Tag: cybercrimes against women

Gender and Internet : Web magazine for Cyber law for women News update for July 26th-August 5th, 2020

Let peace prevail on Hiroshima Day: picture courtesy : Internet

Facebook data miner steals pictures of university students to provide the same to the porn sites for using the same as advertisement for sex workers. Students collectively join hands to approach the porn site and the images thus uploaded non consensually gets taken down in India
https://www.deccanherald.com/metrolife/metrolife-your-bond-with-bengaluru/porn-site-removes-city-students-pics-867735.html

Woman sentenced to 17 years of jail term for online sexual exploitation of children, attempt to trafficking of children online under under Republic Act (RA) 9208 as amended by RA 10364 (Expanded Anti-Trafficking in Persons Act), RA 7610 (Anti-Child Abuse Law), and RA 9775 (Anti-Child Pornography Act) in relation to RA 10175 (Cyber crime Prevention Act) in Philippines.
https://www.sunstar.com.ph/article/1865311/Cebu/Local-News/Woman-sentenced-to-17-years-for-online-sexual-exploitation-of-children

Turkey approves social media law that would demand web companies to post their officers in Turkey to address grievances of social media users including cyber crimes targeting women.
https://www.sunstar.com.ph/article/1865311/Cebu/Local-News/Woman-sentenced-to-17-years-for-online-sexual-exploitation-of-children

High Court of Kerala, India denies bail for woman activist who posted pictures of her nude body being painted by her children on social media profile on the ground of sexual gratification by using children.
https://www.indialegallive.com/top-news-of-the-day/news/kerala-high-court-dismissed-bail-application-of-ms-fatima-a-s-who-painted-body-of-her-two-minor-children-and-uploaded-video-on-social-media?fbclid=IwA

Bulgarian prime minister accused of conveying message suggesting threatening to burn woman member of Bulgarian Socialist party. The prime minister defended by stating that the same was n impersonating audio record.
https://www.theguardian.com/world/2020/jun/25/bulgarian-pm-boiko-borissov-could-be-investigated-over-audio-threat-to-burn-mep

Gender and Internet : Web magazine for Cyber law for women News update for June 1- June 30, 2020

Happy World Social Media Day from Gender & Internet : Web magazine for cyber law for women

Courtesy: Google

India bans 59 Chinese websites including TikTok , SheIn etc: government cites reasons of national security and privacy issues.
https://www.medianama.com/2020/06/223-tiktok-banned-india-59-chinese-apps/

Lacunae in Korean Communications Standards Commission, which prohibits “explicitly showing or describing specific sexual parts of the body such as male/female genitals, pubic hair or anus” allows more creation and circulation of porn contents including nude body parts of women over live-streams.
https://technology.inquirer.net/101544/freewheeling-sexual-content-the-dark-side-of-s-koreas-internet-broadcasting

Egyptian belly dancer arrested over charge of debauchery. offensive contents were found from the dancer’s TikTok profile which she alleged as unauthorisedly shared and stolen from her phone. Misdemeanors Economic Court stated that the accused had violated family principles and values in Egypt for committing immorality. Dancer decides to file an appeal.
https://www.deccanherald.com/international/world-trending/egypt-court-jails-belly-dancer-for-debauchery-in-social-media-crackdown-854656.html

Jordan police arrests man and his videographer friend who made video and shared it over social media inciting people to rape women who wear revealing clothes.
https://gulfnews.com/world/mena/jordan-two-men-arrested-for-inciting-others-to-rape-women-wearing-revealing-clothes-1.72005981

6 people in Massachusetts who had been former employees of EBay Inc company, have been charged with conspiring to commit cyber stalking and tamper with witnesses as they started threatening a couple, who runs a newsletter on e-commerce by sending anonymous emails, delivering stuffs like live cockroaches, bloody masks etc

https://o.canada.com/pmn/business-pmn/six-former-ebay-employees-charged-with-cyberstalking-massachusetts-couple/wcm/438f59af-0125-4ac8-8cf0-b1f98082ef26

Hyderabad man poses as friend to wife for sextortion and blackmailing in Andhra Pradesh, India, gets arrested on complaint from wife.
https://english.sakshi.com/news/telangana/hyderabad-man-arrested-extorting-rs-1-crore-wife-posing-friend-120389

Pakistan man who worked in a private clinic got arrested for secretly video taped child birthing and other related medical procedures and threatening the clinic owner to share the videos online when the owner terminated his services.
https://tribune.com.pk/story/2246467/clinic-worker-held-videotaping-patients

Thailand unemployed dance teacher arrested by police for possessing offensive images of children in his device.
https://www.chiangraitimes.com/thailand-national-news/teacher-arrested-for-possessing-offensive-images-of-children/

Gender and Internet : Web magazine for Cyber law for women News update for March 17-April 7, 2020

On behalf of Centre for Cyber Victim Counselling (www.cybervictims.org), we urge all our readers to stay safe and not to share any fake news. Also, please do not use online platforms to generate any harassing content, revenge porn materials, non consensual porn materials bullying, trolling contents etc to harass women and girls. Stay safe. Let others feel safe...

