Since the Internet, instant messaging programs and social networks have popularized in half the world, there is an increasingly common practice, especially among young people: the second sending intimate photos through this type of platforms.
The practice is totally lawful, but sometimes it can lead to various crimes, such as cases in which the photos sent go beyond where they should, that is, when the receiver of a photo breaches the private shipment of the same and disseminates it.Or even when third parties, totally oblivious to the original exchange, receive this photo and forward it or, as little, store it on their phone or computer.
That is why there are more and more institutions both public and private that care about the possible collateral (and often criminal) effects that derive from this type of practices: not only the National Police or the Civil Guard, but also other platformsAs online or sexting protection they seek to raise awareness about this practice.
If you are involved in a sexting exercise, you should know that you have rights and obligations;If you are not but you receive this material, too.These councils are a compilation of the guidelines offered.
If you are the affected person
0.- You are not blamed for anything.This is the most important element of all: if you have sent intimate photos to another person and your photos have ended in other hands, it is vital that, above all, it is clear that you are not guilty, but a victim.The phrases that you will hear of the type "Why did you send those photos", "you don't have to be so distrustful" or "the fault is yours for sending that" will be frequent, but they do not have any social or legal validity type.That is clear to you: you are totally free to send photos to whoever you want: if those photos end at another destination, the culprit will be only the one who has directly caused that situation.
1.- Avoid who you don't know.If you send intimate photos to anyone, do not forget it: you are in your perfect right.However, if you want to take some precautions, we recommend that, in sending your photos, try to avoid those people you don't know.That you do not know a person does not mean that it is less reliable, in the same way that an acquaintance does not have to be more, but at the outset this filter can be moderately useful.
two.- Encrypt the photos.If you send your photos at a certain moment or conditions, you may overlook certain measures to prevention of your privacy, but it is only necessary to take them into account.It is always advisable to encrypt your photos so that they are not easily spreadable.Another option is that you send the photos through applications that will delete that content within a few seconds.
3.- Avoid identifiable parts.If you send a photo but you have a minimum suspicion (or even if you do not have it), it is advisable that, as far as possible, you avoid photographing those parts of your body that are easily identifiable.The best example is that of your face, but it is not the only one: tattoos, lunar slopes or other physical.
4.- Do not give to blackmail.If you discover that your recipient has forwarded the photo or considers doing so, do not give in any kind of blackmail.That nobody deceives you: even if you send that photo, your recipient cannot spread it in any ways.If he does, he will be committing a crime.If you feel threatened or blackmailed, go to a police station or come into contact with the Civil Guard Telematic Crimes Group.
If you spread images of a second person
5.- Eye with the request.If you are maintaining a conversation or exchange of sexual material with another person, a lot of eye with your requests for intimate material: if you incur some kind of threat or blackmail to ask or obtain that material, you will have to take them to a judge.
6.- Do not spread anything.If you have decided to spread an intimate photo that someone has sent you without consent, it seems obvious that the moral issue matters to you a little, so we are going to talk to you about the legal issue. Hasta el 1 de julio de two015, reenviar fotos íntimas de la persona que te las había mandado de manera voluntaria no era delito, pero ahora sí lo es.According to article 197.7 of the new Criminal Code, “It will be punished with a prison sentence of three months to one year or fine of six to twelve months who, without authorization of the person affected, disseminates, reveals or yields to third parties Images or audiovisual recordings of thatthat he would have obtained with his consent at an address or anywhere else outside the reach of third parties's gaze ”.What does this mean?That it gives exactly like you did a photo or receive it in a consensual way: if you spread that photo, you will be committing a serious crime.
7.- Don't teach them anyone.That is clear to you: Not only can you not send the photos that someone has sent you, you can not show them by showing another person the screen of your mobile phone or your computer.The Spanish Civil Code is very broad in terms of image protection, so you will be violating several civil rights of the affected person.
8.- If you ask you to delete, drill.There may be many reasons why a person who let himself be photographed or sent intimate material asks you to delete it: that you were a couple and the relationship is over, that he has stopped trusting you, that he has regretted...The reasons are the least: if that person asks you to delete the content, to get it out.Spot.It gives exactly the same as at the time I gave you its consent, since now it has denied it to you, so delete that material.If you do not, attentive to the consequences.
If you receive third -party material
9.- Don't spread it.Imagine that one day, suddenly, in your group of friends someone sends an intimate or naked photo of another person, even someone you do not know at all.If you receive it, we will not ask you not to laugh the grace: also that you do not spread it.If the first diffusion of that material has been carried out committing a crime, you will be collaborating with said crime.
10.- Delete the picture.If you have decided not to spread the photo you have received, there is one more thing you should do: delete it from your device.Storing this content is not only illegal, but also, if it turns out that said person is a minor for the legislation, you will be collaborating in child pornography tenure.It doesn't matter if you have not taken that photo, that the affected person does not send it to you or even that you totally do.In addition, we recommend that you go to the Civil Guard to denounce the circulation of that material.