Jus Corpus Law Journal
Open Access Law Journal – Copyright © 2024 – ISSN 2582-7820
Editor-in-Chief – Prof. (Dr.) Rhishikesh Dave; Publisher – Ayush Pandey
This is an Open Access article distributed under the terms of the Creative Commons Attribution-
Non-Commercial-Share Alike 4.0 International (CC-BY-NC-SA 4.0) License, which permits
unrestricted non-commercial use, distribution, and reproduction in any medium provided the
original work is properly cited.
Developing Digital Consent Technologies to Address
Technology-Facilitated Gender-Based Violence: A Strategic
Approach
Afreen Azada
a
Calcutta University of Calcutta, Kolkata, India
Received 12 July 2024; Accepted 13 August 2024; Published 17 August 2024
__________________________________
This paper examines the brilliance of Technology-Facilitated Gender-Based Violence (TFGBV) and suggests an anti-technology
methodology to reduce it by enhancing computerized assent instruments. TFGBV refers to more developed savagery perpetrated
and instigated using data and communication technologies to target people because of their sexual orientation or sexual
characterization. The paper talks about the significance of consent in recognizing sexual action from a sexual attack and analyses
two major occurrences of computer-mediated sexual experiences: The paper talks about the importance of consent in recognizing
sexual action from a sexual attack and analyses two major occurrences of computer-mediated sexual experiences: pornographic
dance and touch telecommunication through virtual reality. It likewise evaluates the feasibilities and relevance of present lawful
systems in addressing TFGBV, threaded on the Indian laws. The paper calls for the incorporation of innovation as a preventive
measure to protect victims of TFGBV and the implementation of recurrent and authentic components. Last, it stresses the
importance of multi-sectoral approaches in developing integrated strategies for addressing TFGBV.
Keywords: digital consent mechanisms, sexual assault, image-based abuse, virtual reality haptic communication.
303
AZAD: DEVELOPING DIGITAL CONSENT TECHNOLOGIES TO ADDRESS TECHNOLOGY-FACILITATED….
INTRODUCTION
The widely recognized analysis of creative transformation was based on global human
connectivity. Considerations have demonstrated that a computerized interpersonal network has
been beneficial to a person’s psycho-social enhancement since it engages people to communicate
and reduces separation regardless of the geographical gap existing. While advanced platforms
and systems are used to promote gender equality and prevent sexual violence against women
and other sexual minorities, these efforts often face challenges and are not given enough
attention. ‘Technology-facilitated gender-based violence’ or ‘TFGBV’ is a subset of ‘digital
barbarity’ that can happen in the real world while mostly taking place online. In the real world,
harm based on individuals’ sexual or gendered identities can occur and is often exacerbated by
the use of data and communication technologies. These technologies can facilitate sexual
offenses through activities such as the non-consensual sharing of intimate images, cyber
stalking, and the exploitation of personal data for targeted harassment. For example,
perpetrators may use social media platforms to distribute private images without consent,
causing emotional distress and social harm to the victims. Furthermore, the collection and
misuse of personal information can enable coercion and manipulation, increasing the severity
of the offense.
Stakeholders should continuously monitor technological advancements and adjust consent
processes in response to the evolving landscape of technology. This vigilance is crucial to
prevent the misuse of emerging technologies and to protect individuals from being harmed
through digital means.
Sexual savagery is a declaration of one person's power and dominance over another by
destructive, unjustified, and non-consensual sexual behaviour.1 Consent is commonly defined
as ‘behaviour demonstrative of an inside readiness to lock in a specific act’ and is the crucial
distinguishing characteristic that separates sexual action from sexual attack. In any event,
women's activist grants discuss this interpretation of consent. According to the unusual
1Tanishq Gupta, ‘Designing Digital Consent Technology to Curb Technology-Facilitated Gender-Based Violence:
Leveraging the Counter-Technology Approach’ (Cell for Law and Technology) <https://clt.nliu.ac.in/?p=1026>
accessed 17 June 2024
304
JUS CORPUS LAW JOURNAL, VOL. 4, ISSUE 4, JUNE – AUGUST 2024
viewpoint, sexual consent is independent of one's true desire for sex. This includes instances of
permission given when intoxicated2, control difficulties or pressure, marriage, and the
attachment to a false promise3. The term ‘inebriated consent,’ for example, refers to situations in
which a person offers permission while under the influence of drugs or alcohol, which may
impair their ability to make informed decisions4. If consent is acquired by deceit, such as when
a long-term relationship is promised without any expectation of fulfilment, it is considered a
‘false promise’. This study's focus is on figuring out how to define a sophisticated assent
demonstration to prevent TFGBV episodes. It discusses the legal and technological approaches
to designing digital consent mechanisms for two common scenarios of computer-mediated
sexual encounters: behaviour sexualized through visuals and virtual reality haptic
communication.
