DISCLOSURE OF INDECENT PHOTOS

Published by The Daily Star on 28th August, 2010 (Link Above)

This week your advocate is Barrister Omar Khan Joy of the Supreme Court of Bangladesh and Head of ‘The Legal Counsel’. His professional interests include commercial law, corporate law, family law, land law, constitutional law, banking law, arbitration and intellectual property laws. Our civil and criminal law experts from reputed law chambers will provide the legal summary advice.

Reader’s query
I have been in a serious relationship with a person for five years. We were supposed to get married but due to some unavoidable circumstances we broke up. He has some personal photographs and videos, which were made while we were going out. Now after the break up he has posted my photos and videos all over the Internet, including facebook and two other websites I know of. Please help me. He has absolutely destroyed my reputation and I am extremely depressed and angry. He had no right to do that. Please give me a solution as soon as possible.
Broken
Dhanmondi, Dhaka

Response
I am really sorry to know about the unwanted sufferings that you are currently going through. I understand that your ex- boyfriend is tarnishing your reputation by way of publishing your intimate photos and videos in the web. I must admit that it is not really a very easy matter for me to address, as the theoretical solution and the reality may not match. From a legal point of view, you certainly have legal remedies. By acting in the way you have described, your former boyfriend have violated many provisions of the Penal Code of Bangladesh meaning that he has apparently committed many crimes. Consequently, you may decide to file a criminal case against him and compel him to face the trial at court. If your allegations are provided, he is likely to face imprisonment. Alternatively, you may seek assistance from the law enforcing agencies, like police and also from RAB by way of filing General Diary to the police and then further complain to the RAB. We would love to believe that the personnel from the law enforcing agencies will act fairly and professionally to help you out of the misery (and will not put you into further nuisance!)

However, though you have every right to file a case, it may not always be the best solution! I understand that in our social circumstances, filing the case or even sometime involving the police may put you into further social trouble. This is very sad but very true. Consequently, to think in a more practical way, you should immediately sit with him along with a mediator, who may be one of your close and common friends. You should ask him to remove the posted photographs and videos. Using a common friend is always a good way of dealing with such situations. If this does not work, you should notify your parents to handle the matter. Remember that your parents are always your best friend and they are there to rescue you from the distress. They may be able to talk to the boy and he may then realize the gravity of his activities and may decide to act rationally. The option of going to the court is always open, but I always prefer this only as the last resort.

Meanwhile, you may try to report to the facebook administrator about the matter and request them to block the account containing the photographs. Similarly, you may try with the administrators of the other websites as well.

Though it is now too late for you, but I must say that prevention is better than cure. So, you should not have done something that could possibly put your reputation into serious jeopardy. Though this writing, I specially warn the teenagers to be aware of what they are doing. I hope that my advice will help you to tackle this problem.