Category: cyber crime against women

Gender and Internet : Web magazine for Cyber law for women News update for February 10-February 16, 2020

picture curtsy : Internet

Women victims of sextortion, fake profiles, non consensual porn in Nepal suffer silently as law and the police fail to nab offenders sitting in different jurisdictions.
https://www.nepalitimes.com/banner/crossborder-cybercrime-and-punishment/

2020 valentines week saw romance scammers victimizing vulnerable older single women, war widows and heart broken widowers in Australia
https://www.dailymail.co.uk/news/article-8001801/Love-scammers-swindle-MILLIONS-vulnerable-women-pretending-soldiers-widowers.html

Mexican woman violated and virtually abused even aftr hear death when news media portals share images and videos of her unskinned mutilated body over digital platform. Agitated stakeholders blame the ill drafted laws which failed to prevent circulation of objectionable of video of women by web portals.
https://www.headlinesoftoday.com/news/world-news/mexico-in-outrage-as-picture-of-mutilated-body-of-a-murdered-woman-published.html

Man and his female acquaintance arrested for blackmailing businessman in Pakistan for his objectionable private videos that were alleged to have been deceitfully captured by two women from the same gang.
https://www.dawn.com/news/1534111/man-woman-arrested-for-blackmail

Gender and Internet : Web magazine for Cyber law for women News update for January 27th-February 9, 2020

In a first, Madras High Court refuses to quash a case against Airtel as a service provider and directs the trial court to conduct trial for finding out liability of the service provider for continuous sending of unwanted messages of sexual nature to an Airtel subscriber.
https://timesofindia.indiatimes.com/city/chennai/obscene-messages-airtel-to-face-trial-as-hc-refuses-to-quash-case/articleshow/73944935.cms

Basildon Crown Court, UK awards 32 months jail sentence to man who hacked into iCloud and leaked private images of women and girls online. The prison sentence is awarded in relation to 12 computer misuse offences, nine counts of voyeurism and five counts of taking indecent images of children.
https://digit.fyi/suffolk-man-jailed-for-hacking-icloud-and-sharing-indecent-images-online/

Saudi divorced woman arrested for ‘indecent’ posts on social media which includes encouraging women to leave their husband when certain demands are not fulfilled, hosting matchmaking, showcasing women dancing and smoking in public. The activities have been considered as criminal activities as per Saudi laws.
https://stepfeed.com/saudi-woman-arrested-for-posting-illicit-content-on-snapchat-8974

Two men from a reputed family in West Bengal target 182 women by way of stalking, hacking, voyeurism etc. Police arrests the offenders under several provisions of Indian Penal Code, Information Technology Act
https://news.abplive.com/tv-show/sansani/kolkata-men-arrested-for-blackmailing-182-women-sansani-1155439


Woman CEO receives constant vulgar messages from fake email ids. Accused arrested for cyber stalking in India
https://www.deccanchronicle.com/nation/current-affairs/080220/saree-designer-cyberstalks-woman-ceo-arrested.html

Gender and Internet : Web magazine for Cyber law for women News update for January 7th-19th, 2020

Canadian court awards sentence for payment of compensation for reputation damage by woman who allegedly destroyed ex boyfriend’s reputation by posting about the latter on Instagram allegedly describing him as alcoholic cheater and containing sexually transmitted disease.
https://www.sacbee.com/news/nation-world/world/article238980818.html?fbclid=IwAR2c-8sFVYhAgYZTQf5YJXb6Qr01tRMBvnSBWciXO4r58KVqvRKtKd_XKdE

Thousands of women’s images are illegally shared from their Tinder accounts possibly for major online sexual assaults and catphishing.
https://www.thesun.co.uk/news/10768285/tinder-pics-stolen-cyber-crime-fake-profiles-catfishing/

Scottish police buys new devices exclusively for data mining for the purpose of crime investigation
https://au.lifestyle.yahoo.com/2020-01-16-scottish-police-device-data-mining-password.html

BTech student from India sends friends request to woman only to collect personal photographs from her social media website and morphed the same for creating nude images. Accused arrested when mother of the victim complained to the police for sharing profiles containing nude images of the victim.
https://www.thehansindia.com/telangana/hyderabad-btech-student-held-for-sharing-morphed-photos-of-women-online-598041

