Abstract
The purpose of this research is to understand the growing threat of cyber violence against women in India, with a focus on deepfakes, revenge porn, stalking, etc. These acts are often targeted towards women online, and can lead to mental health deterioration, psychological harm, and even reputational harm. While laws mentioned in Bharatiya Nyaya Sanhita (BNS), Prevention of Sexual Harassment Act (POSH Act) and Information Technology Act, 2000 (IT act) do mention such forms of harassment, they are not adequate protection and the enforcement remains weak. This paper aims to critically evaluate the existing protective frameworks and identify what can be introduced to combat the growing threat of Cyber Gender-Based Violence (CGBV). The paper concludes with recommendations to strengthen the current rules in place and what new reforms are needed to help protect women from facing Cyber Gender-Based Violence.
Keywords
Cyber gender-based violence, online harassment, deepfakes, revenge porn, online stalking, digital rights
Introduction
Cyber violence or online violence is a type of violence and abuse done through technological means which creates a hostile online environment with the purpose of shaming, intimidating, degrading, or causing psychological harm to a person. Although occurring online, the result of cyber violence can also be seen offline and in real life, such as depression, social anxiety, stress, distress manifesting into health problems, etc.
Gender based violence is abuse directed towards a person because of their gender. Both women and men are affected by gender-based violence, but majority of the victims are the female population. Since majority of the gender-based violence is inflicted upon women, the terms “Gender based violence” and “violence against women” are often used interchangeably. This highlights the deep-rooted gender inequality in the society and the excessive crimes committed against women solely because of their gender.
Cyber gender-based violence, also known as technology-facilitated gender-based violence, is defined by the United Nations as “any act that is committed, assisted, aggravated, or amplified by the use of information communication technologies or other digital tools, that results in or is likely to result in physical, sexual, psychological, social, political, or economic harm, or other infringements of rights and freedoms.” These acts are targeted particularly towards women and minorities, and although not new, have surged rapidly in the past few years.
CGBV is not only done by strangers online, but also people these women know and are close to such as their partners or ex-partners, colleagues, friends, etc. It can take many forms, such as online harassment, revenge porn, use of Artificial Intelligence (AI) to create deepfakes, doxxing or leaking addresses, and online stalking. In this research paper, there will be a focus shown on three forms of CGBV which are deepfakes, revenge porn, and online stalking.
A deepfake according to the Cambridge dictionary is defined as “a video or sound recording that replaces someone’s face or voice with that of someone else, in a way that appears real.” It is technologically altered media created using AI or editing software, usually used maliciously to deceive or cause distress. These are often used online against women as threats to leak the videos and share them amongst family and loved ones and cause reputational losses.
Revenge porn or non-consensual pornography involves the online distribution of sexually graphic photographs or videos without the consent of the individual in the media. This act is usually done by an ex-partner who obtained them during the relationship, and as a form of revenge posts them online to shame or cause reputational harm to the victim. These images can also be obtained via hacking the victim’s devices, and the motive behind the action is not always revenge.
Online stalking, also known as cyberstalking is the use of digital technology to track and harass someone. It includes acts such as spamming, unwanted contact in the form of calling, texting, emailing, etc., tracking a person’s location using a Global Positioning System (GPS), or constantly checking in on someone when they have expressly stated they do not wish to be contacted. Cyberstalking can also be accompanied with offline stalking, and can cause social anxiety and isolation.
Such acts of CGBV impact the fundamental rights of the women. The main fundamental rights affected by Cyber gender-based violence are as follows:
- Right to live life with dignity under article 21
- Right to privacy given under article 21
- Right to equality under article 14
- Prohibition of discrimination on the grounds of sex under article 15
With Technology and cyber harassment being a recent development in history, it has magnified greatly in numbers and impact. Deepfakes and revenge porn have emerged in the recent years as the most prominent forms of CGBV. With the disproportionate number of women and girls being affected by online harassment, it is a topic that needs immediate recognition and research. Through this research, it is aimed to find just how effective the current laws in place are in addressing the new forms of cyber violence against women.
