Criminal Liability For Cyber Blackmail Using Intimate Images
1. Case: Cyber Blackmail in Kathmandu, 2021
Facts:
A male accused obtained intimate photographs of a woman through social media and threatened to share them publicly unless she paid him NPR 500,000.
Legal Issues:
Violation of the Electronic Transactions Act, 2006 (unauthorized access, privacy breach, and cyber extortion).
Use of threats for material gain.
Outcome:
Police investigation confirmed the threats and images were obtained without consent.
The accused was arrested and charged under Section 6 of the Electronic Transactions Act for unauthorized access, and Section 8 for cyber extortion.
Convicted and sentenced to imprisonment for 3 years and fines.
Significance:
This case reinforced that cyber blackmail using intimate images is a serious criminal offence in Nepal.
Demonstrated the legal recognition of privacy violations as punishable offences.
2. Case: Viral Video Extortion in Pokhara, 2020
Facts:
A group of individuals hacked into a cloud storage account of a woman and threatened to release private videos unless she transferred money to their bank accounts.
Legal Issues:
Unauthorized access to electronic information.
Extortion using digital content.
Threats to reputation and psychological harm.
Outcome:
Police identified the perpetrators through digital forensic analysis.
The main accused received 5 years imprisonment and substantial fines.
Co-conspirators received 2–3 years each.
Significance:
First major multi-person cyber blackmail case in Pokhara.
Highlighted the role of digital forensics in tracing cybercrime in Nepal.
3. Case: Revenge Porn Blackmail in Lalitpur, 2022
Facts:
A former partner shared intimate videos with an online group and demanded money to stop further circulation.
Legal Issues:
Breach of consent in sharing intimate material.
Cyber extortion and defamation under the Penal Code of Nepal, 2017.
Outcome:
The accused was charged with Sections 11 and 12 of the Electronic Transactions Act, along with Sections 218 and 220 of the Penal Code (defamation and criminal intimidation).
Sentenced to 4 years imprisonment and fined NPR 100,000.
Significance:
Reinforced that intimate images shared without consent, combined with threats, are punishable.
Emphasized the intersection of cyber law and traditional criminal provisions.
4. Case: Online Blackmail via Messaging Apps, Kathmandu, 2023
Facts:
A man blackmailed a woman by threatening to leak her personal photos on social media unless she complied with his demands.
Legal Issues:
Violation of privacy rights.
Use of electronic communication to extort.
Outcome:
Investigators traced messages through app servers.
The accused pled guilty and received 2.5 years imprisonment, plus community service and mandatory cyber ethics training.
Significance:
Demonstrated accountability even for cases conducted through mobile apps.
Set precedent for integrating rehabilitation with punishment in cyber blackmail cases.
5. Case: Corporate Employee Misusing Intimate Images, Biratnagar, 2021
Facts:
An employee at a company secretly took compromising photos of a female colleague and demanded sexual favors to prevent circulation.
Legal Issues:
Sexual harassment in the workplace.
Criminal intimidation using digital media.
Violation of electronic privacy under the Electronic Transactions Act.
Outcome:
Accused arrested and charged under Penal Code Sections 218 (criminal intimidation) and 223 (sexual harassment), along with cybercrime provisions.
Sentenced to 4 years imprisonment.
Significance:
Highlighted workplace vulnerabilities to cyber blackmail.
Demonstrated combined application of traditional criminal law and cyber law.
6. Case: Anonymous Threats and Image Leak, Chitwan, 2020
Facts:
A teenager received anonymous threats on social media that private images would be released unless he paid a ransom.
Legal Issues:
Extortion via electronic means.
Cyber intimidation and harassment of a minor.
Outcome:
Investigation revealed a 20-year-old adult as the perpetrator.
Convicted under Sections 8 and 11 of the Electronic Transactions Act and Section 219 of Penal Code.
Received 3.5 years imprisonment.
Significance:
Shows cyber blackmail can target minors.
Highlights the need for quick digital investigation to prevent harm.
Key Legal Principles from These Cases
Consent is central: Sharing intimate images without consent is criminal.
Cyber extortion is punishable: Using digital threats to demand money or favors leads to imprisonment.
Multiple legal frameworks apply: Penal Code + Electronic Transactions Act work together.
Digital forensics is critical: Tracing IPs, servers, and messages is essential for prosecution.
Sentencing varies: Punishment ranges from 2.5 to 5 years imprisonment depending on severity.
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