Non-consensual disseminations of intimate images

Definition & description

Non-consensual dissemination of intimate images (NCII) is widely known as “revenge porn”, which is often associated with the act of an ex-partner disseminating sexually explicit photos/videos non-consensually on digital platforms as an act of vengeance or rage towards the victim. The term “revenge porn” is misleading as it does not reflect the true motivation, nature, and harms of the act. This is because the term implies three misleading notions:-

Firstly, it implies that it is only applicable to former partners, which is inaccurate. Anybody can be a victim of this act.

Secondly, it implies that in order to be a victim of said ‘revenge porn’, one must have committed some fault as it is an act of ‘revenge’ after all. In a sense, it makes people believe that victims actually ‘had it coming’ and victim-blame them for its occurrence.

Lastly, the usage of the term “porn” implies that the victim's nudity is a form of content to be consumed for one's sexual gratification.

Thus, many have called for the term ‘revenge porn’ to be replaced with the term “non-consensual dissemination of intimate images (NCII)”. NCII happens when an intimate image(s) or video(s) of a person is disseminated and/or published without the consent of the individuals in those images or videos. NCII can happen even if the victim had consented to the taking or making of the intimate images/videos. However, the most important point to note is that they NEVER CONSENTED for their photos/videos to be shared with others or on public platforms.

NCII is considered to be a violation of a person's bodily autonomy and right to privacy in which they lose agency over who gets to see their intimate photos or videos. It is committed for a variety of reasons which include financial extortion, voyeuristic desire, sadistic tendencies, peer pressure or subjecting the victim to public shaming.

Incident responses: What do I do?

Documenting it. Before making a report (whether it is to the digital platforms or the authorities), it is important to document what has taken place. It should be noted that this can be overwhelming, and it is okay if you are not up for it. We recommend that you get loved ones whom you can trust to help you.

Reporting it. If it has been posted on social media platforms, almost every social media platform and online platform has its own reporting tools for consumers to file reports against violating contents. Find out more on reporting to social media here. Reporting is a significant step that you can take when you come across a non-consensual image being shared online—you can do so whether you are the victim or an ally.

Reporting it to police or MCMC. Dissemination of intimate images is an offence in Malaysia, yet it remained largely underreported. It is understandable that you do not feel safe coming forward to the authorities. If you do decide to make a report, we hope the information on this page will help you.

Our Malaysian Communication and Multimedia Commission has a complaint form where they are able to assess when content is not aligned with their policy (Posting ‘obscene’ content is against MCMC’s guidelines) and they can request the social media platforms to take it down. You may find the complaint form here.

NOTE: Reporting may be seen as a simple step to most, however, for victims it may be a difficult task to do, and it is completely okay. The most important thing is to avoid the retraumatisation of victims. If you feel this is a heavy process to do, we recommend reaching out to someone you trust to help you.

Self-care. It is completely understandable if you are affected mentally, emotionally, or physically by the online gender-based violence experienced. Remember, it is not your fault and they should not have disseminated your photo and harmed you. Taking a time off or regular breaks from the digital space also helps. Talk to a trusted someone and ask for help if you need it. And, if you feel strongly about speaking up, you have the complete agency to decide how you would like to do so. Seeking professional mental health care can also make a big difference, especially if you get to a point where you feel hopeless or paralyzed by fear, talk about your abuse obsessively, struggle to enjoy things, or have difficulty eating or sleeping. Find out more on how to prioritise your well-being here.

Laws in Malaysia on non-consensual dissemination of intimate images

Section 233 of the Communications and Multimedia renders it an offence when a person makes, creates, or solicits any content that is obscene, indecent, false, menacing, or offensive in character with intent to annoy, abuse, threaten or harass another person.

Section 509 of the Penal Code asserts any person who insults the modesty of any woman by word, through sound, gesture or exhibits any object intentionally, shall be punished for a term which may extend to five years or be fined or both. Victims of non-consensual dissemination of intimate images are protected by the provision.