What happened to intimate relationships in times of networks and pandemic?
With this question we introduce ourselves in "sexting" and "sextorsion", two practices that brought us more than one headache in times of networks. Before starting to talk about the consequences that “sexting” brought in some cases and the increase it had in the midst of isolation, it is important to define what it refers to.
It is a term that comes from English, and means sending messages with erotic and/or sexual content using the cell phone – mainly – and here we can include social networks as one more channel to spread intimacy without realizing that we are being exposed and leaving the door open to another unhappy practice, called "sextorsion" (sexual extortion).
Here we refer to a form of sexual exploitation, in which a person is induced or blackmailed, usually by internet messaging applications, where an image/video with compromised content reveals that "sexting" is practiced, and is also directed to a particular person under the threat that it can be spread without consent on social networks, either because the recipient publishes it in a whatsapp group or intercepted the communication to commit a crime.
Let's go back a little to the beginning and see how a behavior leads to exposing ourselves, then let's remember that the term "sexting" comes from "sex" (sex) and "texting" (sending messages from mobile phones or smartphones). Currently, the advancement of applications, social networks and other mechanisms for transmitting documents and images from any device as a means of social communication, allows the concept to be extended in any action of dissemination or publication of content - videos or photos - related to the sexual and thus produced voluntarily by its author through any technological device without their consent to be the affected person, and without their knowledge in most cases.
So what actions lead to the constitution of a crime or several? Hand in hand with this practice, what is known as “revenge porn” can occur: After a love breakup, one of the parties displays that intimate content and makes it massive through the web in order to harm the other person. ; driven by jealousy or envy that motivate them to publish something that belongs to the private sphere, and seeking to harm their image.
Another situation that can arise is that of "cyberbullying" and the aforementioned "sextortion", generally used by "cyberbullies", where the victim is asked to send more erotic or sexual material, under the threat of publishing it on social networks. . On several occasions, cases of “revenge porn” can end in “sextortion”.
As you have seen we have added “harassment” and “revenge porn”. Now let's see what the law says about it. In this sense, the legal norm says: "....In the event that intimate material is disseminated without authorization, it is possible to legally request that these photos or videos be removed from the sites on which they were published." Article 16 of Law 25,326 on the Protection of Personal Data establishes that they must unsubscribe within 5 business days from the complaint.
Before the health crisis, sexual extortion already existed, but the evident increase in the use of technology coincided with the increase in the practice in the midst of the pandemic. Taking advantage of the lack of privacy of social networks, that malicious person who has private data in his possession, collects contact information of his victim and, in particular, of his friends, boyfriend, relatives, bosses , co-workers, partners, family, parents, etc.
Time for a little switcharoo? RT @SAI: How to invert the colors on your #Mac computer's display, and change your… https://t.co/2mDTpU5STy
— MyITpros Thu Jul 11 17:09:40 +0000 2019
Thus, the person begins to be extorted in extremely short times that can vary between 24 or 48 hours, asking them to deposit sums of money in dollars in a bank account abroad in exchange for not publishing their videos, photos and/or conversations or send them to your contacts.
To act legally, all possible evidence must be preserved: messages, screenshots, chats, emails, audios, photos, videos and any type of content that provides information to computer experts to proceed with their investigation. The complaint can be made in the corresponding prosecutor's office according to the victim's address.
The classification of "revenge porn" and the inclusion of this figure in the new Penal Code seeks to protect the privacy of people in a context of new crimes committed through computerized means or web platforms. It was incorporated in the reform of the Penal Code and refers to the dissemination without consent of images or audio recordings of a sexual nature produced in private.
The penalty is aggravated if the person was a partner of the victim or if the victim is a minor or if the crime is committed for profit. It is debated in some cases whether sexting is immoral or perhaps unhealthy, but it is clear that it would be at least dangerous if it were not taken into account that these practices can have serious consequences due to the risks of disclosure without consent.
That is why it is imperative to be aware and that all people of ages in a position to connect to the Internet in an unsafe way, are aware of the risk of computer crimes such as theft of personal data, sexual extortion, revenge porn and that they can be victims. harassment among other behaviors that increased with the pandemic.
Technological advances are consolidating the Internet with free and safe access for all people, but it implies a responsibility of the whole society that must understand the consequences of requesting access to a computerized world that apparently seems harmless (and that it would be in an ideal world). ) but is not. We must include digital literacy as a public policy in topics such as sexual education, gender violence on networks, bullying, cyberbullying, cybercrime, mobbing, and work on legislation and more specifically on the personal data protection law. COVID 19 forced us to adapt and it is clear that in some aspects we were not prepared to access the internet and networks without taking certain precautions.
We must become aware and work on digital prevention. We must inform ourselves to understand the dangers and risks to which we expose ourselves when we expose our privacy by making a publication directed to another while there are those who may be waiting for us to do so. Taking care of each other is everyone's responsibility.
(*) Lawyer graduated from the University of Buenos Aires, with Law Professorship at the Argentine Catholic University. She has a Diploma in Public Administration 4.0. She teaches classes on the subject of reference.