Can anyone take your picture or video without your permission in India? Do they have the right to upload it on social media? Is there any value in India for the loss of dignity caused by it?
What's here 21 June 2021
Can anyone take your picture or video without your permission in India? Do they have the right to upload it on social media? Is there any value in India for the loss of dignity caused by it?
Nirali Nayak 22 June 2021
Hello, greetings of the day.
As per your query, according to our laws you are free to take pictures for private use of other people in public areas under the Constitution of India Article 19. But publishing a photo in a manner which may be "embarrassing, mentally traumatic" or may cause "a sense of insecurity about the activities the person in the photograph is involved in" is illegal under Article 21. Section 509 states that, word, gesture or act intended to insult the modesty of a woman or intruding upon the privacy of such woman, can be punished with simple imprisonment for a term which may extend to one year, or fine, or both. It is illegal to capture photos of someone in one's private premises without their permission. If you are using someone's photo for any commercial purpose or some fun activity or for any purpose which the person whose photo is taken may think wrong then the person can sue you for Defamation. The post should harm your reputation in a tangible way. Also using someone’s picture without their permission is an offense under cyber law. Under cyber law you can file a complaint in cyber cell police station against any person who is doing this crime.
Hope this answers your question.
Regards
Nirali Nayak
Law Student
What's here 22 June 2021
I ask you very simply. Now I am sitting in a park. If someone takes an interest in me and takes my photo or video. They do not know what my state of mind is, I tell them not to videotape. (They must obey it?) I have the right to say that. We can not understand what they are using it for.. Do they have the right to provoke me again in the name of the law?Are they not obliged to obey it?
sarkar Shreejay 02 July 2021
Ajay Ajay 05 August 2023
There is Consensual and Forced Sex with respect to ONE'S RIGHT TO PETSONAL PRIVACY..
In the case of the former no Cobsent would be needed if there is NO OBJECTION between the two..
However, if ONE PARTY SAYS NO.. IT IS NO.. and if the Other Party conitinues.. IT IS RAPE .. IS IT NOT.. ???
Similarly in taking a picture/video of someone.
The Subject may or may not give Consent..
However... but IF THE VICTIM CLEARLY, REPEAYEDLY SAYS .. NO.. STOP.. and the Perpetrator continues to take pictures.. this is a FULL ASSAULT & VIOLATION ON ONE'S PERSONAL PRIVACY RIGHTS.. and becomes a VIDEO RAPE... AS SIMPLECAS THAT..
It is not a question of Consent or No.. but a CLEAR NO.. TO STOP.. !!