Cyber Pornography and Plight of Women in the Digitalized India

I. Introduction

Today the internet, also known as the net, is a global computer network system that allow user to access information from any other system. It has become crucial part of our lives as the almost of the work is being done by the internet. Moreover, it is accessible to almost any person regardless of age and condition. Despite its usefulness, the internet has also become a tool for committing crimes, making life seem impossible without it. However, the internet has also become a tool for cybercrime, which involves using a computer and a network to commit crimes. Cyber pornography is one such crime committed against women with the help of the internet or technology.

Pornography is existing in society for a long time. Depending on the ethical and moral value associated with pornography the state allows it. There are conflicting debate about its impact on various group of society in particular the vulnerable group i.e., women in particular. Defining Pornography is an arduous task and therefore it was rightly described by the Potter Stewart that “I can’t define it, but I know it when I see it².” Pornography is combination of two Greek words ‘porni’, meaning prostitute and ‘graphing’ meaning to write³. Cyber pornography means an act by using cyberspace to create, display, distribute, import, or publish obscene materials, especially materials related to children who are engaged in sexual acts with adults⁴. Pornography is a criminal offence which has been considered as one of the corrupt demonstration causing harm to people. The individual uses the internet to arrange sexual activities, have sex, and have a sexual life. There are several websites that provide a variety of pornographic content, from images and short, energising films to voice recordings and stories.

Nowadays, with the advancement of technology, the deepfake pornographic images or content can be created by using deep learning technology to superimpose a person's face onto another individual's body in videos or images. The essence of the term "deepfake" lies in its components - 'Deep' represents Deep learning, and 'fake' signifies the ‘act of deception’⁵. It is kind of cybercrime, especially against women, that include manipulation of video and image of a women. The term "deepfake" gained prominence in 2017 when a Reddit user utilized the technology to interchange the faces of celebrities with those of adult stars⁶. The ‘deepfake’ videos have become commonplace, ranging from fabricated speeches by Mr. Barack Obama delivering false news to Mr. Mark Zuckerberg⁷ asserting that Facebook exploits user information and violates privacy. Detecting any inconsistencies in these videos is nearly impossible, making it easy for viewers to be misled into perceiving them as genuine. Consequently, various nations, including the United States, are actively promoting research in technologies for detecting deepfakes and offering incentives, such as deepfake prizes⁸. Social media platforms like Facebook also support bug bounty programs aimed at discovering methods to identify deepfake content.

In India, there is no express definition to deal with for deepfake pornographic content or images. But impliedly section 66E⁹ of the IT Act deals with the crime which infringe the privacy of any person. In addition of this, Section 66D of the IT Act, provides that “any individual with malicious intent, to cheat or impersonate someone by using any communicating device or computer resource, can result in imprisonment for up to 3 years or fine upto 1 lakh¹⁰”. These sections, i.e., section 66D and 66E, are impliedly deal with cybercrime like deepfake pornography. The increasing frequency of cybercrimes, especially those directed towards women, highlights the need for a thorough review of the current legal system and its suitability for handling new risks like deepfakes.

Deepfakes, digitally altered social media, pose a significant threat to privacy and trust, particularly for women in India. As technology advances rapidly, it is crucial to understand and address the dangers of creating pornographic content, which can cause irreversible harm. The rise of deepfakes has raised concerns about the potential negative impacts, particularly for women under the Information Technology Act of 2002. The dark underbelly of cyberspace poses a formidable challenge to privacy and security in the 21st century.

II. Cyber pornography in india

Deepfakes have the potential of committing crimes against persons such as identity theft, blackmail via manipulated video/image (Sextortion), and internet theft, and many others. These are some improper applications of AI-powered technology. The rise of cybercrimes against women in India has led to the development of a legal framework to address these crimes. According to NCRB Report of 2020¹¹, the total number of 2756 cases are being registered for offences against women that includes cyber pornography, publishing obscene sexual materials, cyber stalking, cyber-bullying, defamation, indecent representation of women. 1463 cases out of 2756, are cyber pornography resulted cause of revenge¹².

