Open Access Research Article

DIGITAL SEXUAL EXPLOITATION OF WOMEN AND CHILDREN: LEGAL CHALLENGES AND THE NEED FOR EFFECTIVE REGULATION

Author(s):
MANAS UNNIKRISHNAN ABHIRAMI PRASAD
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 7

Abstract

Digital technology is growing fast, leading to new ways of sexual exploitation such as non-consensual sharing of intimate images; sextortion; online grooming; cyber-stalking; and AI-generated sexual deepfakes. Women and children are especially at risk of these types of abuse, exacerbated by the anonymity of the abuser, harmful content and challenges to cross-border enforcement. The present paper will look at the regime of sexual exploitation by intermediaries in digital space with reference to the Information Technology Act, 2000 and Bharatiya Nyaya Sanhita, 2023 and the Protection of Children from Sexual Offences Act, 2012. It points out the main gaps in the current legislation, which include three fields: fragmentation, consent, synthetic sexual pictures, online grooming and the platforms' responsibility for and investigation of digital evidence. The paper will take into account constitutional principles such as equality, privacy, dignity and non-deprivation, as well as international conventions on child protection. It is supportive of the need to bring about greater clarity in definitions, coordination and action with regard to new forms of digital abuse. Finally, it proposes a uniform, rights-based regulatory approach which is more transparent, provides better remedies and strikes a balance between content regulation and freedom of expression.  

Published Paper

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Author Details

Authors: MANAS UNNIKRISHNAN & ABHIRAMI PRASAD Registration ID: 1013420 | Published Paper ID: IJLRA13420 & IJLRA13421Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 1945-1959

About Journal

International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

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