Under Indian law, a person whose photographs are created, edited, morphed, or sexually altered and posted online without consent may have both criminal and civil remedies. The exact legal provisions depend on the nature of the images, how they were used, and the harm caused to the victim.
Criminal Remedies
1. File a cybercrime or police complaint
The victim can approach the cybercrime authorities or local police and report the incident. They should preserve screenshots, altered images, account names, messages, dates, and other evidence that can help identify the person responsible.
2. Information Technology Act, 2000
Section 66E may apply where images showing a person's private areas are captured, published, or transmitted without consent in circumstances that violate privacy.
3. Obscene or sexually explicit content
Sections 67 and 67A of the Information Technology Act may apply when morphed photographs are published or transmitted as obscene or sexually explicit electronic material.
4. Other criminal offences
Depending on the circumstances, provisions of the Bharatiya Nyaya Sanhita, 2023 may also apply. These may include offences involving stalking, intimidation, sexual harassment, insulting a person's modesty, impersonation, or defamation. The appropriate provisions depend on the facts of the particular case.
Civil Remedies
The victim may also approach a civil court and seek remedies such as:
- An injunction preventing further publication or sharing of the photographs.
- Orders requiring removal of the offending material.
- Compensation or damages for proven harm to reputation, privacy, or other losses.
- Orders preventing the accused from using or distributing the altered photographs in the future.
The right to privacy recognized under Indian constitutional law may also be relevant when unauthorized manipulation and publication seriously interferes with a person's private life.
What the Victim Should Do
The victim should preserve all available evidence before requesting removal. This may include screenshots, copies of the altered photographs, account names, messages, dates, and details showing where the images were published.
The victim can also report the content to the relevant social-media platform and request its removal. If the photographs have been shared through several accounts or websites, each instance should be documented.
If the altered photographs are being used for blackmail, threats, extortion, or sexual harassment, these circumstances should be specifically mentioned in the police or cybercrime complaint because additional criminal offences may apply.
In short, unauthorized morphing and publication of photographs can potentially lead to criminal proceedings as well as civil remedies such as injunctions, removal orders, and damages. The exact legal action depends on whether the images are defamatory, obscene, sexually explicit, or involve private areas, and on the circumstances in which they were created and shared.
