05 Sep Sextortion: A Growing Threat To Online Safety And Well-Being
Introduction
Sextortion is a deeply insidious form of blackmail, which has emerged as a growing threat in our digital age. It preys on victims’ vulnerabilities and sometimes traps them in silence and submission. It has therefore become crucial to shed light on the realities of sextortion and offer insights, resources, and support to those affected. This awareness will help prevent others from falling into its devastating grasp. This blog post discusses the scope of sextortion, the Ghanaian legislation on sextortion, and the ways to prevent sextortion.
What is Sextortion?
Sexual Extortion is a form of exploitation and blackmail where the perpetrator demands sexual favours, money or other benefits under the threat of sharing intimate or sexually explicit materials.[1]
Sextortion, as defined by the International Association of Women Judges (IAWJ), is a form of sexual exploitation and corruption where sexual favours are extorted by those often in a position of power in exchange for granting or withholding something.[2]
How Sextortion Works
Sextortion typically begins with the acquisition of sensitive materials through deceit, manipulation, hacking, or secret recording.[3] Once in possession of these materials, the perpetrator threatens to expose them publicly unless the victim meets additional demands, such as providing more explicit content or paying a sum of money.[4] This tactic allows the perpetrator to exert control over the victim through threats of public exposure and psychological manipulation.[5]
Sextortion is rampant on social media platforms like Facebook, Instagram, Snapchat; messaging apps like WhatsApp, Telegram; online dating sites; and emails, where perpetrators exploit the vulnerability of users to carry out their schemes.
In a press release dated July 31, 2024, the Cyber Security Authority (CSA) reported that Ghana recorded 226 reported cases of sextortion in the first half of 2024, with 141 of these cases occurring between March and June alone.[6] The CSA further reported that this cybercrime has resulted in financial losses amounting to GH₵ 112,209.[7]
A survey conducted in the United States of America by the Bedbible Research Center revealed that the highest percentage of sextortion victims are individuals over 60 years old, accounting for 32% of cases. Following closely are individuals aged 50-59 years, representing 16%. In third place are individuals aged 30-49, also at 15%. Those under 20 years come in fourth with 12%, and lastly, individuals aged 20-29 rank fifth with 10%.[8]
Impact of Sextortion on Victims
The impact of sextortion can be severe and multifaceted, affecting victims on various levels:
- Psychological: Victims often experience anxiety from constant fear of their intimate images being released, which can lead to depression or Post-Traumatic Stress Disorder (PTSD), as a result of the stress and fear of public humiliation and violation of privacy.[9]
- Social: The public distribution of sexually explicit content can lead to stigma and isolation from fear of judgment, and humiliation from public ridicule.[10]
- Emotional: Victims frequently endure feelings of shame and sorrow due to internalized guilt.[11]
- Physical: The intense stress from these experiences can lead to self-harm or worse, suicide. This is as a result of the combined effects of social, emotional, and mental distress.[12]
- Legal: Victims may face legal consequences if explicit content involves minors.[13]
- Financial: The victim also faces financial loss due to the constant demand of money.[14]
Ghanaian Law on Sextortion
The Cybersecurity Act, 2020 (Act 1038) creates the offence of sexual extortion.
