Question:
An unknown boy is uploading my younger sister’s Instagram videos without permission, which is causing embarrassment. Although the videos were private, he somehow collected them and posted them on his Instagram account. When I contacted him and requested him to remove the videos, he refused. I only know his Instagram account and don’t have any other information about him. What legal action can be taken in this case, and how?
Answer:
In this situation, the boy is committing an act of online harassment and invasion of privacy by uploading private videos without consent. Here are the legal steps you can take to address this:
1. Legal Provisions in Bangladesh:
- Under Section 66E of the Information and Communication Technology (ICT) Act 2006 of Bangladesh, it is illegal to publish or transmit any private video or image of a person without their consent. This is considered a crime and can lead to imprisonment or fines.
- The act of uploading your sister’s private videos can fall under cybercrime, as the boy has used technology to violate your sister’s privacy.
- You can file a complaint under Section 57 of the ICT Act if the content is offensive, embarrassing, or defamatory, which is causing harm to your sister’s reputation.
2. Steps You Can Take:
- Report to Instagram: Instagram has policies against the sharing of private content without consent. You can report the videos directly to Instagram by selecting the video, clicking on the three dots, and choosing “Report.” Select the option that best fits, such as “Inappropriate content” or “Unauthorized content.”
- Send a Formal Legal Notice: You can send a legal notice to the boy, requesting him to remove the videos and stop further harassment. This can be done through a lawyer who may be able to draft a formal cease and desist letter. Although you don’t have his full contact details, the notice can still be sent through his Instagram account.
- File a Police Complaint: If the boy refuses to remove the videos or continues to harass, you can file a police complaint under the ICT Act, alleging unauthorized distribution of private content. You can also ask the police to trace his identity through his Instagram account and take legal action.
- Seek Legal Help: If needed, consult a lawyer specializing in cybercrime or digital privacy. They can guide you through the process of filing a case, including how to track the boy’s identity with the help of authorities.
3. Possible Penalties:
- If the boy is found guilty under the ICT Act, he could face imprisonment for up to 7 years and a fine up to 10 lakh taka for distributing private videos without consent.
4. Precautionary Measures:
- To prevent future incidents, ensure your sister’s privacy settings on Instagram are strictly enforced, including making her profile private and restricting who can see her posts.
- If the videos are shared in public forums, advise your sister to delete all videos or photos from her account that could be accessed by others.