Q: Describe section 66 E of Information Technology Act, 2000 ?
Ans:
Section 66 E of Information Technology Act, 2000 deals with punishment
for violation of privacy. Any person who intentionally or knowingly
captures, publishes or transmits the image of a private area of any
person without his or her consent, under circumstances violating the
privacy of that person, shall be punished with imprisonment which may
extend to three years or with fine not exceeding two lakh rupees, or
with both. Explanation. -For the purposes of this section:
(b) "capture", with respect to an image, means to videotape, photograph, film or record by any means without permission.
(a)
"transmit" means to electronically send a visual image with the
intention that it be viewed by a person or persons with the permission.
(c) "private area" means the naked or undergarment clad genitals, pubic area, buttocks or female breast.
(d)
"publishes" means reproduction in the printed or electronic form and
making it available for public; e) "under circumstances violating
privacy" which means circumstances in which a person can have a
reasonable expectation that;-
(i) he or she could disrobe in privacy, without being concerned that an image of his private area was being captured; or
(ii)
any part of his or her private area would not be visible to the public,
regardless of whether that person is in a public or private place.
Illustration:
So if a person publishes private images of others, he may get the
imprisonment upto 3 years and/or fine upto Rs 2,00,000.
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