Gender and Internet : Web magazine for Cyber law for women News update for December 23-31, 2019

Mentally challenged woman is forced to perform marriage with another mentally challenged man in public for content making by TikTok users. No one arrested as police reported that no one has made any complaint.
https://www.indiatoday.in/crime/story/tiktok-video-mentally-challenged-man-woman-forced-to-marry-1631769-2019-12-26?fbclid=IwAR2-QPjeR4Xjari118GQzrSJjyRiCmui9haPeAYIb2J_esulBwRTD4dSH2U

US courts to consider whether revenge porn laws are violative of 1st Amendment Rights
https://www.washingtonpost.com/nation/2019/12/26/is-revenge-porn-protected-speech-supreme-court-may-soon-weigh/?fbclid=IwAR1PyhKigsoEoNg-q2vTk5jLLEA9ps5RauEcFKh2KIPGsLTRD37MNxuRN3o

Man arrested for creating fake profile of women to offer online sex services in Mumbai, India
https://www.mid-day.com/articles/mumbai-crime-man-arrested-for-operating-fake-facebook-profiles-of-women/22357159

Singapore is making doxxing a criminal offence from January, 2020
https://www.theonlinecitizen.com/2019/12/28/doxxing-to-be-criminalised-from-1-jan-2020-along-with-other-new-offences-via-amendments-to-penal-code-and-other-legislation/

Man arrested in Hyderabad, India for sextortion of minor girl whom he contacted while playing PUBG
https://telanganatoday.com/man-arrested-in-hyderabad-for-blackmailing-minor-girl

Gender and Internet : Web magazine for Cyber law for women News update for December 1-22nd 2019

Teen boys are discussing about gang rape and fantasizing about raping their own classmates over Whats App chats in Mumbai
https://www.indiatoday.in/india/story/mumbai-ib-school-students-whatsapp-chat-horror-1629343-2019-12-18

Teacher is accused of sexting to students: it is unfortunate to note how teacher -student relationships are turning negative in every way
https://www.14news.com/2019/12/18/middle-school-teacher-former-miss-ky-pleads-guilty-sexting-student/?fbclid=IwAR0zN2-yq-xlLXkrfbeFzKdpYY0S-mGKxkDKl6m9HwNub8N7kftsDYe-KVk

There is no respite for women who are victimized due to card fraud as police stations still refuse to accept the concept of Zero FIR and most police stations are ill equipped to handle cyber crime cases.
https://timesofindia.indiatimes.com/city/bengaluru/it-took-3-days-and-3-police-stations-for-woman-to-file-plaint/articleshow/72420404.cms

Cyber flashing or sending unsolicited pictures of private parts to random recipients, especially women and girls is becoming a matter of concern for law makers and criminal justice machinery in the UK
https://www.thetimes.co.uk/magazine/style/why-the-uk-needs-to-take-cyber-flashing-seriously-73c0r02f9

Philippine woman arrested for offering girls from the age group of 5-15, including her own nieces for online sexual solicitation. She faces arrest on the grounds of violation of Republic Acts No. 9208 (human trafficking), 10175 (cybercrime), and 9775 (child pornography).
https://www.rappler.com/nation/246689-aunt-arrested-offering-nieces-online-sex-south-cotabato

Man faces arrest for pushing and taking pictures of woman co passenger without consent in Kolkata metro station in India.
https://www.telegraphindia.com/states/west-bengal/metro-molester-dragged-to-cops/cid/1724135

Gender and Internet : Web Magazine for Cyber Law for Women News Update for November 26-30, 2019

Thanks to the relaxed policy regarding domain name change : Porn sites are back in India despite “paper tiger” ban on 857 website ban by Government of India
https://dailystockdish.com/porn-sites-make-a-return-in-india-by-tweaking-domain-name/

Singapore parliament brings in new law to provide slap strict sentences for cyber flashing, voyeurism, distribution non consensual porn and revenge porn contents. But cyber violence against women continue to sky rocket in Singapore.
https://dailytimes.com.pk/507796/pervasive-digital-sexual-violence-against-women-skyrockets-in-singapore/

Family in Utah, Canada gets tormented by harasser from Hawaii who shared online posts suggesting the victim family offers all types of services including prostitution.
https://www.bbc.com/news/world-us-canada-50567077