NAVIGATING CONSENT AND HARASSMENT IN DIGITAL AND VIRTUAL SPACES
Primarily, sharing sexually unequivocal pictures with consent may be an exhibit of one shape
of computerized sexual action. The risks of sharing such images include the possibility that they
can be stored indefinitely, even if only shared once. This can lead to images being spread quickly
and uncontrollably, increasing the potential for harm. Once consent is given for sharing images,
it cannot be revoked after the photos are taken and distributed. If the individuals involved do
not maintain a secure and respectful relationship, there is always a risk that the images could be
used inappropriately or shared without consent. When consent is granted and then exposed to
digital permanence, it creates a situation known as digital sexual harassment. This can occur in
various ways, such as through the non-consensual sharing of explicit images, revenge porn, or
persistent unwanted sexual advances via digital platforms. These forms of harassment can lead
to significant emotional distress for the victim, highlighting the critical need for effective
prevention measures and support systems
2 Anand P. Chanar v State of Maharashtra (2017) SCC Online Bom 187
3 Ajeet Singh v State of Uttar Pradesh and Ors. (2024) SCC Online SC 11
4 ‘Alcohol and Consent’ (University of Tulsa) <https://utulsa.edu/student-life/sexual-violence-prevention-
education/alcohol-consent/> accessed 27 June 2024
305
AZAD: DEVELOPING DIGITAL CONSENT TECHNOLOGIES TO ADDRESS TECHNOLOGY-FACILITATED….
Presently, developments in Immersive Virtual Reality (VR) enable client engagement via avatar
representations in a futuristic setting. Virtual haptic communications involve using technology
to create physical sensations, like vibrations or movements, to interact with users. This can
include using devices to simulate touch or movement in a virtual environment. Such advances
promote cautious sexual badgering, such as grasping someone in a virtual computerized world
or touching their virtual representation with a joystick5. Because this invention can mimic real-
life interactions, sexual ambush in these stages has worsened effects on the victim. In contrast to
previous case studies examining non-physical harassment in virtual environments, such as
those involving inappropriate comments and virtual gestures on platforms like Meta’s Horizon
Workrooms, developments in Immersive Virtual Reality (VR) enable client engagement via
avatar representations in a futuristic setting. Virtual haptic communications, which apply
restrictions, vibrations, or user movements to exploit users’ tactile senses, promote cautious
sexual badgering, such as grasping someone in a virtual world or touching their virtual
representation with a joystick. Because this technology can mimic real-life interactions, sexual
assault in these stages has worsened effects on the victim. Unlike the non-physical harassment
seen in platforms like Meta’s Horizon Workrooms, sexual harassment in these VR stages can be
both non-physical and physical.
The act of the perpetrator self-touching their claimed body and experiencing sexual pleasure in
front of others qualifies as coercive physical harassment6. The mental effect of TFGBV on
casualties can be significant, driving uneasiness, sadness, and post-traumatic impact on the
societal level, victims of online sexual savagery may confront confinement, disgrace, and hurt
in their individual and professional connections. These impacts highlight the critical
requirement for viable anticipation measures and bolster frameworks for these victims.
