Question
An individual photographed another person in a private
location without consent and posted the image on social media. The person whose image was shared suffered emotional distress and reputation damage. Under Section 66E of the IT Act, which statements are correct? Statement 1: The action violates Section 66E if the image relates to a person's private parts or intimate areas. Statement 2: The posting of the image itself, even if not of private parts, can constitute violation if intent is to humiliate. Statement 3: The individual can claim defense if the image was not of "private parts" specifically. Statement 4: Punishment under Section 66E includes up to 3 years imprisonment and/or fine. Which statements are correct?Solution
Section 66E covers images of private parts—Statement 1 is correct. Non-private-parts images can still violate if intent is to humiliate/violate privacy—Statement 2 is correct. Statement 3 is incorrect—even non-private-part images are covered if posted with intent to violate privacy. Statement 4 is correct—up to 3 years punishment. Statements 1, 2, and 4 are correct.
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