How Much is Too Much?: Exploring Sexual Privacy in the Context of Online Interpersonal Relationships

  • Joanna Esther Shalini
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  • Joanna Esther Shalini

    Student at Chettinad School of Law, India

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Abstract

In this rapidly developing digital era, the manner in which we create and maintain interpersonal relationships have drastically changed. The majority of intimate connections are presently shaped and kept up through online means. Establishing privacy is key when exploring online interpersonal communication, as you control how much personal data you disclose to the other person. Self-disclosure is accordingly, a significant relational instrument that is essential in creating any relationship. Divulgence of information is thus done on the foundation of trust and vulnerability. Intimate relationships are a result of increased self-disclosure, done willingly. However, imagine a scenario in which this limit of controlled self-divulgence is attacked. This paper will address the question, “how much divulgence is too much?”. The dialectical nature of privacy and self-disclosure and the degree at which divulgence proves detrimental will be explored. This paper will secondly investigate sexual privacy and some emerging cybercrimes in this regard. Success in intimate relationships relies upon sexual privacy. Attacking this private boundary warrants recognition and protection as most often, women and sexual minorities shoulder this maltreatment and abuse. The judgement passed in the case of Puttaswamy v. UOI held that Right to Privacy shall come under the purview of Right to Life under Article 21 of the Constitution of India. The Information Act, 2000 protects online data in India. But these laws do not control the emerging issues of invading sexual privacy due to technological advancement. Dissemination of videos and images containing sexually explicit content is one such issue that is not classified as cyber crime under these laws. Thus, thirdly, this paper aims to analyse the adequacy of the present laws in regulating sexual privacy. Fourthly, the paper will suggest a new approach to protecting sexual privacy that focuses on law and the respective cyber markets.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 4, Page 2403 - 2412

DOI: https://doij.org/10.10000/IJLMH.111590

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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