The legal framework in India that deals with cybercrimes against women is a critical tool to provide protection and justice to women who are victims of cybercrimes. The framework includes several laws and regulations, such as the Information Technology Act, Indian Penal Code, and the Constitution of India. However, the implementation of these laws and regulations remains a challenge, and there is a need for capacity building of law enforcement agencies and the judiciary. It is also essential to create awareness among women about their legal rights and the available remedies to seek justice.

a. The Constitution of India

The Indian Constitution allows legislative abridgement of freedom of speech and expression for decency or morality¹³. The essence of ‘free expression’ is the ability to think and speak freely and to obtain information from others through publication and public discourse without fear of retribution, restriction, or repression by the government. It is through free expression, people could come together to achieve political influence, to strengthen their morality, and to help others to become moral and enlightened citizens.

The expression “indecency” seems to be easily interchangeable with obscenity, the word commonly used in English statute. The word ‘morality’ has a wider connotation then decency. Though most of the English statutes dealing with the subjects and several sections of Indian Penal Code, 1860 use the word “OBSCENE”, it is not easy to define what obscenity is¹⁴.The concept of obscenity differs from nation to nation. It depends on the cultural values and moral standards that have shaped the history and society of the country. Typically, obscenity is usually analysed in the backdrop of sexual conduct. Indian law on obscenity is defined under the Indian Penal code. India is known as the first country in the world to present a formal guide to erotica in the form of Kama sutra¹⁵. However, pornography as a term has remained undefined by laws unlike obscenity for a long time. Sex is seen as a forbidden subject in India, being linked to immorality, indecency. The Indian legal system upheld this social morality to a large extent. Pornography damages the moral fabric of the society. According to report of Venkanth Ananth, data reveals by PornHub, the Indian women third highest consumer of porn¹⁶.

The Constitution of India is the basis and supreme law in India. The word “democratic”, “justice” and “Liberty” used in Preamble require balance between morality and law. In our republic and democratic India, we have freedom and liberty to enjoy our life, to express ourselves but all these freedoms are not absolute and restrictions has been put which are necessary and reasonable. Pornography or Obscenity is liable to be condemned and regulated by law in any civilized society there by aiming to secure and protect freedom of speech and expression which is guaranteed by Constitution under Article 19(1)(a)¹⁷. The “freedom of expression” is a fundamental human right, both in itself and due to the role it plays in guaranteeing other rights. One of the most controversial issues is how to balance the need to protect society against the potential harm that may flow from pornography and obscene materials, and the need to ensure respect for freedom of expression and to preserve a free flow of information and ideas. Article 19(2) of the Indian constitution provides that States has the power to impose reasonable restriction on freedom of speech and expression to maintain decency or morality.

b. Indian Penal Code

The Indian Penal Code (IPC) is the primary criminal law in India. The IPC includes provisions that deal with crimes against women, such as rape, sexual harassment, and domestic violence. The IPC has been amended to include provisions that deal with cybercrimes against women, such as voyeurism, cyber stalking, and dissemination of sexually explicit material. The IPC also provides for punishment for abetment to cybercrimes against women. The IPC also includes provisions that deal with cybercrimes against women, such as online harassment, stalking, and revenge porn.

Pornographic magazines have become a significant business, with their popularity increasing due to the broad range and boldness of subjects covered. Markets are filled with books, magazines, periodicals, posters, and other pornographic literature depicting women in vulgar ways, exposing their private parts and shameing womanhood. These magazines are causing heinous crimes like rape and other sexual offenses with women, children, and girls in the country. The term "obscene" is not clearly defined in the Indian Penal Code, but it should be understood as offensive to chasity or modesty, expressing unchaste and lustful ideas, impure, indecent, or lewd. Pornography is considered an obscene literature, art, or pornography.

