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Sri Lankan ‘sextortion’: Technology’s dark and dirty power play

22 Mar 2021

Information and communications technology (ICT) is ever-evolving and is a staple part of the modern world. While ICT has contributed to massive progress on many fronts, the abuse use of the same has led to a large number of social ills, including but not limited to sexual harassment. The term “sextortion” is rather new to Sri Lanka. However, incidents amounting to sextortion are not at all new. Sri Lanka has seen various forms of sextortion, which is closely associated with online harassment, over the past few years, and it became a topic of discussion last week after a woman was reported to have died by suicide as a result of sextortion.  Today’s Spotlight focuses on Sri Lanka’s situation concerning sextortion and what practical issues need to be addressed to prevent and address such incidents.   What is sextortion?   In the 2018 report of United Nations (UN) Special Rapporteur on violence against women, its causes, and consequences Dubravka Šimonović, the term “sextortion” refers the use of ICT to blackmail a victim where the perpetrator threatens to release intimate pictures of the victim in order to extort additional explicit photos, videos, sexual acts, or sex from the victim. In the report, the UN Special Rapporteur further describes online violence against women as “any act of gender-based violence against women that is committed, assisted, or aggravated in part or fully by the use of ICT, such as mobile phones and smartphones, the internet, social media platforms or email against a woman because she is a woman, or affects women disproportionately”. However, there are several definitions about the concept of sextortion, which sometimes do not involve an ICT aspect, and emphasise the power gap between the perpetrator and the victim. Researchers and sociologists describe sextortion as an abuse of power, which was between the concerned parties in the first place or was gained after the perpetrator obtained the sensitive contents which are being used to extort sexual favours from the victim. Meanwhile, Nelumyaya Foundation Programme Director and trainer on gender and law, Attorney-at-Law Radika Gunaratne added that incidents amounting to sextortion or blackmail can be prevented mainly through the law, adding that, however, in the existing legal system, there is a lack of complaints being filed pertaining to crimes, especially when it comes to crimes against those who possess less power in a relationship. She emphasised that the victim does not always have to be a woman, and that the victim can be any person of any gender who is less powerful than the other party. Speaking with The Morning, she said: “Even in a homosexual relationship, in which both persons are of the same gender, the person who is less powerful than the other person could be the victim. So this has more to do with power than gender. When they are victimised, they become further powerless in the current system. These issues exist as open secrets, hidden truths. There should be a proper support system.” She emphasised that online harassments and offline harassments are interlinked, as the impacts of online harassments affect people offline.   Law and society   Gunaratne said that in addition to legal issues, there are a number of practical issues that hinder victims of sextortion seeking justice in Sri Lanka. She added that the main issue in Sri Lanka is that there is no clear and specific legal framework to deal with such incidents, even though action can be taken after filing a complaint under various other laws such as laws relating to women’s protection. One of the practical issues in this regard, according to Gunaratne, is that when addressing issues pertaining to cybercrimes, evidence is necessary to prove that the blackmailing has occurred. She added that law-enforcement agencies, as the first and main institution the victims of sextortion seek assistance from, should be sensitive and sensitised on dealing with the victims and their issues. She added that she had personally witnessed “victim blaming” happening at these institutions, when women go to file complaints with regard to such incidents. She said: “Putting the blame on the victim (in this case, women) and advising them about their behaviours happens in Sri Lanka in various settings. This is mainly caused by gender stereotyping that exists in Sri Lanka; the ‘double victimisation’ that occurs discourages victims from seeking legal assistance. Also, this, in a way, makes the perpetrators more powerful, which in turn encourages them to continue such wrongdoings.  “Also, there is a certain pressure from society. For example, in the above-mentioned incident, a woman died by suicide because she had no support systems to deal with the situation. Again, in such incidents, the public’s opinion is extremely negative and involves victim blaming. Not only in these types of incidents, but also in a lot of various other incidents, it’s the victim who is usually blamed. Also, sometimes, when such incidents take place, society is concerned about the so-called ‘morality’ in Sri Lanka.” Speaking of the legal reforms in this connection, Gunaratne added that people’s attitudes as well as the practical implementation of the laws should change, in addition to legal reforms. She also said that there is a plan to propose amendments to the Penal Code pertaining to revenge porn, but added that it is too early to say what the practical results (after the law