Sharing private photos, videos without consent to attract strict action: K'taka DG-IGP

Bengaluru, Jun 17: The state home department has taken a stern stance against the unauthorized sharing and circulation of private pictures and videos. Releasing someone's private photos or videos without their explicit permission is a severe criminal offense. In this regard, Director General and Inspector General of Police (DG-IGP) Dr M A Saleem has issued a strict order and comprehensive guidelines, warning police personnel of severe disciplinary action if they delay registering First Information Reports (FIRs) in such cases.

Consent to film is not consent to share

The guidelines clarify a crucial legal distinction: a victim's initial consent to be filmed or photographed does not equate to consent for that content to be shared or broadcast. The DG-IGP clearly instructed that police must not refuse to register a complaint or delay an FIR by citing that the victim had initially agreed to the filming. Distributing or broadcasting such content without explicit permission constitutes a cognizable offense.

Strict sections for sextortion and blackmail

The comprehensive order has been issued in the wake of rising incidents involving sextortion, revenge porn, and blackmail, where perpetrators use intimate content to extort money, demand sexual favors, or seek other advantages. In such instances, immediate FIRs must be registered invoking extortion and criminal intimidation clauses under the Bharatiya Nyaya Sanhita (BNS) 2023, along with the Information Technology (IT) Act.

Specifically, cases involving violations of privacy must invoke Section 77 of the BNS 2023, coupled with Sections 66(E), 67, and 67(A) of the IT Act 2000. In cases involving female victims, it is mandatory to register the FIR by combining Section 77 of the BNS with the relevant IT Act sections.

Zero FIR and immediate content takedown

If a victim approaches a police station for a crime that occurred outside its local jurisdiction, the police are mandated to register a Zero FIR and immediately transfer it to the concerned station. There should be no refusal of service based on jurisdiction.

Furthermore, investigating officers must issue immediate notices to relevant platforms and agencies under the IT rules to take down the offensive content. All digital evidence must be legally, securely, and confidentially preserved. Investigating officers are also required to coordinate closely with cybercrime units to conduct technical and forensic analysis of the evidence.

Sensitivity and confidentiality

Emphasizing a compassionate approach, the guidelines mandate that the victim's identity be kept strictly confidential. The police must handle the complainants with utmost sensitivity, ensuring they do not face any humiliation or trauma during the reporting process. To further this safe environment, complaints from female victims must be recorded exclusively by a female police officer.

Dr Saleem has issued a firm warning to all investigating officers and station house officers that any failure to register an FIR, or any delay caused by citing false reasons such as 'prior consent', will result in strict disciplinary action against the erring personnel.