The code deals with sale of obscene books. It means a book, pamphlet, paper, writing, drawing, painting, representation, figure is obscene if it is lascivious or are such that they tend to deprave and corrupt person. It says that whoever sells, hires, distributes, publicly exhibits or put into circulation in any manner or produces or possesses, or import, export any obscene object or advertises shall be punishable with imprisonment which may extend to 2 years and with fine up to Rs. 2000¹⁸. Further, section 293 deals with sale of obscene object to young person. Young person means any person below the age of 20 years.

c. Information Technology Act

The rapid evolution of the internet has led to significant advancements in technology, but it has also raised legal issues. The Indian Parliament passed the first Cyber law, The Information Technology Act, 2000, which addresses punishment for sending offensive messages through communication services. The Act punishes individuals who send grossly offensive or menacing information, false information, or emails causing annoyance, inconvenience, danger, obstruction, insult, injury, enmity, hatred, or ill will through computer resources or devices¹⁹. The IT Act is the primary law in India dealing with cybercrimes, providing legal recognition for electronic transactions and facilitating e-governance²⁰. It also addresses cybercrimes against women, such as hacking, identity theft, and electronic stalking. The Act also establishes cybercrime investigation cells in every state to investigate and prosecute cybercrimes.

Section 67 of the Act deals with punishment for publishing or transmitting obscene material in electronic form. It says that Whoever publishes or transmits or causes to be published or transmitted in the electronic form, 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 who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished. Section 67A of the Act Deals with punishment for publishing or transmitting of material containing sexually explicit act etc., in electronic form. It says that whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lac rupees and which may extend to seven years on subsequent conviction and with fine which may extend to ten lac rupees.

The fact that our lawmakers felt two provisions are required to deal with such material is interesting. Where the offline world is concerned, the law only prohibits obscenity. Online, however, the publication and transmission of sexually explicit material is further singled out, and made punishable, explicitly²¹. A new crime has been created under the law, despite the fact that much of this material would likely fall under obscenity laws.

d. Indecent Representation of Women (Prohibition) Act,1986

The Indecent Representation of Women (Prohibition) Act, 1986, was introduced to regulate the portrayal of women in mainstream media, particularly print media. The law prohibits indecent representation through various means, including publication, advertisement, paintings, figures, and pamphlets. It aims to ensure that women's portrayal in media is not considered "indecent." The Act, which remains in effect, primarily focuses on print media and advertising.

e. Cinematograph Act (Act No. 37 of Year 1952)

The Cinematograph Act,1952 is an act for making provisions for the certification and exhibition of films. This Act is a central law which establishes authorities to censor movies and prevent exhibition of those films which are against the culture of our society.

f. The Young Person (Harmful Publication) Act (Act no.93 of 1956)

It is an act for preventing circulation of certain publications which are harmful to young persons. Young person means persons below age of 21 years²². Any person who sells, hire, distribute, or publicly exhibit any harmful publication or produces or possesses for sale shall be liable for imprisonment²³.

III. Role of artificial intelligence and vulnerability of women

Deep fakes are becoming increasingly common due to the abundance of training data, high-throughput computing capacity, and the development of machine learning and computer vision algorithms²⁴. These algorithms generate modified videos depicting the subject's face using source material like films or visual representations. The process is called deep learning, where neural networks are used to automatically detect the subject's face expression before creating the updated video²⁵. This makes deep fakes more accessible and easy to produce, allowing for more accurate and efficient video editing. Therefore, it become very easy to access the technology to harm the reputation of a person by making revenge porn or generating obscene images particularly of women.

Technology has revolutionized our lives in many ways, but it has also opened up new avenues for cyber criminals to commit crimes against women. The misuse of AI technologies, particularly deepfakes, poses significant threats to women. AI-generated explicit images pose a significant threat to women's rights in India, where women's rights are already at risk. The increasing ability of AI to create realistic content can lead to damaging effects. Recent incidents, like the viral spread of fabricated images of celebrities like Taylor Swift and Bollywood stars like Rashmika Mandana, Katrina Kaif etc., highlight the severity of this threat²⁶. This could exacerbate existing societal challenges faced by women, including employment, education, mental health, and personal safety. Deepfake pornography, where AI is used to create explicit content without consent, disproportionately targets women. Moreover, AI technologies can also be used to facilitate digital stalking and harassment. Tools that track online behaviour, analyze social media activity, and even mimic personal communication styles can be exploited to harass and intimidate women, exacerbating their vulnerability in digital spaces²⁷. This form of cyber exploitation can lead to severe psychological trauma, reputational damage, and social stigmatization.

