Digital dichotomies: navigating non-consensual image-based harassment and legal challenges in India

This article provides a critical analysis of the complex nature of non-consensual image-based harassment of women in cyberspace, challenging the prevailing view that this form of harassment is synonymous with revenge pornography. It explores the intricate patterns and methods through which images are used to target women online, with a specific focus on the Indian context. The article has three primary objectives: firstly, to delineate and comprehend the diverse patterns of this digital abuse and its repercussions on the victimisation of Indian women; secondly, to investigate the root causes and consequences of such victimisation within India; and thirdly, to propose policy measures, especially through civil and criminal remedies, aimed at curbing the production and dissemination of this detrimental content. Providing critical insight into the problematic relationship between content creators and websites, which is intensified by jurisdictional boundaries imposed by foreign laws that govern these platforms, the article argues that this legal incongruity may inadvertently allow content creators to persist in their harmful practices despite the legal protections currently available in India. Consequently, it calls for a reassessment of existing legal frameworks and argues for the development of stronger, more cohesive global policies to address this issue effectively.