produced or self generated and general transfer of porn images do not fall under sexting,
5. 5. Most of the sharing of sexted images/text happens between peer to peer, though, occasionally sharing happen with unknown persons.

Sexting, having characteristics of 9 child pornography, is being legally considered as a
new form of child pornograph

A 2018 investigative study found that 1 out of every 4 teenagers received a sexually explicit text while 1 out of every 7 sent a sexually explicit text. Also, at least 1 teenager out of 10 forwarded these sexts without consent.

Know More about relevant section of IT Act and BNS on Sexting

Images of “a private area of any person without his or her consent” are covered under this provision. The same offense carries a sentence of three years in jail, a fine of up to two lakh rupees, or both. This is a crucial part because it protects the right to privacy, which has just been deemed a basic right under Part III of the Indian Constitution. Therefore, sharing any material that infringes on someone’s privacy would likewise be against Article 21 of the Indian Constitution.

Publication and transmission of pornographic material—defined 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”—are covered under this clause. First-time offenders face a maximum sentence of three years in jail and a fine of five lakh rupees. Repeat offenders face a maximum sentence of five years in prison and a fine that can go up to 10 lakh rupees.

Punishment for Publishing or Transmitting of Material Containing the Sexually Explicit Act, etc., in Electronic Form

Publication or transmission of content containing sexually explicit acts or conduct is prohibited by this law. On a first conviction, the penalty consists of a fine of up to Rs 10 lakh and five years in jail. This portion is relevant since the Bois Locker Room episode involves the distribution of altered photographs of girls.

Punishment for Publishing or Transmitting of Material depicting Children in Sexually Explicit Act, etc., in Electronic Form

The current first conviction clause stipulates a maximum five-year jail sentence and a fine of 10 lakh. This clause addresses the creation or dissemination of any digital text or photos that show children “in an obscene, indecent, or sexually explicit manner,” in addition to the representation youngsters in sexual activities or behavior. Notably, the current occurrence involves the distribution explicit or private photos of young females. Consequently, this section can also be used as a resource. Moreover, a lot of the conversations and comments may also be included in this part.

Under Section 14(1), the use of a child or children for pornographic purposes is punishable with imprisonment for 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

Sharing pictures/videos without consent

Section 354C of the Indian Penal Code, 1860 prescribes punishment for an individual who disseminates the pictures of a woman when she did not give
her consent for the dissemination. For example, A allows B to capture her images but does not consent for their dissemination. However, B forwards the pictures to C and D. This act of B will be punishable under this provision for a minimum of one-year imprisonment along with a fine.

The two important cases which paved the way for framing sexting as “child pornography” are Osborne v. Ohio (495 U.S. 103), 1990 and Ashcroft v. Free speech coalition 535 U.S. 234 (2002)