The problem with cyber fraud and Deepfakes is not just believe in falsehoods but our inability to recognize and trust the truth. The impact of DeepFake on individuals is insidious, detrimental and almost inconspicuous. The psychological impact on women targeted by deepfake pornography is profound. Victims often experience anxiety, depression, and a sense of violation²⁸. The social ramifications can include damaged relationships, career setbacks, and societal judgment. In addition to the harmful impact deepfake videos have on society, deepfake porn can be incredibly damaging to a woman who has become a victim of this harmful practice. It has the potential to inflict extreme psychological distress on a woman, to the point that it could also lead to physiological symptoms, such as heart palpitations and panic attacks²⁹. This is a damaging sexual violation that could result in a woman or victim feeling as if they’ve been sexually violated.

Deepfake pornography can cause extreme trauma, dissociating individuals from reality and causing temporary amnesia. The intensity of this trauma depends on various factors, including the content, immediate impact on the individual's life, age, spiritual belief system, and past sexual experiences³⁰. Exposure to pornography can also cause trauma, as it high-jacks the brain, releasing dopamine and triggering the pleasure center. Victims may experience guilt, shame, and feeling dirty, even if they are not responsible for the content.
Females under 18 have been victims of deepfake porn, where selfies are placed over naked women's images. The content usually stays on sites for several months, requiring mass reporting and activism to remove. This problem has devastating repercussions for the creators and distributors, as seen in the case of Rana Ayyub, who became a victim after reporting about an eight-year-old raped in India. The United Nations intervened on her behalf.Stricter cyber laws are needed to protect the innocent, as deepfake porn is a devastating practice that is causing significant damage to women and society. The growing issue of deepfake porn should be resolved through stricter cyber laws to protect the innocent.

IV. Government initiative and policy

The National Cyber Crime Reporting Portal was launched in 2019 by the Ministry of Home Affairs to provide a platform for citizens to report cybercrimes. This portal allows citizens to report incidents of cybercrime, including those that target women, and provides them with information about cybercrime prevention and safety measures³¹. The portal also enables law enforcement agencies to take prompt action on reported cases.

The Cyber Crime Prevention against Women and Children (CCPWC) scheme was launched by the Ministry of Home Affairs in 2018 to provide financial assistance to states and union territories to set up specialized cybercrime cells to handle cases related to cybercrimes against women and children. The scheme also provides for the creation of a dedicated cyber forensic laboratory in each state and union territory to assist in the investigation of cybercrime cases. In addition to these initiatives, the Indian government has also introduced several policies to address cybercrimes against women. The National Policy for Empowerment of Women, launched in 2001, includes provisions for the protection of women's rights in cyberspace. The policy recognizes the need to address gender-based violence in all its forms, including in cyberspace, and calls for the development of gender-sensitive laws and policies to address this issue.

The Digital India initiative, launched in 2015, aims to transform India into a digitally empowered society and knowledge economy³². The initiative includes provisions for the promotion of digital literacy and cyber security awareness among citizens, particularly women and girls. The initiative also includes measures to improve the availability and quality of digital infrastructure and services, which can help to reduce the digital divide and increase access to technology for women.

The Indian government has also introduced several amendments to the Information Technology Act, 2000, to strengthen the legal framework for addressing cybercrimes against women. These amendments include provisions for the punishment of cyber stalking, voyeurism, and dissemination of sexually explicit material without consent. The amendments also provide for the establishment of a Cyber Appellate Tribunal to hear appeals against decisions of adjudicating officers under the Information Technology Act. Despite these initiatives and policies, there are still challenges in effectively addressing cybercrimes against women in India. For example, the National Cyber Crime Reporting Portal has a low reporting rate, which may be due to lack of awareness among citizens about the portal or fear of retaliation. The CCPWC scheme also faces challenges, such as lack of trained personnel and inadequate infrastructure in some states and union territories³³.

V. Conclusion and suggestions

Insufficient public understanding and awareness, along with inadequate laws, worsen the impact of deepfakes. Laws and regulations have not kept up with technological advancements in many nations, but developments in adjacent fields like Mexico's Ley Olimpia have extended to other Latin American nations³⁴. By making it easier to report cyberaggression, such efforts enable the effective punishment of individuals who commit these crimes. Disseminating knowledge about deepfakes also aids in preventing a culture that minimizes or ignores these practices.
Public security agencies, digital platforms like social networks, and other websites need to put deepfake detection technology and other examples of digital violence into practice. Promoting stringent guidelines and measures is essential to halt the dissemination of photos and information that have been altered without participants' permission. Additionally, using technology to generate pertinent reports is crucial. El Salvador's LegalTech programme for LGBTQ persons makes it easier for victims of gender-based violence to get services³⁵. Programmes for education must be developed to identify and report instances of gender-based violence on the internet.