5 Soumen Mukherjee and Leslie Ramos Salazar, Scrutinizing Sexual Persecution in Digital Communication Through
the Field of Haptics (1st edn, Routledge 2022)
6 Ibid
306
JUS CORPUS LAW JOURNAL, VOL. 4, ISSUE 4, JUNE – AUGUST 2024
LEGITIMATE SYSTEM TO PUNISH ONLINE SEXUAL SAVAGERY: RELEVANCE OF
INDIAN AND INTERNATIONAL LAWS
Recently, discussing the arrangements against advanced sexual harassment as outlined in the
Indian legal system, it is imperative to provide a disclaimer on the applicability of the law; the
focus is on its relevance, not just its sufficiency. The Data Innovation Act of 2000 (the IT Act7 and
the Indian Penal Code of 1860 (IPC)8 have provisions that penalize specific acts of sexual
barbarism. The IPC9 includes sections such as 354A10, 354D11, and 50912, which address various
forms of harassment. Additionally, the IT Act encompasses sections 67A13, 67B14, and 67C15,
which cover offenses related to the electronic transmission of explicit content. Nevertheless,
experimental data is required to suggest that they are sufficient in predicting TFGBV.
Afterwards, the strategy used in this case would be to demonstrate an arrangement that,
although not exactly foreseeing the event, also secures the casualty in the unlikely event that
one of these events occurs unintentionally. A comparative analysis reveals that countries like
Australia and the UK have introduced specific laws targeting TFGBV. For instance, Australia’s
Enhancing Online Safety Act 201516 includes provisions to protect individuals from image-based
abuse. The UK has the Malicious Communications Act 198817, which addresses online
harassment. Recent developments in Indian law, such as proposed amendments to the IT Act18,
aim to strengthen protections against digital harassment, but the implementation and
enforcement of these laws remain critical challenges. In addition, worldwide collaboration and
sharing of the best hones can improve the adequacy of lawful to absolve or at least reduce the
presence of sexual offenders.
7 Information Technology Act 2000
8 Indian Penal Code 1860
9 Ibid
10 Indian Penal Code 1860, s 354A
11 Indian Penal Code 1860, s 354D
12 Indian Penal Code 1860, s 509
13 Information Technology Act 2000, s 67A
14 Information Technology Act 2000, s 67B
15 Information Technology Act 2000, s 67C
16 Enhancing Online Safety Act 2015
17 Malicious Communications Act 1988
18 Jan Vishwas (Amendment of Provisions) Act 2023
307
AZAD: DEVELOPING DIGITAL CONSENT TECHNOLOGIES TO ADDRESS TECHNOLOGY-FACILITATED….
According to Section 354C of the Indian Penal Code19, taking and disclosing a woman's private
photographs without her consent is illegal. This includes agreements about computerized
picture exchange. Assent to the taking of the photo but not sharing it does not function as blanket
consent, according to the arrangement's explanation, and dispersing the picture in this way may
be considered an offense under this section. A very narrow definition of ‘sexually expressed
activity’ emerges when one considers Section 66E of the IT Act20, which makes it illegal to take,
share, and distribute images of someone's private areas. The two situations in which this
definition can prevent acts of advanced voyeurism are a) increased reality, in which there is no
way to confirm that consent was obtained recently to take the picture; and b) images or
recordings in which a woman's private area isn’t visible but some scenes have explicit sexual
activity.
Section 354A of the IPC21 penalizes physical contact and advances that include unwanted and
explicit sexual recommendations, which are considered sexual badgering. This includes making
preparations for virtual reality sexual badgering. A detailed explanation of the legal framework
states that attacks in virtual reality settings are prohibited if they involve bodily contact. Under
the aforementioned arrangements, entrapment and advancement are criminalized. This does
not imply that ambush scenarios in virtual reality settings are entirely prohibited; rather, the
lack of ‘consent’ is what classifies such action as ‘Unwelcome’.
PLANNING AND FINDING ADVANCED ASSENT INSTRUMENT AS A PREVENTIVE
INSTRUMENT: COORDINATION OF LAW PLUS INNOVATION APPROACH-
The popular academic proposal is to update the legal framework to include provisions for
making sexual harassment in virtual reality environments illegal and to integrate innovative
safeguards against such incidents. Researchers in the field propose a novel technology to
safeguard against such situations. This innovation involves creating a virtual reality
environment where consent can be dynamically managed and continuously verified to prevent
any form of harassment. The system is designed to create a safer digital space by allowing real-
19 Indian Penal Code 1860, s 354C
20 Information Technology Act 2000, s 66E
21 Indian Penal Code 1860, s 354A
308
JUS CORPUS LAW JOURNAL, VOL. 4, ISSUE 4, JUNE – AUGUST 2024
time consent management, thereby preventing any traumatic experiences for the users. The two
jurisprudential hypotheses of assent that must be coordinated inside the framework to plan a
practical sexual assent innovation are:
• Assent must be flexible, and
• Assent must be verifiable.