Research Methodology
The paper is of descriptive nature, and uses secondary data and statistics to critically analyse the legal texts present. Statutes such as the Information Technology Act, Bharatiya Nyaya Sanhita, POSH, as well as secondary sources such as websites, articles, and brochures are used.
Review of literature
The rising issue of Cyber Gender-based Violence is increasingly researched by legal scholars, students, journalists, and activists. The paper has a focus on CGBV in the Indian context, conducting a survey amongst over 100 surveyors and showing their awareness on the topic of Cyber violence. There is also a critical analysis of the current legal framework for protection of women in cases of CGBV, with a focus on the IT act, Indian Penal Code (IPC), and Protection of women from Domestic Violence act (PWDVA).
The paper also throws light on gender-based violence in the context of what men face, mentioning a case that was submitted in the survey of men being blackmailed online with explicit images, demanding money to not release the photos. There is mention of cyber harassment of the third gender, but it is not extensively discussed.
The paper concludes with general reforms and solutions for the problems, such as comprehensive legislation, enhanced digital literacy, and gender-neutral language in law. It is also recommended to have robust victim support systems to ensure that proper recovery is done.
The research conducted in Tamil Nadu on awareness amongst women about revenge porn helps gain a deeper insight into the current stance of India with regards to knowing about CGBV. It showed how almost half of the population did not know about revenge porn, highlighting the need for awareness regarding such topics. The study highlights the lack of specific laws addressing revenge porn in India, and how most issues of CGBV are handled under broader cyber and penal laws. The authors call for more education, support systems, police training, and legal reforms to better protect victims and discourage offenders.
Method
The paper is qualitative in nature, using present statutes and data available online and critically examining them and advising on what can be improved.
The rise of Cyber Gender-Based Violence
Throughout the past there has been a prevalence of violence against women. According to UN data, an estimated 736 million women, almost one in three, have faces physical and/or sexual partner/non-partner violence in their lives. And this figure does not include the sexual harassment faced by the women, which has become a commonplace in the world.
With the introduction of technological platforms, connectivity is promoted. With all the positives cyber spaces have brought, they have also brought up a space where women are targeted simply for their gender. There is easier access to people and their lives, and rather than connectivity there is criticism seen when it comes to interaction with women.
With the pandemic and the quarantines, people were forced to stay online 24/7 as their only means of accessing the outside world. Schools, offices, and hangouts moved online. This spurred forward rapidly the movement of CGBV against women.
According to a study by Plan International, out of the total surveyors 58% of girls have said they have experienced online harassment. Out of this number half of the girls have stated they have faced more online harassment than on street harassment.
Notably, CGBV is most targeted towards known women figures such as journalists, politicians, women activists, and feminists. According to United Nations Educational, Scientific and Cultural Organization (UNESCO) 73% of women journalists who were a part of the survey stated that they had experienced online violence through the course of their work. Amongst this, 25% had received threats of physical violence and 18% had been threatened with sexual violence. 20% of the women reported being attacked offline, in connection with the threats they had received online.
One notable case of CGBV is the case of Rana Ayyub, a columnist for the American media outlet The Washington Post. She has also worked as a reporter and an editor. Throughout her career, she has experienced CGBV on an extreme basis, receiving threats of physical attacks, rape, and death threats. Screenshots of pornographic deepfakes of Ayyub were circulated online on social media accounts. She was doxxed, her important identity documents and passwords to her social media accounts were also leaked online. An analysis found out how within 14 seconds of Ayyub posting a tweet, she starts receiving abuse. Out of all the online abuse, the report found that 62.05% of the online abuse against Ayyub were personal attacks that were also sexist, misogynistic, sexually explicit, and racist in nature. She also had faced attacks on her professional reputation and on her personal beliefs. Till this day, Rana Ayyub is fighting steadfast to combat the online hate towards her, stating that the more she is criticized, the louder her voice will be.