In the modern digital environment, deepfakes and other types of online abuse pose an increasing threat to women's safety and dignity. It is critical to handle this issue in its entirety to stop the wave from growing larger. It is imperative that the legal and security sectors, the technology sector, and the educational system work together and coordinate their efforts to safeguard the rights and well-being of women and other impacted populations.

The digital realm should be dedicated to development and ingenuity, where women can freely and securely express themselves without worrying about falling prey to another deepfake. Image generation and morphing are the two main methods used to make deepfakes. The impact of deepfakes, particularly those that are sexually graphic, can vary depending on the nation. Policymakers should understand that deepfakes are employed for a variety of acceptable objectives, such as satire and artistic works.

A potential legislative proposal may mandate the inclusion of a disclaimer or content warning. Encouraging service providers to get this consent prior to receiving an order to produce a deepfake is one way to implement this policy. Legislators might want to take into account "know your customer" laws that are now in place in the banking and financial services sectors, given the possible harm that deepfakes might do³⁶. Legislative or legal measures such as those above are unlikely to end the harmful use of deepfakes because of the boundaries that separate countries and the cyberspace. Policymakers should think carefully about the best ways to educate digital literacy. Media literacy initiatives are thriving to counteract this deeply ingrained prejudice, and worldwide school curriculums are being established to incorporate global standards for digital literacy. The advent of deepfake technology presents hitherto unseen obstacles to the global legal and social structure of human civilization. While certain parts of deepfakes are covered by the existing framework, there is an obvious need for targeted regulation, judicial clarification, and public involvement to stop the improper use of this technology. As AI-generated photos and films become increasingly lifelike through technological improvements, society must confront the moral and legal ramifications of these developments.

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Footnotes

1. Author is a Teaching Assistant & Research Fellow at The NorthCap University, Gurugram, Haryana, India.

2. Kevin Smith, I can’t define it, but I know it when I see it - Scholarly Communications @ Duke, Scholarly Communications @ Duke (2009), https://blogs.library.duke.edu/scholcomm/2009/10/13/i-cant-define-2/ (last visited May 17, 2024). ↩

3. Pornography | Definition, History, Meaning, & Facts | Britannica, Encyclopædia Britannica (2024), https://www.britannica.com/topic/pornography (last visited May 17, 2024). ↩

4. Law Socio Economic Offences Cyber Pornography Role Name Affiliation, https://epgp.infli bnet.ac.in/epgpdata/uploads/epgp_content/S001608/P001741/M022116/ET/1504181842et.pdf. ↩

5. Heidari, A., Jafari Navimipour, N., Dag, H., & Unal, M, “Deepfake detection using deep learning methods: A systematic and comprehensive review”, 14(2) WIREs Data Mining and Knowledge Discovery (February 9, 2024). ↩

6. The Hard Copy, (2021). “Personalised Celebrity Messages Using AI.” available at https://thehardcopy.co/personalised-celebrity-messages-using-ai/ (last visited March 12, 2024) ↩

7. Craig Silverman, How To Spot A Deepfake Like The Barack Obama–Jordan Peele Video, BuzzFeed (2018), https://www.buzzfeed.com/craigsilverman/obama-jordan-peele-deepfake-video-debunk-buzzfeed (last visited May 17, 2024). ↩

8. Simon Torkington, The US has plans to tackle AI-generated deepfakes, World Economic Forum (2024), https://www.weforum.org/agenda/2024/02/ai-deepfakes-legislation-trust/ (last visited May 17, 2024). ↩

9. Information Technology Act, 2002 (Act 21 of 2000), s.66E. ↩

10. Information Technology Act, 2000 (Act 21 of 2000), s. 66D ↩

11. NCRB (National Crime Records Bureau) Report 2020 ↩

12. NCRB (National Crime Records Bureau) Report 2020 ↩

13. Article 19(2) of Constitution of India ↩

14. “Freedom of the Press in India.” 2024. Google Books. 2024. https://books.google.co.in/books?id= TalDBQAAQBAJ&printsec=copyright&redir_esc=y#v=onepage&q&f=false. ↩