The main objective is to eliminate the use of a ‘tick-box’ method for signifying consent. Instead,
consent should be an ongoing process, allowing individuals to withdraw it at any time
according to their choice. Additionally, the approach should clarify that obtaining consent does
not automatically imply permission for all related activities, especially in sensitive contexts. An
innovative solution should involve designing applications to support ongoing and dynamic
consent. For instance, similar to how users must hold down the record button on WhatsApp22
while capturing audio until they are satisfied with the recording, a strategy can be used for
online media sharing, allowing the person providing the data to be flexible in granting and
withholding consent. Achieving the implementation of indefinite consent mechanisms requires
a solid foundation and advanced creativity. Challenges include ensuring system reliability and
securely managing large volumes of data. This involves safeguarding sensitive information,
maintaining data integrity, and implementing robust security measures to handle and process
extensive datasets effectively. Client protection is a critical concern; therefore, consent
mechanisms must include strong data protection measures to prevent misuse and unauthorized
access. In addition, instruction and mindfulness campaigns are imperative in educating clients
about computerized assent and TFGBV. These activities empower individuals to make informed
decisions and understand the importance of consent in digital interactions.
The current strategy should include the verified documentation of consent in all relevant
practices. To reduce the likelihood of error, such as misunderstandings, miscommunications, or
failures to properly document consent, and to minimize sexual coercion, the innovation should
be designed to ensure that a clear exchange of consent is documented. , In this context, the law
and innovation strategy would involve using Artificial Intelligence and Machine Learning
22 Gupta (n 1)
309
AZAD: DEVELOPING DIGITAL CONSENT TECHNOLOGIES TO ADDRESS TECHNOLOGY-FACILITATED….
23technologies within the code of digital consent trading platforms to immediately detect the
sharing of sexual content. This would provide individuals with the option to opt out of such
conversations or to continue with them, with a clear disclosure that the application supports
authentic consent exchange. It would also reassure users that they can exit the conversation
whenever necessary. For instance, in a Direct Message exchange on Instagram, whenever a user
activates the silent mode, the other party to the conversation receives a notification that the other
user may not be informed of the message due to the activation of this mode. Similar disclaimers
can be made available on trading platforms.
Effective use of digital consent tools can benefit from partnerships between technology
companies, legal authorities, non-profit organizations, and education. For example, Facebook’s
work with the UK’s Justice Pornography Helpline led to the development of tools to prevent
non-consensual image sharing. Similar partnerships could improve the effectiveness of consent
technology and provide comprehensive feedback to victims24.
CONCLUSION
To conclude, innovation can sometimes be seen as a recurring factor that exacerbates sexual
violence. However, integrating the features of this exceptional technology can protect victims
from experiencing the trauma that follows such negative encounters. While TFGV has been
prevalent in India since the digital framework became widely accessible, there remains a need
for involvement at the academic, policy, and authorization levels to ensure that technology is
used to protect victims from the harm caused by the lack of positive consent exchange, sexual
restraint, and ignorance.
Moving forward, partners need to embrace and back advanced assent components effectively.
Future investigations ought to center on the viability of these innovations and the advancing
23Ibid
24David Wright, ‘Continuing the Global Efforts to Prevent Non-Consensual Intimate Image Sharing” (SWGfL, 30
November 2023) <https://swgfl.org.uk/magazine/continuing-the-global-efforts-to-prevent-non-consensual-
intimate-image-sharing/> accessed 15 June 2024
310
JUS CORPUS LAW JOURNAL, VOL. 4, ISSUE 4, JUNE – AUGUST 2024
nature of TFGBV. By fostering academic, policy, and regulatory engagements, we can protect
individuals from digital violence and create safe online environments for everyone.
Future investigations ought to investigate the mental impacts of ceaseless computerized assent
components and their viability in different social settings. By doing so, partners can customize
strategies that are sensitive to social nuances and broadly accepted. Empowering cross-
disciplinary collaboration among technologists, clinicians, lawful specialists, and sociologists
will cultivate a more all-encompassing approach to handling TFGBV.
311