Gender and Internet : Web magazine for Cyber Law for women News Update for November 1st-25th, 2019

#endviolenceagainstwomen
https://medium.com/@UN_Women/when-it-comes-to-consent-there-are-no-blurred-lines-1dfd02cebe1

Iraqi women suffer cyber violence against women including sextortion, revenge porn, gender bullying and trolling, stalking etc as there are apparently no law to deter such offences and courts are not yet accustomed to see online crimes against women
https://www.news18.com/news/world/revenge-porn-sextortion-spreads-in-iraq-as-fear-of-honour-killing-death-sentence-daunt-women-2393499.html

New York Mother of female toddler born with Harlequin Ichthyosis, who tries to educate people through online platforms including Facebook, Instagram etc, gets severely bullied and harassed by another woman for a over an year. The harasser is now arrested.
https://kfiam640.iheart.com/content/2019-11-10-long-island-woman-arrested-for-cyber-bullying-toddler-with-rare-disorder/?fbclid=IwAR07iXTvo5xvcwggS-bY1tq3MiLfkdfhSy0EGzZiJ_eb2OhrqMVfg4fp3jE

Check old devices before selling/handing them over : Pakistani model/singer suffers privacy infringement as her private videos get leaked allegedly when she sold her old mobile phone device. Her nude images land in international porn sites.
https://www.desiblitz.com/content/pakistan-model-samara-chaudhrys-private-videos-leaked

Teen girls suffer silently as intermediaries have no answer against continued online sexual abuse of girls carried on through online platforms.
https://www.nytimes.com/interactive/2019/11/09/us/internet-child-sex-abuse.html?smid=fb-share&fbclid=IwAR0PldPtMV_qe-IAKzFx6xfhhV6n6_OtRndIlf0yAAm4ZKRPpf_ssNN-fa4&mtrref=www.facebook.com&gwh=AB89B80FF8D1630E35B974D77DE83488&gwt=pay&assetType=REGIWALL

Dublin man who withdrew from outside world and became a vigorous troll, gets jail term for 3 years for stalking and trolling 6 women who were journalists, authors. Prosecution and the court emphasized need for rehabilitation of the troll.
https://www.rte.ie/news/courts/2019/1114/1090892-harassment-case/

After pilots turning into peeping toms in the lavatory of aircraft, it is now a male nurse in Malta who was caught by the police for similar offence: female medical professionals become victim of voyeurism and privacy infringement resulting in creation of non consensual porn materials due to spycam installed in the washroom by male nurse.
https://www.maltatoday.com.mt/news/court_and_police/98580/nurse_who_spied_on_women_with_bathroom_cam_gets_threeyear_probation_and_5500_fine_#.XdvUougzZPY

Online job offers are not always legal especially for women: woman admits of being in a paid job which includes online sexual abuse of teens through Skype. She is charged with four counts for sexual abuse of children in UK.
https://www.unionjournalism.com/2019/11/11/uk-woman-was-paid-to-sexually-abuse-teen-girl-for-3-years-through-video-call-she-now-admits-of-her-crime/

YouTube, YouTubers and violation of privacy of women and children: The drama unfolds by Dr.Debarati Halder

