If you are stuck in such a situation, here is what to do.

A social media influencer, Ms. Priya, who runs a popular channel called ‘Metro Moments’, was filming a ‘rapid-fire questions’ segment in a public park in the city of Anandpur. She approached several people, including a gentleman named Mr. Sameer, and recorded their answers. Mr. Sameer participated, assuming it was for a small-scale project. He was never informed that the video would be published on a channel with millions of followers, nor did he provide explicit consent for its widespread distribution.

To his shock, the video went viral, accumulating a massive number of views and shares. This sudden and unwanted digital exposure caused Mr. Sameer significant distress. He faced ridicule and harassment from his family and friends, who were upset about his public presence online. He repeatedly reported the video to the platform, ‘VidNow’, requesting its removal. However, the platform responded each time stating the video did not violate their community guidelines and refused to take it down. This left Mr. Sameer feeling helpless and seeking legal recourse.

Advice in such cases

If you find yourself in a situation like Mr. Sameer’s, it is crucial to act methodically to protect your rights. The absence of explicit consent for publication, especially for commercial or viral purposes, gives you grounds to take action.

• Send a Legal Notice: The first formal step is to have a lawyer send a legal notice to the content creator and the social media platform. The notice should demand the immediate removal of the video and can also claim damages for the harassment and mental anguish caused.
• File a Police Complaint: You can file a complaint with the local police or the cyber crime cell, outlining the non-consensual use of your image and the subsequent harassment.
• Civil Suit for Injunction and Damages: A civil suit can be filed in court seeking a permanent injunction to stop the video’s circulation. You can also sue for monetary damages to compensate for the violation of your privacy and the reputational harm suffered.
• **Consult with Lawyer:** The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Several Indian laws protect individuals in such scenarios. With the introduction of new criminal laws, it is important to be aware of the relevant sections:

• Right to Privacy: The Supreme Court of India in the K.S. Puttaswamy judgment has declared the Right to Privacy as a fundamental right under Article 21 of the Constitution. Publishing someone’s video without their consent for wide circulation can be a violation of this right.
• Defamation (Section 356 of the Bharatiya Nyaya Sanhita, 2023): If the video, its title, description, or the comments it attracts have lowered your reputation or exposed you to public ridicule and contempt, it can amount to criminal defamation.
• Information Technology Act, 2000: While many provisions are now covered under the BNS, the IT Act still governs intermediaries. Section 79 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, make platforms like ‘VidNow’ liable if they fail to remove unlawful content after being notified by a court order or a government agency.

If you are the complainant

As the person initiating legal action, your role is to build a strong case.

• Document Everything: Keep a record of all communication with the content creator and the platform. Save the URL of the video and take screenshots.
• Gather Proof of Harm: Collect evidence of the harassment you have faced. This can include screenshots of messages, emails, or even statements from friends and family who can testify to the negative impact it has had on you.
• Be Clear in Your Complaint: When filing a police complaint or a lawsuit, clearly state the facts, the absence of consent, and the specific harm caused.
• **Consult with Lawyer:** The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

As the victim of this privacy violation, your immediate priority is to manage the situation and mitigate the damage.

• Stay Calm and Do Not Engage: Avoid getting into arguments with the content creator or trolls in the comments section. Engaging can often escalate the situation.
• Preserve All Evidence: Before it potentially gets deleted or edited, use screen recording software to capture the video. Take screenshots of the video, the number of views, and any harassing comments.
• Report to the Platform: Continue to use the platform’s reporting mechanism. Even if it fails initially, it creates a record that you attempted to resolve the issue through the platform’s channels.
• **Consult with Lawyer:** The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police response can vary. Initially, some officers might view the issue as a minor dispute or a civil matter, especially if the video was shot in a public place. They may be hesitant to file a First Information Report (FIR). However, the cyber crime cells are generally more equipped to handle such complaints. If your complaint clearly articulates a cognizable offense like criminal defamation or harassment, the police are obligated under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to register an FIR and investigate. Having a lawyer accompany you can ensure the police take the matter seriously.

FAQs people normally have

What evidence is required?

To build a strong case, you will need to provide concrete evidence, including:

• The video itself (a downloaded copy or screen recording).
• The URL of the video and screenshots of the page showing the view count and channel name.
• Screenshots of any abusive or harassing comments.
• Copies of any communication with the video creator where you asked for the content to be removed.
• Records of your complaints to the social media platform and their responses.
• If possible, statements from witnesses who can confirm you did not give consent for such wide publication.

How long will the investigation take?

The timeline for resolution can vary significantly. A police investigation may take anywhere from a few weeks to several months, depending on their workload and the complexity of tracing the digital footprint. The court process for an injunction and damages suit is longer. While an interim order to take down the video can sometimes be secured relatively quickly (within weeks or a few months), a final judgment on the matter can take years. However, the immediate relief of getting the video taken down via a court order is often the most critical outcome for the victim.

Advocate Sudhir Rao, Supreme Court of India