15. Charukesi Ramadurai, India’s temples of sex, Bbc.com (2015), https://www.bbc.com/travel/article/20150921-indias-temples-of-sex (last visited May 17, 2024). ↩

16. Venkat Ananth, Indian women third highest consumers of porn, reveals PornHub data, mint (2015), https://www.livemint.com/Consumer/XSMGIJ1YPU69SRY3ph5tIP/Indian-women-third-highest-consumers-of-porn-reveals-PornHu.html (last visited May 17, 2024). ↩

17. Dr.J.N. Pandey,The Constitutional Law Of India,(Central Law Agency,50th Ed.2013) ↩

18. Indian Penal Code of 1860. (Act No. 45 of Year 1860), s.292 ↩

19. The Information Technology Act, 2000 (Act 21 of 2000), s. 66A ↩

20. The Information Technology Act, 2000 (Act 21 of 2000) ↩

21. Sections 67 and 67A: No nudity, please, Internet Democracy Project (2021), https://internetdemocracy.in/l aws/the-information-technology-amendment-act-2008/section-67-and-67a/ (last visited May 17, 2024). ↩

22. Sec 2(c) of Young Person (Harmful Publication) Act,1956 ↩

23. Sec 3 of Young Person (Harmful Publication) Act,1956 ↩

24. Yuezun Li & Siwei Lyu, Exposing DeepFake Videos By Detecting Face Warping Artifacts, arXiv.org (2018), https://arxiv.org/abs/1811.00656 (last visited May 17, 2024). ↩

25. Ibid ↩

26. Zohaib Altaf & Nimra Javed, AI-Generated Content Poses a Looming Threat to Women in India and Pakistan, Thediplomat.com (2024), https://thediplomat.com/2024/01/ai-generated-content-poses-a-looming-threat-to-women-in-india-and-pakistan/ (last visited May 17, 2024). ↩

27. Michael Pittaro, Cyber stalking: An Analysis of Online Harassment and Intimidation, ResearchGate (2007), https://www.researchgate.net/publication/241843583_Cyber_stalking_An_Analysis_of_Online_Harassment_and_Intimidation (last visited May 17, 2024). ↩

28. Ibid ↩

29. The Damage Caused by Deepfake Porn | Healthnews, Healthnews (2023), https://healthnews.com/mental-health/anxiety-depression/the-damage-caused-by-deepfake-porn/ (last visited May 17, 2024). ↩

30. Ibid ↩

31. National Informatics Center, Indian Cybercrime Coordination Centre, Mha.gov.in (2019), https://i4c.mha.gov.in/ncrp.aspx (last visited May 17, 2024). ↩

32. ET Telecom, India ranks among top 10 in ITU’s Global Cybersecurity Index, ETTelecom.com (2021), https://telecom.economictimes.indiatimes.com/news/india-ranks-among-top-10-in-itus-global-cybersecurity-index/83978564 (last visited May 17, 2024). ↩

33. Diva Rai, The Cyber Appellate Tribunal - iPleaders, iPleaders (2021), https://blog.ipleaders.in/the-cyber-applellate-tribunal/ (last visited May 17, 2024). ↩

34. INFOBAE, Ley Olimpia: qué es y cómo denunciar si comparten fotos íntimas sin consentimiento, infobae (2022), https://www.infobae.com/america/mexico/2022/01/21/ley-olimpia-que-es-y-como-denunciar-si-comparten-fotos-intimas-sin-consentimiento/ (last visited May 17, 2024). ↩

35. Juanita Ardila Hidalgo, ¿Y si hablamos de igualdad? -, ¿Y si hablamos de igualdad? (2024), https://blogs.iadb.org/igualdad/es/ (last visited May 17, 2024). ↩

36. India Today, I was vomiting: Journalist Rana Ayyub reveals horrifying account of deepfake porn plot, India Today (2018), https://www.indiatoday.in/trending-news/story/journalist-rana-ayyub-deepfake-porn-1393423-2018-11-21 (last visited May 17, 2024). ↩