reforms) would be, without addressing the issues in the existing support systems, because sensitisation is necessary and Sri Lanka has issues when it comes to implementing the laws. She also added that in some cases, lack of evidence has hindered the victims from seeking and sometimes from getting  proper legal assistance, emphasising that it is important that people keep every piece of evidence regardless of how the blackmailing happens, be it offline or online. She noted that any victim has the right to seek legal assistance, and that the general public should also be aware of their rights. She stressed that it is more important to adopt preventive measures than dealing with the issue once an incident has taken place. She cautioned that people should also be careful when in a relationship and be vigilant about warning signs when the other party is trying to take advantage of them. She noted that if there is evidence and legal representation, there is an opportunity to get proper legal support, adding that according to Sri Lanka’s criminal justice system, the initial complaint is usually filed at the Police, who do not have a proper scientific training on these types of incidents. She also said that even though Sri Lanka has cybercrime laws, they are more focused on bigger incidents such as financial cybercrimes, and that gender-related crimes are usually referred to the Police.  Meanwhile, a report published by the Centre for Policy Alternatives (CPA), titled “Legal Reform to Combat Sexual and Gender-Based Violence”, under its section on “Online Sexual Violence”, underscored that in the event a victim is asked to provide any “property or valuable security or anything signed or sealed” in exchange for preventing such image or video being published, such action would amount to extortion under the Penal Code. It adds that this, however, is unlikely to cover situations in which the victim is blackmailed into staying in a relationship with or performing sexual acts with the offender. “If a woman in intimidated with the threat of releasing their nude photographs and thus coerced into intercourse with a man, it may amount to rape as per Section 363(b) of the Penal Code; ‘with her consent, when her consent has been obtained by use of force or intimidation’,” the report’s author Khyati Wikramanayake said, adding that the law, however, only recognises women as victims of rape, and thus this protection does not extend to other genders. The report also added that if it is a sexual act which does not amount to rape (i.e. is not penile penetration of the vagina), it may be categorised as grave sexual abuse under Section 365B(b) of the Penal Code, and that this is an offence that does not limit the categories of potential victims based on gender, but carries a lesser sentence. Speaking of the legal background in this connection, the report also said that Sri Lankan law does not recognise the right to privacy, either as a constitutionally guaranteed right or as an act which attracts penal consequences if violated. It added that the sharing of non-consensual pornography, however, is, in essence, a violation of the victim’s privacy, as it publicises an intimate part of the victim’s life which was intended to be kept private, and that the lack of recognition of this important protection is a lacuna in the country’s laws. The report also said there are a few international legal provisions that address sextortion, adding that: “The Scottish law on the non-consensual distribution of intimate images or videos would extend to criminalising an act of sextortion as well, as it is sufficient that the offender threatens to disclose an image or video for the offence to have been committed. However, the act that is criminalised would be, in fact, the act of threatening to disclose the image, and not the act of extorting something in return, which is a separate offence.”  In order to address incidents of sextortion more effectively and efficiently, the report recommends that a criminal offence on sextortion must be introduced, which is separate to that of non-consensual distribution of intimate images or videos, and which is wide enough to cover the perpetrator using the threat of releasing sexually compromising information, images, or videos, in order to extort sexual images or videos from the victim; make the victim do an act or refrain from doing an act; or extort some other material or monetary benefit from the victim. The report suggests that the proposed law should be a law that can be brought in through the introduction of a new section in the Penal Code, or through the amendment of the existing provision on extortion, making it wide enough to cover instances of sextortion. Also, it suggests that the proposed law should specify that acts the victim is threatened into doing can range from intercourse and other sexual acts to staying in a relationship with the perpetrator, or not reporting the perpetrator for some criminal act committed by the perpetrator.   