picture credit : Internet

In recent years YouTube has won millions of hearts in India as a social media platform especially among women. This is because unlike other social media websites, YouTube has provided a platform to earn money based upon views and subscribers. Contents uploaded by users may be varied: it can be home decor, power point presentations of simplified versions of undergraduate subjects, subject lectures by professional teachers or amateur subject experts, cooking recipes, Do It Yourself (DIYs), home organisations, daily routines of home makers, technological solutions, how to do stuffs etc . Several women have used YouTube to earn money generated through the revenue that YouTube promises once the user can reach some criteria like getting 1000 subscribers or 4000 watch hours etc. [1] YouTube however would not lead the user to create contents that may earn more watch hours or subscribers. Users may go for market survey to understand which sorts of videos may attract more views, ,more subscribers etc. mostly new users including men and women may try to create videos on anything that they feel proper to share to the world. YouGTube , like Facebook and Instagram has features for allowing users to create videos for private sharing. This enables the users to share the video which may be watched only by those whom the creator chooses. The users may however go for wide circulation of their contents by not only making the videos public, but also by going live  whereby the users may directly communicate with their subscribers or may share information while live.  Even though going Live may be a feature specifically for improving the relationship between the user and his/her subscribers, live videos can be watched by the world wide audience even if they are not subscribers to that particular user.   Here, YouTube may not play a vital role to restrict uploading and sharing the contents unless the subscribers or  viewers may flag the content as inappropriate.  In short, YouTube may actually provide a wide platform to share anything including bullying videos, mashed up videos, child and woman abuse videos, birthing videos, adult sexual interaction videos and so on. While the adult sexual videos and birthing videos may not be universally accessible unless the user logs in to his/her YouTube accounts, other sorts of videos are accessible to all irrespective of age. YouTube however uses the due diligence clause to escape from any third party liability by providing notification which restricts children from viewing adult sexual contents or violent contents which may traumatise children. Hardly this  has any practical implication because children may access these videos by using email ids which may be created on the basis of fake age , or may even log in through their parents’ or friends’ email /YouTube ids.

My attention here is however attracted to the contents shared by YouTubers: I have been an avid watcher of YouTube since many years now. I have been following the changing trends of users in uploading the contents. Earlier it was more on creating mashed up videos which may have the potentials of violating the copyrights. Such videos have also been silently encouraged by actors, singers and producers because these actually publicise their work even though it may violate the laws. [2] But slowly, the content creators, especially women started becoming reviewers of products on YouTube as well. This included using of cosmetics, kitchen wares organisers etc that may be shown in the daily routine videos, home organisation videos or make up tutorials.[3]   Users not only get views and subscribers as may be needed for fulfilling the YouTube monetising criteria, they may also be connected with the brands manufacturing the products or dealers of the products who may wish to showcase their products through these non-professional videos. Several urban and rural women home makers have actually benefitted from this: consider Youtubers like Radhika Real Vlogs,[4] or simplelivingwithringlejain[5] who may be rural homemakers, but may have made a moderate to comfortable living because of their YouTube videos advertising about different brands including retailer brands.  Nonetheless, these YouTubers may also be victims of bullying and trolling for the quality of their videos, their pronunciation, lifestyle and even house decorations.

While these women may have made a landmark professional/personal achievement because of YouTube, they may unknowingly violate privacy of their own children or even spouses or other family members as they may be showing and informing the worldwide audience about their family members who may not may consent for such wide distribution of images of themselves. These YouTube videos may also be the subject matter of bullying and ridiculing the children of such YouTubers since these may stay on worldwide web for long time. YouTube videos may also create severe domestic violence for several reasons which include live fights between spouses which may be captured by third party YouTubers for fun and uploaded and circulated for getting more views; or airing of grievances by women YouTubers against the other spouses, without knowing the far-reaching consequences etc. These videos may attract huge views and opinions, comments in the nature of cyber bullying and also trolling targeting the YouTuber concerned or supporters of the same. Consider the case of two specific youtubers from Delhi, who are spouses in real life : the wife is a senior YouTuber whereas the husband is a recent Youtuber: They had severe altercations and started living apart. But this was not enough: both used YouTube to throw insults and humiliating words to each other and their teen daughter was allegedly dragged in between. The recent reports suggested that the teenager girl who  was staying with her father for couple of months after the separation, was beaten by the latter while on live and her t-shirt was torn in a manner which would show her inner wares.[6] The girl was beaten because she wanted to visit her mother. This video became viral as several supporters of the wife started showing the clippings through their own channels. Some had also informed ChildLine and the police who had rescued the teenager and sent her to her maternal grandmother.[7]  There are several other YouTubers who started discussing about incident using the profile name of the husband wife duo.[8] While the news report published in the local news media suggested that the teenager was often beaten by both the parents when they were drunk and she was forced to come on live which she refused many times, the news clipping did not mention about the name of the girl and that of her parents as S.74 of the Juvenile Justice Care and protection Act, 2015 prohibits publication of the identity of the child in need of care and protection or child in conflict with law. The provision reads as below:

S.74. Prohibition of publication of name, etc., of juvenile in conflict with law or child in need of care and protection involved in any proceeding under the Act.-1. No report in any newspaper, magazine, news-sheet or visual media of any inquiry regarding a juvenile in conflict with law or a child in need of care and protection under this Act shall disclose the name, address or school or any other particulars calculated to lead to the identification of the juvenile or child nor shall any picture of any such juvenile or child be published: Provided that for reasons to be recorded in writing, the authority holding the inquiry may permit such disclosure, if in its opinion such disclosure is in the interest of the juvenile or the child. 2. Any person who contravenes the provisions of sub-section (1), shall be liable to a penalty which may extend to twenty-five thousand rupees.

