Many educational presentations continue to straightforwardly frame both consensual and nonconsensual intimate image distribution among youth as child pornography. This continues despite the availability of a purpose-built offence for nonconsensual intimate image distribution (NCIID) that was designed, in part, to avoid the use of child pornography offences in NCIID cases and the existence of a “private use exception” that limits the applicability of child pornography offences in cases of consensual “sexting” among youth. This sometimes inaccurate and, I argue, inappropriate focus on child pornography offences is especially common in presentations by police and public safety personnel. Through a discursive analysis of Canadian case law and a case study of educational approaches provided by the CyberScan unit, I find that the continued dominance of a child pornography framing is based on both genuine misconceptions of how these offences apply to intimate image distribution and intentional misrepresentations of the legal context.

The rapid proliferation of digital technologies has ushered in a new epoch replete with unprecedented challenges about safeguarding personal privacy and the unauthorized dissemination of intimate images. This article explores the intricate legal landscape encompassing the Indian Penal Code, Information Technology Act, Digital Personal Data Protection Act and the Bharatiya Nyaya Sanhita Bill. This analytical pursuit casts a gaze upon the imperative task of addressing the non-consensual dissemination of intimate images within the contours of the digital milieu. This article comprehensively explores the potential repercussions of digital transgressions, laying bare the seismic impacts on individuals’ privacy, inherent dignity and psychological well-being. More than a mere exploration, this paper unfurls a roadmap for conceptualizing a holistic and productive legal framework in India – uniquely attuned to tackling the complex challenge of non-consensual dissemination of intimate images. Embedded within this endeavour are methodically derived recommendations, conceived upon the bedrock of meticulous dissection of pertinent legal provisions, nuanced analysis of case law and astute juxtapositions with international approaches to analogous predicaments. The overarching objective herein is to propel the evolution of a legal edifice that transcends the constraints of the digital epoch by forging a harmonious amalgamation of its principles with the bedrock tenets of human rights. At the heart of this scholarly endeavour lies an unswerving commitment – to secure and uphold individuals’ sanctified digital privacy inviolability. The ultimate goal is to erect formidable safeguards that staunchly shield individuals from the consequences concomitant with encroachments upon their digital sanctums. Through this concerted initiative, the pursuit of a legal landscape that is not only equitable and reasonable but also at pace with the dynamic digitalization landscape stands foregrounded. This work is thus a clarion call that echoes the need for continuous refinement in the pursuit of justice within the digital echelons of our society.

‘Revenge pornography’ is a concept which embraces a broad spectrum of the non-consensual distribution of private sexual images. Acknowledging the harms that arise from this practice and the human rights implications of ‘revenge pornography’, this paper focuses on the difficulty of removing those images from the Internet. It considers the legal vehicles which can be employed to force websites and third-party operators to remove private sexual images, including privacy law and copyright notice and takedown systems. It concludes that the piecemeal approach to image removal is insufficient, and that a more cohesive and appropriate approach to image removal is required to ensure that victim-survivors’ rights to private and family life are properly protected.

In this article I explore judicial interpretations of the relationship between digital technology and non-consensual intimate image distribution (NCIID) (i.e., “revenge porn”). Drawing on my analysis of forty-nine Canadian cases of NCIID, I show that judicial interpretations of digital technology have important influences on how NCIID is understood and responded to in the law. I find that the majority of judges perceive digital technology as making NCIID easier to commit—with the simple “click of a mouse”—and as increasing the amount of harm caused by this act—as digital nude/sexual photos are seen as lasting “forever” and thus as resulting in ongoing and immeasurable harm to victims. These perceptions have substantive impacts on legal rationales and sentencing decisions, with the affordances of digital technology regularly being treated as justifying harsher sentences to denounce and deter this act.

‘Revenge porn’ is conceptualised as a modern phenomenon which the law is not equipped to deal with. The advent of smartphone technology has allowed sexually explicit material to be created easily and disseminated quickly. An increasing number of individuals have fallen victim to this phenomenon in recent years. This paper submits that victims of revenge porn ought to be held due monetary redress in the civil law, while acknowledging that the damage done by revenge porn need not necessarily involve a loss. Victims of revenge porn are likely to suffer from severe emotional distress and upset, but these injuries are non-patrimonial. This can consequently make it difficult to frame an action for damages. This paper asks if the delict iniuria might offer appropriate remedy in instances of revenge porn. The actio iniuriarum was, in Roman law, a delict which served to protect the non-patrimonial aspects of a person's existence – ‘who a person is rather than what a person has’. As the propagation of sexually explicit images of an individual without their consent is clearly an affront to the esteem of that individual, it is argued that instances of revenge porn ought to be considered actionable as iniuria in modern Scottish law.

Sexting among teens has become a huge problem in the US as well as in India. This has given birth to numerous issues including issues related to child pornography, exploitation of images by perpetrators and revenge porn. While in the US laws are being created and tested for regulating sexting in relation to revenge porn, the situation is quite different in India. This paper emphasises that there is a lacuna in dealing with adolescent sexual behaviour including revenge taking attitude with the help of sexted images. This paper argues that instead of dealing the issue of revenge porn by teens in the traditional procedural ways as has been laid down in the legal provisions or by way of rusticating the children (including the perpetrators and the victim) from the school as has happened in India in several occasions, Therapeutic Jurisprudence approach should be taken up.