Non-Consensual Distribution of Intimate Images

Trigger warning: This article discusses Image-Based Sexual Abuse, also more commonly referred to as revenge porn. We explore why this term is problematic in the FAQs below. This web documentary provides a real-life example that may evoke discomfort in readers.

I was 12 years old. It was a Saturday evening. I was alone in my cousin’s room.

Furrowed eyebrows, my face lit by the bright monitor.
I kept the cursor at rest in the right corner,
while I kept an eye over the door.

Outside, my uncles, aunts, and cousins were talking over each other, defeating a high-pitched Tamizh movie screening on TV. My heart was beating so loud, I kept looking over to make sure they didn’t notice my mischieve.

I scrolled over the images several times.
It was an email in my aunt’s account.

Leaving my manners behind,
I kept digging through her inbox for similar threads.

For a brief moment, I gave in to the sensation of warm moist swelling up between my legs. Too late to feel ashamed now.

My aunt had shown it to all of us earlier,
but I wanted to see it again.

Take my time with it.

The only female amongst my cousins, I was always particularly warned to be careful. About everything.

“Because you’re a girl”
was enough to shut any provocation I started. This time I was reminded to be careful in public toilets and changing rooms.

“Always look out for hidden cameras..”

Part one of the web documentary about Malaysian women’s experience with the non-consensual distribution of intimate images.

Episode 1

Little was I aware,
a deep anxiety was planted in me that day.

Even in spaces of privacy, I learnt as a woman
I could never let my guard down.

“Is this you in this video?”

This time I’m in college. Photos of my college mate deliriously drunk, making out with her boyfriend were spread.

Part two of the web documentary on first hand account of non-consensual distribution of intimate images.

Episode 2

Her alcohol audacity showed through the camera. Everyone on her contact list received it, including our lecturers.

No one heard a word about the criminal.

This person deliberately hacked her email, found these photos on her drive, and maliciously sent it out to her contacts in the motivation to humiliate her.

She lost her scholarship eventually. She continued her education in another college. No one even knows the name of her perpetrator.

Episode 3

Episode 3

Blistered dignity seems to rest on the exposure of our skin.
Never mind the invisible violence, like a callous that never goes away; she could be you and me any other day.

Watch this Web Documentary
“I Didn’t Think I Was Able to Come Out of It”

“A bold new art project addressing female body politics.”
— The Star Malaysia

“An art project that’s truly inclusive.”
— Varnam Malaysia

“Art that made waves across the world.”
— BFM Radio Station 89.9

“It takes a
community to produce such work”

  • Photography and video documentation by Mathubalan Gunosegaran. Web documentary conceptualization and editing by Thinakkaran Thamilchelvan.

  • This web documentary series received support from Krishen-Jit ASTRO Fund, INXO Art Fund and Project Dialog.

  • More than 50 women applied to tell their stories in art and 30 women were short-listed for their skin to be adorned as the canvas for this project. Many others engaged online by sharing and commenting, with collective views of up to 200,000, and still counting.

    Watch Episode 3 to see the names of the public who donated to continuously support the development of this web documentary series.

FAQs

What is meant by non-consensual distribution of intimate images?

Let’s break it down. Non-consensual means there was no permission given. Distribution refers to uploading and sharing where a larger audience can get access to it in the digital space. Intimate images refer to photos taken in privacy, often involving some form of nudity and sexuality.

In short, sharing private photos without the approval of the person involved.

Isn’t everyone else just calling it “revenge porn”?

Well, it’s more complex than that.

“The definition of revenge is someone doing something to you because you’ve done something to them – it implies the victim must have done something to deserve this,” explains Lauran Evans when she found topless photos of her 14-year-old self although she never uploaded them on the internet.

Pornography’s definition according to Merriam-Webster, originates from the Greek word pornographos (“writing about prostitutes”) and referred to content designed to evoke sexual arousal. Others add that the images are made for the purpose of public consumption and amusement.

Language is powerful. “Revenge porn” perpetuates victim-blaming.

Does Malaysian Law consider this a crime?

“If your ex leaks your nudes, can you sue them under Malaysian law?” explores AskLegal.my website. According to Thomas Phillip Advocates & Solicitors, yes you can initiate legal proceedings against the perpetrator, the civil route for invasion of privacy, and criminal law.

A Telegram group in Kuala Lumpur, called "V2K" which was used to share private images and information of women without their consent had some 30-40 thousand members - disguised the country with such news in 2020. Read the All Women’s Action Society (AWAM) press statement here about the urgency to take severe action against these perpetrators.

Was anyone brought to justice?

Considering that the Anti-Sexual Harassment Bill took two decades to pass in the Malaysian Parliament and although already passed in 2021, it is yet to be implemented. Because the police force and justice system in Malaysia are inherently patriarchal, victim-blaming is rampant.

Here are some tips from the Malaysian Centre for Constitutionalism and Human Rights (MCCHR) in the cyber harassment toolkit for survivors with especially helpful tips in dealing with law enforcers.

What can we do?

Lee Min Hui writes in her article that “effective action needs to begin at the highest levels of policymaking before it can cascade down.” But Malaysia isn’t new to such laws and frameworks.

”26 years ago the Malaysian government made a legally binding commitment to protecting, fulfilling and respecting women’s human rights when it ratified the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1995. However, almost three decades later, the commitments towards gender equality remain on paper and have yet to be achieved.”

”Issues faced by women prior to 1995 are still as relevant as they are now” as explained in the Malaysian Women’s Tribunal.

In the legal websites giving advice on laws about non-consensual distribution of intimate images linked above, the concluding “advice” given is that prevention is better than cure. Meaning that women shouldn’t engage, or experiment with taking photos of themselves in a sexually empowering pose.

I don’t understand why for a woman, embracing the inherent flirtatious part of herself and being seen by the world in that image, is wrong. It is also wildly ironic with social media sites promoting #ThirstTraps and rampant articles such as:

Society often gives mixed signals on what’s appropriate and acceptable in ways a woman can and should behave. It is justified to suppress a woman’s self-expression of her sexuality, yet we still use sex to sell.

“It’s so weird—I put up a sexy photo and everyone freaks out. I’m still trying to figure out what it means”, shares sex-positive artist Leah Schrager on the selfie culture. In Kuala Lumpur, most art galleries deny artists a space for sexual exploration; making it wrong to initiate sensuality but generally acceptable to be subject to crime.

As an artist, the only way I can continue advocating for women’s rights is by creating awareness. I believe it is now more important than ever for men to educate themselves, stand up and hold their peers accountable - that non-consensual distribution of intimate images is destructive in every sense.

What action women can take if their personal images and data have been shared without their consent?

Serene Lim from KRYSS Network weighs in on the issue on The Business Station.

Next

Collage Journal: Observing the Language of Our Bodies