Dr.Debarati Halder

Social media and Whats App being used for spreading fake news and harassing information targeting women travelling from across the countries.
https://www.newindianexpress.com/states/tamil-nadu/2020/mar/25/stop-harassing-her-tn-woman-approached-hospital-on-her-own-didnt-resist-quarantine-says-friend-2121174.html

Amid Corona scare and lock-down, South Korea sees rising of online sexual abuse of women and girls especially through cases like Telegram NTH room
https://meaww.com/molka-scandal-telegram-nth-room-south-korea-needs-to-do-more-combat-sex-crimes-against-women-girls

Online meetings and classes through platforms like Zoom expose more harassment targeting women
https://www.nbcnews.com/tech/security/video-chats-familiar-forms-online-harassment-make-comeback-n1168806?fbclid=IwAR0rgYLYulrbz9LE9Q0BKnPw0Cxw3Wg7_n4Mpa3DeuaRptAa973Bp2_wbpY

With more usage of Zoom, private video sessions including sessions with therapists, family , friends etc and names and phone numbers get exposed.
https://www.washingtonpost.com/technology/2020/04/03/thousands-zoom-video-calls-left-exposed-open-web/?fbclid=IwAR1M3yRTYKqUuDJhP0rZLz_z8yDcwrZ5CgQN2yzlsgGA2awhPIEOF31CQlA&utm_campaign=wp_main&utm_medium=social&utm_source=facebook

Cyber security loopholes get exposed in all online platforms including web company giants like Google, Facebook etc.
https://www.politico.eu/article/privacy-agenda-threatened-in-wests-virus-fight/?fbclid=IwAR2BhQ8NHVZB1yNrob6UPRgGtsfOdQcrId1rRSRaoFXtRF8KLcpCAvvTAUQ

Gender and Internet : Web magazine for Cyber law for women News update for February 17-March 16, 2020

Case against man in Scotland who had alleged to have sent naked videos of himself and contents showcasing sexual acts performed by himself to woman, gets deserted, prosecution comes to an end without the facts being determined and he is allowed to walk free because witnesses for the prosecution failed to depose.
https://www.thesouthernreporter.co.uk/news/crime/case-deserted-against-hawick-51-year-old-accused-sending-woman-videos-himself-performing-sex-act-1887132

Bangalore court rejects bail petition of Nigerian man who had duped 44 women he met on marriage portal
https://timesofindia.indiatimes.com/city/bengaluru/bengaluru-nigerian-accused-of-cheating-44-women-denied-bail/articleshow/74296918.cms

Man joins Whatsapp group in India, post data mining, gets number of target female victim and allegedly continues to send sexually harassing contents in Hyderabad, India and gets arrested.
https://www.newindianexpress.com/cities/hyderabad/2020/feb/26/tamil-nadu-man-harasses-woman-in-hyderabad-held-2108542.html

US woman ends relationship with a Dubai based Egyptian, sends strong mail against the later’s online abuses including sending her pornographic images of himself, sexually explicit images and texts via messages : resultant, the woman is charged with slander as per the UAE laws and arrested.
https://www.independent.co.uk/news/world/middle-east/melissa-mcburnie-arrest-uae-strong-language-explicit-messages-us-national-a9367381.html?fbclid=IwAR3d5kgmNJWK0yGKVaL08O96JuO_RCM_xSkieZZxNgGnvFIz-E5tnFE9y9E

Pornhub, world’s biggest porn site fails several victims of rape, revenge porn and nonconsensual porn in its practice of due diligence. Activists and stakeholders point out that thousands of rape, sexual assault videos are consumed over this platform.
https://www.theguardian.com/global-development/2020/mar/09/worlds-biggest-porn-site-under-fire-over-videos-pornhub?CMP=share_btn_fb&fbclid=IwAR0llaaHI65m5K9zECr3XYAmRD_ZHzUFyM1YY8WOT6-gAs9JcFWwPlYxFyI

