HUMAN RIGHTS IN THE DIGITAL ERA: SAFEGUARDING THE RIGHT TO PRIVACY AGAINST PORN TRADERS

Abstract

The designation/characterization of the genitals as “private parts” epitomizes the profound sense of decency, modesty, and sanctity historically ascribed to them within human societies. While the inadvertent or contextual exposure of other regions of the body may be socially excused or culturally permissible; the deliberate revelation of the genitals has traditionally been regarded as an act of grave indecorum. This stringent reservation is not arbitrary but deeply embedded within the moral and ethical frameworks that govern communal life. It reflects an enduring reverence for bodily integrity and a collective commitment to preserving sexual propriety as a cornerstone of social morality and cultural identity. This article undertakes an examination of the multifaceted impact of digitalization on the privacy rights of individuals and assesses the extent to which existing legal and regulatory frameworks ensure compliance and protection. The analysis reveals a troubling normalization of sexual privacy violations in the digital sphere, where such transgressions have, in many instances, evolved into a form of economic exploitation. Increasingly, individuals illicitly obtain and disseminate intimate images or videos, weaponizing them as instruments of coercion and blackmail for financial gain. This phenomenon not only undermines personal dignity and autonomy but also exposes the inadequacies of contemporary legal mechanisms in addressing the complexities of digital sexual exploitation. A doctrinal approach of research was adopted and based on its findings, it was recommended among others that in addition to the criminalization of non-consensual porn trading, confiscating and recovering any proceeds made from it and possibly be directed to compensate victims for the emotional, social, and financial harm caused by the unlawful sharing or sale of their images. This is based on the principle that no one should profit from a crime.