Yes, you are absolutely correct that there are laws in place in India against posting pictures without consent, but it might not be the way you think. Let’s have a deeper dive into that, shall we?
What Are The Privacy Rights In India?
Just so you know, the Constitution of India guarantees the right to personal privacy, as stated in Article 21 which guarantees the right to life and personal liberty for everyone, no matter what. Though, later on, the Supreme Court expanded this right further by ruling that citizens also have the power to control how their image/photo is used. In this regard, a person’s privacy can be violated by the unauthorized use of his or her photograph, that’s for sure.
Relevant Provisions in the Information Technology (IT) Act, 2000
You see, to combat the improper use of images, the Information Technology Act of 2000 has incorporated some specialized clauses, and what are those? Well, the most noteworthy of which is that Section 66E classifies the unauthorized taking, spreading, or showing of images of private areas without permission as a crime, which is punishable by a jail term of up to three years, a fine of up to two hundred thousand rupees, or a combination of both. And yes, the other very specific provision is Section 67, which legally binds people not to use obscene content for sharing. But let’s say the crime is kinda serious and of high profile, well, in that case, the offender can face up to three years of jail time and two lakh rupees for the first crime in a row and a five-year sentence of ten lakh rupees for more serious violations down the line.
Protection under the Indian Penal Code (IPC)
You see, the IT act that we have in India definitely complements the IPC laws, that’s for sure. Talking specifically about IPC sections, well Section 354C is the one that talks about voyeurism, you know, the act where someone captures video or image of an individual, particularly in private settings, and that too without their consent. As per this section, the criminal must be sent to jail for 3 years and face a huge fine too. But what if someone is trying to blackmail you with a private image of yours? Well, then there will be the role of Section 509, which specifically protects women from being insulted or harassed through the misuse of their images. And again, there is potentially 3 years of jail time and a fine for the criminal. In the cases of defamation using the image of an individual, well, then there will be Section 500 implemented, and again, the offender can face jail time, a fine, or both.
And What Are Some Exceptions to the Rule?
One thing you must understand is that if you are in a public setting like a park, a street, or anywhere public, anyone can click a photo of you, maybe someone is not taking a photo or video of you specifically, but when capturing the photo to video in general, if you are in it, then you’d have no say in to get it deleted from their device. That’s because there is nothing illegal about that.