Dating apps are used by men to rob, sexually assault women in real life in the US
https://www.wusa9.com/article/news/local/maryland/masked-men-posing-as-women-on-dating-apps-to-assault-victims/65-32860767-6a58-4220-ad84-bbe8d42d934b

3 women get prison sentences and order for hefty payment for live streaming of child abuse in lieu of money from regional trial court in Lapu Lapu in Philippines.
https://cebudailynews.inquirer.net/289203/3-mothers-from-lapu-lapu-city-plead-guilty-to-online-trafficking-charges

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 20th-26th January, 2020

German court rules that Facebook has further violated the data protection law primarily for default setups which allow location tracking and sharing the link of the users’ profiles with the search engines. Women and children face more privacy related threats due to such setups.
https://www.politico.eu/article/facebook-violates-data-protection-law-german-court-says/?fbclid=IwAR1nEqmIS-JrHeYvPXmtY3DUh-Xy1sWQ_sTwUoKuOzN5WqB0hMRT1mEa93k

Indian women politicians are being harassed by Troll armies and deep fake porn on Twitter.
https://amp.cnn.com/cnn/2020/01/22/india/india-women-politicians-trolling-amnesty-asequals-intl/index.html?__twitter_impression=true&fbclid=IwAR3nDIPebX-UsVV99pl3jnIU6dJuuN6KphxaZfldfk2oh2NhQ8DdQhACDZ4

Pune man hacked into the social media profile of teen girl to create fake account and spread obscene messages impostering the victim. The accused gets arrested under provisions of Indian Penal Code and Information Technology Act, 2000(amended in 2008).
https://timesofindia.indiatimes.com/city/pune/man-creates-teens-fake-profile-online-shares-her-morphed-pics/articleshow/73562885.cms

Video of young female college students drinking alcohol in a house party in Tamil Nadu becomes viral and the women attract moral policing and trolling on social media : the girls are suspended from the college. Stakeholders caution that lack of laws for addressing trolling, cyber shaming women may ruin reputation and lives of women in India
https://www.newindianexpress.com/states/tamil-nadu/2020/jan/26/error-404-your-profile-is-now-morally-webbed-2094622.html

stakeholders raise concern faster online grooming of girls whereby young girls are made to expose for pedophiles within minutes. Young girls are falling victims of child sexual abuse by way of self generated images especially in the Live Streaming websites for more ‘likes’for their images.
https://www.independent.co.uk/news/uk/home-news/girl-grooming-child-sex-abuse-livestreaming-internet-watch-a9300946.html?fbclid=IwAR2CdfGWM_-6zQUdZZ55eyUEgeIkJxcF2b76-7rrMICz2oJV-1n9g-4K0FM

Gender and Internet : Web magazine for Cyber law for women News update for January 1st-6th, 2020

Model tries to raise donation for Australian Bush fire by promising to share her nude pictures to those who would donate some money. But things do not turn up as expected, her nude pictures gets unauthoirsedly and freely distributed and her Instagram account gets deactivated allegedly because she has violated the policy norms.
https://indianexpress.com/article/trending/trending-globally/model-raises-100000-for-australian-bushfire-victims-by-sending-nudes-for-donations-6201996/

US judge awards huge damages to women victims against a specific porn website. The victims did not know that their images which were made in the name of modeling, were uploaded in the porn sites.
https://www.theguardian.com/us-news/2020/jan/03/girlsdoporn-site-pay-127m-women-didnt-know-videos-posted?CMP=share_btn_fb&fbclid=IwAR0jryZJ6GcQTidjsmARU46_WLRCZjnufAZlyaHuJV9WZc63VQBmWjDdHd4

Fresh Cambridge Analytica case shows more data breach
https://www.theguardian.com/uk-news/2020/jan/04/cambridge-analytica-data-leak-global-election-manipulation?CMP=share_btn_fb&fbclid=IwAR3IztXEHqQi3epuA5egPIzPezFt6rEJeUH0ty15GkJU4-L-mIT1Ev4eL5w

Colleges are using smart phones of students for surveillance purposes in the US
https://www.washingtonpost.com/technology/2019/12/24/colleges-are-turning-students-phones-into-surveillance-machines-tracking-locations-hundreds-thousands/?fbclid=IwAR0e-EQerbXhrek_imW0wue8a12R3XWbZJRCGDKjmFqIcDSir7tvxJY9Nj0

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 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