Deepfakes
Deepfakes as a concept first emerged in 2017, on a social media site called reddit. Deepfakes pose a huge threat to the population as they are often used to spread false information and cause panic. Often, world leaders and prominent politicians’ images are altered and digitally structured in a way to depict them speaking. This altered media then makes statements like “The world is going on lockdown,” or “We are declaring war on XY country”. The deepfakes are extremely convincing, making it difficult to gather what is fake and what is real, and causing panic amongst the masses.
This poses a problem to all people in a society, but to women in particular they are used for image-based abuse. Women’s faces are edited onto porn actresses and spread online, particularly targeting famous actresses and journalists. These videos are used to target women for extortion, intimidation, humiliation, and harassment. The first popular deepfake shared online was of the popular actress Gal Gadot, her face edited onto a porn actress.
According to research, 96% of deepfakes created are non-consensual deepfakes, and 99% of the total deepfakes are of women. Globally, 57% of women have reported experiencing image-based abuse. At the initial stage, deepfakes were easy to recognize, with an uncanny valley effect to the altered media. The blinking was not always correct or the hands were not formed properly. This was pointed out in 2018 by United States researchers. Soon after, deepfake creators used this information to improve their software’s algorithm and making it more difficult to detect the deepfakes.
There are no dedicated frameworks for regulating deepfakes, and if not kept in check, deepfakes can pose a bigger threat not only for the safety of women but also of the population as a whole.
Revenge Porn
Revenge porn is a type of digital abuse where sexually explicit images of a person are shared online without their consent. These are often shared by current partner or ex-partner of the victim, as some sort of “revenge.” The term revenge porn can be misleading in a way as it implies the victim has wronged the perpetrator and deserves the sharing of their images, but that is not often the case, and these images are not always uploaded with vengeance in mind. Many of the media which is revenge porn is obtained via hacking the personal devices of people.
Revenge porn can take many forms, in the form of nudes, videos taken with or without consent, and even sexually explicit texts. Explicit media can also be created using deepfakes, which are also uploaded as revenge porn. Revenge porn is also often used along with “sextortion,” or sexual extortion. The images are threatened to be released, unless the victim does certain favors such as sending money, cryptocurrency, buying gifts, or even asking for more explicit images and videos.
The effect of revenge porn can be severe, leaving a lasting impact on the victim not just mentally but also reputationally. Victims of revenge porn are more vulnerable to having anxiety, depression, Post Traumatic Stress Disorder (PTSD), and are more likely to be isolated. There can also be physical consequences such as loss of jobs or close circle due to stigma and shame. They are also left with the constant worry that their life will never be the same.
According to a survey conducted by the cyber-crime in 2010, 18.3% of women did not even know that they were victims of revenge porn. In India, about 27% of internet users aged 13 to 45 have been the victim of revenge porn as per a survey by cyber and law foundation and NGO. A study conducted on 200 women between the ages of 18-30 conducted in Tamil Nadu showed half of the population unaware of what revenge porn even was.
There is a severe need for awareness on revenge porn, and although it has existed for decades, it continues to slip from the minds of policy makers when it comes to provisions of protection of women.
Online Stalking
Online stalking or cyberstalking is the repeated harassment of a person via technological means. It includes frequent contacting, excessive comments on posts, making posts about the victim, sending constant emails, using a GPS to track location, even impersonating the victim or someone else to get close to the victim on social media platforms.
Online stalking can bleed into real life as well, with pictures taken offline being sent to the victim and posted online to humiliate and cause fear. An online stalker can also doxx you, leaking your private passwords, address, contact information, and pictures online. These pictures can be used for blackmail, and also be used as revenge porn. The leaked information can put the victim at risk of being followed offline.
Cyberstalking is illegal in many countries and can lead to serious legal consequences. In the United States, for example, cyberstalking is a federal offense that can result in up to five years in prison and a fine.