Now, let us understand the scope of this provision in the light of this particular case: the first subsection prohibits any report including news report, inquiry etc from disclosing the name, information etc of the concerned child. The second proviso extends the scope to ‘anyone’ who may contravene the prohibitory scope of S.74. Seen from the perspective of electronic media and the concept of citizen journalism, which gives every one right to share information, the term ‘anyone’ may literally include anyone including the good Samaritans who may have wanted to alert the concerned authorities, share their opinion against such acts of women and child abuse. Further, note the words “any other particulars calculated to lead to the identification of the juvenile or child nor shall any picture of any such juvenile or child be published” mentioned in the first sub clause. This may include the name of the concerned child and names of the parents. But apparently, this provision became a just a paper tiger in this case because those who had watched or subscribed to the videos of the couple had already known about the identity of the teenager because of the daily Lives put up by the parents and discussion about the girl in the videos posted by them. If one visits the comment section of the recent videos of both the parents in the recent past, it would be seen that commenters have taken the name of the girl, asked about her whereabouts and in some cases, some had also suggested about her changed behaviour after she had stayed with her respective parents separately. Nothing is confidential for those thousands of worldwide audiences now who had watched the parents daily and who had also witnessed the Live video where the girl was beaten up by the father.  In spite of repeated request by the mother of the girl, several YouTubers still did not take down videos mentioning about the name of the father (which broadly falls within the meaning of “any other particulars calculated to lead to the identification of the juvenile or child”) when this writeup was published. While the Juvenile Justice Care and Protection and Act provides a base rule, the concerned YouTubers may not be held solely responsible because the parents already violated the privacy of the teenager and encouraged thousands to watch the couple fight which had every potential to attract penal provisions for using words etc for harming the modesty of the wife under S.509 Indian Penal Code as well as defamation of both the wife and the husband under Sections 499 and 500 of the Indian Penal Code. YouTube on the other hand has not taken down the videos of either of the spouses or that of the other YouTubers  which may showcase the names of the parents and the child because it is guided by First Amendment of the US which may hardly be affected unless YouTube has been approached to take the videos down by concerned stakeholders.  

It is now a typical love triangle of three parties : YouTube, which is loved by all for providing such an open platform for airing opinions and consumption of real life family dramas, the YouTubers who may expect to get support, views, popularity and money because of participating in the trolling and independent discussions on such issues which may rip open privacy of general individuals including children and criminal justice machinery, most of whom may never know how to manage legalities of YouTube videos because they are completely ignorant of this new type of electronic media.  

But this is not a unique incident that attracts the attention of legal researchers, especially privacy law and speech law researchers. YouTubers, especially women YouTubers continue to violate privacy knowingly or unknowingly and provide more opportunity to trolls, bullies and offline perpetrators to victimise them because they may not be aware about the netiquettes of YouTube. Time has come that YouTube users become cautious of the contents uploaded by them and legalities attached with such uploading and sharing. In this festive season YouTube content uploading and sharing may have seen a steep rise. But it is upon YouTubers to control what must be shared and may not.

YouTube is more powerful than televisions, more demanded than movies and more devastating than what is generally apprehended.