ICT and sextortion   Even though incidents of sextortion can happen completely physically, at present, most such incidents take place via online platforms or mobile phones. To look into the ICT aspect of this issue, The Morning spoke to Information Technology Society of Sri Lanka (ITSSL) Chairman Rajeev Yasiru Kuruwitage Mathew, who stated that in addition to consensual sharing of photos and videos of a sensitive nature, there are several other ways abusers can get their hands on such content, which may later be used to blackmail their owners. ITSSL Chairman Mathew said that even though abusers use many modern technology-based methods – hacking computers and social media accounts being the most common – in the Sri Lankan context, there is no adequate data to suggest that those methods are considerably used in the island. He added that as far as technology-based methods are concerned, the most prevalent methods in Sri Lanka are screen recording (used during live videos and video chats) and obtaining intimate photos and videos from mobile phones. He added that young people, such as teenagers and schoolchildren, are more prone to these kinds of incidents, and that in a lot of cases, those who fall victim to these abusers are those who frequently post photos and videos on social media and share such content on mobile communication apps such as WhatsApp. According to Mathew, in addition to technology-based methods, the most common way through which abusers obtain sensitive photos and videos (of their victims) is through consensual sharing of the same. He added that young people, when in a relationship, tend to share such content with their partner, which may later be used by either their partner after a breakup, or other individuals with malicious intent who have access to the social media accounts or mobile phone of those (partners) with whom such content was shared consensually. In addition to refraining from sharing intimate photos and videos with others, which Mathew said was the best way to protect victims from abusers, young people should be cautious when giving their mobile phones to their friends and repair centres. He added that giving access to such persons is how the abusers get their hands on sensitive and private data most of the time. He said that as a precaution, people should always try to give their phone to authorised mobile agents and remove sensitive and private data before handing over the phone to them. Speaking of building romantic/sexual relationships through social media platforms, Mathew added: “Building relationships through social media platforms with strangers leads to huge issues and damage, because the two parties do not really know each other. A relationship should start after verifying the identity of both parties. Sometimes, people build relationships with individuals they get to know on social media platforms, and share their intimate photos and videos. Once the relationship is over, sometimes, one party may post the other’s sensitive photos and videos. These incidents usually happen because one party feels the need to take revenge after a breakup. Sometimes, they do such things out of sudden impulse.” He went on to stress that when it comes to addressing issues such as online sexual harassment, especially sextortion, it is not possible to rely solely on technology-based security measures, and that people who use technology should also be prudent regarding how they use the technology. He explained: “Even though we teach basic ICT skills to schoolchildren under the existing curriculum, we hardly teach children about the safe use of the internet and other ICT-related ethics. We should teach our children that using someone else’s data without their prior consent is unethical and may also amount to a criminal offence. Due to the lack of education about ethics and safe use of the internet, sometimes, those who do share others’ sensitive photos and videos may not even be aware of the gravity and repercussions of their actions. So, in addition to ICT skills, the legal and ethical background in that regard should also receive the authorities’ attention. In this context, there is a pressing need to teach young people about how to use the internet, especially social media platforms, in a harmless manner, while making the best use of it.” He said that smartphones and apps feature various precautionary methods to save one’s data, adding that: “A lot of smartphones feature protected and/or locked folders, which require a person to enter a password. Even if someone copies that folder or steals the phone, they cannot access the folder without the password. They are safe because not everyone knows how to open such folders. Also, some phones also give the option of hiding content. In addition, some apps such as WhatsApp offer various advanced security measures such as allowing the opening of the app with biometric authentication. Even if someone steals the phone, they cannot access the chats. People should be aware of these simple but useful features and use them.” Attempts by The Morning to contact the Police Children and Women Bureau to inquire about sextortion in Sri Lanka proved futile. Too much and too little of anything is not good, and embracing what is necessary, to the right extent, is a skill people should master. While it has become almost impossible to live without ICT-related services and products in this day and age, there is a need to be vigilant when using these services and products, as what we see and hear may not be the reality, and how people present themselves on social media platforms may not be what they actually are. Let us use technology, and not be a victim of technology.   This article discusses an incident where a woman died by suicide. If you feel that you or someone you know may be dealing with mental health issues and/or suicidal thoughts, the following institutions would assist you to deal with it.   The National Institute of Mental Health: 1926 Sri Lanka Sumithrayo: 0112 682 535 Shanthi Maargam: 0717 639 898 Courage Compassion Commitment (CCC) Foundation: 1333


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