Cyberstalking can cause the victim social anxiety, and it is seen in many victims that they are afraid to go out of their houses due to fear. It can also cause depression, PTSD, isolation, and even physical issues which manifest from stress.
While stalking has been an issue occurring through time, the digital space has opened up a whole new area of stalking which is not only more frequent, but also more severe.
Indian Laws dealing with CGBV
Indian acts such as Information Technology Act, Bharatiya Nyaya Sanhita and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act have few provisions that deal with CGBV. They are listed as follows:
1. Information Technology (IT) Act, 2000 (Amended 2008)
- Section 66E: Under Section 66E, the punishment for intentional capturing, publishing, or transmission of the image of the private areas of a person without their permission is given.
- Section 67A: Section 67 deals with the uploading and publishing of obscene material in electric form. This can be used by victims in cases of revenge porn and deepfakes.
- Section 67B: Penalizes the publishing of material which involves children in a sexually explicit manner
- Section 66C & 66D: Lays out the punishment for identity theft and impersonation. It can be used in situations where a perpetrator uses the victim’s identity, or uses fake profiles to harass.
2. Bharatiya Nyaya Sanhita (BNS), 2023
- Section 75: Defines acts that come under sexual harassment, like showing pornography against will, making sexually coloured remarks, and requesting sexual favours. This can also be applied via online means.
- Section 78: Section 78 penalizes stalking, specifically mentioning online stalking as well
- Section 356: Defamation can be used against abusers to address the harmful social media posts and comments.
3. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act)
- Section 2(n) – defines sexual harassment as unwelcome acts or behavior including sexually coloured remarks, unwanted physical contact, showing pornography, or requesting sexual favours.
- This act has been interpreted to also be applicable to remote/virtual
While there are sections and reforms addressing certain aspects of CGBV, they are not adequate and are often inadequately enforced. There is no compensation nor support mentioned for the victims in the statutes, and the policies already in place are not specific enough.
Suggestions
The need for new and improved reforms is extreme, with fast response needed from the authorities to properly address and aid the growing number of victims in the world. Some suggestions can be made:
1. Introducing new legal definitions: Proper definitions of new emerging actions and technologies such as deepfake and doxxing need to be mentioned.
2. Mandatory Takedown timelines: Setting a mandatory time for social media platforms to use their authority to take down content containing CGBV.
3. Fast-track courts: Implementing fast-track courts, offline or online, for cybercrime survivors to ensure speedy justice.
4. Victim support: Mention adequate compensation for the victim and not just punishment for the perpetrator, and/or providing the suitable mental health support for the victim.
5. AI- generated content reforms: Create legal reforms for AI generated content and make clear what is legal and illegal amongst these contents, and write down suitable punishments for the crimes.
Conclusion
CBGV is although recent, not a new issue faced by our society. It is not just faced by famous and public personalities, but also by ordinary women living in society. The consequences of CGBV are not only to a woman’s reputation, but also to her mental health. If this area of the digital space is left unchecked, it will soon lead to chaos and even more harm. Not just for women, but also society as a whole.
With the lack of proper definitions in statutes, people are unaware of what is a crime and what is not. There needs to be quick action on the creation of new policies and definitions to properly guide courts on what actions to take for what crimes. The lack of awareness can also be dealt with by creating adjacent schemes and committees which not only spread awareness, but also help in speedy justice and reduce the burdens on courts. The responses by these courts and committees needs to ensure survivor centric, and tech-savvy responses to ensure proper understanding and judgement of the issue.
In the future, further research and official surveys can be conducted to explore AI governance and means of justice for not only CGBV victims, but the country. There also needs to be a strong feminist perspective present in the heads of the country to ensure proper representation and appropriate judgements.
The main issue at hand is the lack of awareness about Cyber Gender-Based Violence, both in the society and in the legal authorities.
Janhavi Kadam
Kirit P. Mehta School of Law