Please note: Do not violate copyright of this blog. If you would like to use information provided in this blog for your own assignment/writeup/project/blog/article. This was first published in https://debaraticyberspace.blogspot.com/2019/10/youtube-youtubers-and-violation-of.html Please cite it as “Halder D. (2019), ” YouTube, YouTubers and violation of privacy of women and children: The drama unfolds” Published in https://debaraticyberspace.blogspot.com/2019/10/youtube-youtubers-and-violation-of.htm on 28-10-2019, reshared @https://internetlegalstudies.com/2019/10/28/youtube-youtubers-and-violation-of-privacy-of-women-and-children-the-drama-unfolds-by-dr-debarati-halder/


[1] For  more, see https://support.google.com/youtube/answer/72851

[2] For example see Halder D., & Jaishankar K. (2016) Celebrities and Cyber Crimes: An Analysis of the Victimization of Female Film Stars on the Internet. Temida – The journal on victimization, human rights and gender. 19(3-4), 355-372

[3] For example see https://www.youtube.com/watch?v=52c7V2yeRlo  , https://www.youtube.com/watch?v=wYdX1uZe1FM  , https://www.youtube.com/watch?v=3yuvcKc30ss https://www.youtube.com/watch?v=IdA6BZJvaEU etc.

[4] https://www.youtube.com/watch?v=bkcMmd-b1-Y

[5] https://www.youtube.com/watch?v=6Po5tE2qKxM

[6] See for better understanding of the case in https://www.amarujala.com/delhi-ncr/faridabad/drunk-parents-beat-student-faridabad-news-noi468791969

[7] See https://www.youtube.com/watch?v=LNG3lousHu4&t=167s where the Youtuber had informed that she called the police to report the video and provided the link of the media report of the incident.

[8] For example, see https://www.youtube.com/watch?v=xWS8FAa-MC4&t=48s . https://www.youtube.com/watch?v=MdrSLYGOTpE&t=14s

Gender and Internet : Web magazine for Cyber law for women News update for September 25-30, 2019

Woman MP stresses on privacy and tracability of criminals on cyber space especially in regard to social media : Court in India emphasizes more on privacy rights
https://www.livelaw.in/news-updates/mp-mahua-moitra-intervenes-in-whatsapp-traceability-case-in-madras-hc-148662

Accused persons still play dominance over the victim even after filing FIR regarding online harassment. Woman takes it to National Commission for Women. Complains about poor execution of laws
https://www.opindia.com/2019/09/girl-complains-about-online-sexual-harassment-by-a-group-of-men-ncw-steps-in-to-help/

Porn sites are back in India despite the ban on porn channels by Department of Telecommunications. Cyber law experts show concern over cyber security.
https://www.nationalheraldindia.com/india/despite-ban-porn-sites-back-by-tweaking-their-portal-names

Revenge Porn victims share unending victimization saga as laws fail to stop surfacing of revenge porn materials on the world wide web after years.
https://www.theguardian.com/lifeandstyle/2019/sep/22/theres-no-end-and-no-escape-you-feel-so-so-exposed-life-as-a-victim-of-revenge-porn?CMP=Share_iOSApp_Other&fbclid=IwAR3H_g_broU68-WR-r6iBAII7g__FBaWIVcbgdmxafpeGgS1ffW8Dpj1Iok

Gender and Internet: Web magazine for Cyber law for women News update for September 16-24, 2019

Man in Derbyshire uploads distributes breast pictures of his neighbor who borrowed the computer to upload the pictures for medical purposes. while returning the computer, she forgot to delete them.Accused shared the pictures because he was allegedly irritated by the victim. The court convicted the accused of revenge porn. Held that the pictures were not captured by the accused for sexual purposes, but were distributed for taking revenge. The court, which took note of the victim’s distress condition, ordered the accused is ordered two months prison sentence, 80 hours of unpaid work and restraining order prohibiting him to connect with the victim.
https://www.derbytelegraph.co.uk/news/derby-news/derby-man-sent-revenge-porn-3280054

Pornhub owner earns money from the revenue generated through advertisements, rejects the claim that they allow revenge porn contents on their websites. But the reality is different. Victims state even police can not help in preventing uploading of revenge porn in such websites and detecting the perpetrators. Website liability is questioned.
https://www.bbc.com/news/technology-49583420

India raises alert over need for a new legislation to combat cyber crimes against women as several women , including nuns are defamed via social media.
https://www.thehindu.com/news/cities/kozhikode/cybercrime-womens-panel-calls-for-stricter-punishment/article29434022.ece

Nigerian man arrested in India for duping women, through impostering profiles of wealthy people
https://www.ndtv.com/delhi-news/nigerian-man-in-delhi-posed-as-wealthy-foreigner-cheated-women-jailed-2103379