Section 66(1) of Act 1038 makes it illegal for a person to threaten the distribution of private images or videos of another individual engaged in sexually explicit conduct through post, email, text, or other electronic means.[15] The law specifically prohibits this behaviour if the intent is to harass, threaten, coerce, intimidate, or exert undue influence on the victim, particularly to extort money or other consideration or compel the victim to engage in unwanted sexual activity.[16]
Act 1038 also addresses the threat to distribute images of a child engaged in sexually explicit conduct.[17] Similar to the provisions which prohibit the distribution of adult images or videos, it is illegal to threaten or extort money, other considerations or unwanted sexual activity using such images.[18]
Act 1038 defines an intimate image as one that depicts the genital or anal region of another person, whether uncovered or covered only by underwear or the breasts below the top of the areola, either uncovered or visible through clothing.[19] Violating these provisions on sexual extortion is a serious offence, punishable by a term of imprisonment ranging from ten (10) to twenty-five (25) years upon summary conviction.[20]
Other online sexually related offences under Act 1038 include the non-consensual sharing of prohibited images and the threat to distribute prohibited intimate images or visual recordings.[21] Act 1038 criminalizes the intentional distribution of intimate images or visual recordings without the consent of the person depicted, particularly if the intent is to cause serious emotional distress.[22] This includes mental reactions such as fright, nervousness, grief, anxiety, worry, mortification, shock, humiliation, and indignity, as well as physical pain.[23] A contravention of this provision, including threats to distribute prohibited intimate images, carries a penalty of one or three years of imprisonment upon summary conviction.[24]
Key Areas of Concern on the Ghanaian Law on Sextortion
Ghana’s legal system currently addresses only the digital aspect of sextortion, with no specific laws regulating the other forms of this act. However, sextortion does not only occur online, where individuals with influence and authority use their status to sexually extort the vulnerable. For instance, an employer might demand sexual favours from a potential employee before making any decision affecting that employee.
While alternatives such as prosecuting offenders for indecent assault,[25] or invoking the right to privacy and exploitation provisions in the 1992 Constitution[26] exist, these measures are insufficient. In contrast, some states in the United States of America, like Arizona, Minnesota, and Pennsylvania have enacted clear-cut laws to regulate all aspects of sextortion.
The Parliament of Ghana is encouraged to consider and develop comprehensive laws that address all forms of sextortion.
Effective Strategies to Prevent Sextortion
To effectively prevent sextortion, individuals should adopt safe online practices, such as avoiding the sharing of explicit content and using strong, unique passwords. Being cautious with suspicious links or attachments is also crucial.[27] Additionally, understanding the tactics used by perpetrators and promptly reporting any suspicious activities to the authorities can help mitigate risks.[28] If confronted with sextortion, it is important not to comply with the perpetrator’s demands and to seek support from trusted individuals or organizations, as dealing with such situations can be highly distressing.[29]
On a community level, raising awareness about sextortion and its impacts is vital. This can be done by promoting safe online behaviours and educating individuals through community workshops, awareness campaigns, and educational programs.[30] Fostering a culture of respect and empathy, as well as providing resources and support for victims, are also essential steps.[31]
Institutions can contribute significantly by raising awareness and educating individuals about sextortion through public awareness campaigns and educational programs.[32] They can also implement effective policies and practices to prevent and respond to sextortion.[33] This includes establishing robust cybersecurity measures to guard against hacking and other forms of online exploitation and offering victim support services to provide necessary assistance and resources.[34]
Conclusion
Sextortion is a severe form of exploitation that poses significant risks to the safety and well-being of its victims. It involves the use of coercion to compel individuals to provide sexual favours, often in the form of explicit images or videos, under threat of publicizing this content to third parties, or the use of one’s authority to obtain sexual pleasure.
Addressing sextortion effectively requires a multifaceted approach involving individuals, communities, and institutions. Raising awareness about sextortion is crucial in combating this issue and safeguarding individuals. Promoting safe online behaviours, fostering a supportive community environment, and implementing robust institutional policies and procedures are key strategies in tackling this harmful practice.
This publication may provide a summary of legal issues but is not intended to give specific legal advice. if you require legal advice, please speak to a qualified lawyer, which may include a qualified member of our legal team at B&P ASSOCIATES (info@bpaghana.com).
The Firm does not own the copyright to the image used.
AUTHOR:
Lennox Ntow
BPA Summer Legal Intern 2024
[1] International Association of Internet Hotlines – INHOPE: Educational Articles (What is Sextortion?), available at info@inhope.org (last visited August 19, 2024)
[2] International Bar Association: Sextortion, available at www.ibanet.org/LPRU/Sextortion (last visited August 19 2024)
[3] Zevo Health: Wellbeing and health glossary (Sextortion), available at https://www.zevohealth.com/glossary/sextortion/
[4] Ibid
[5] Ibid
[6]Ghana Cybersecurity Authority: Online Blackmails/Sextortion cases on the rise, available at https://csa.gov.gh/cert-gh-alert32.php (last visited August)
[7] Ibid
[8] Bedbible Research Centre: The Rise of Sextortion [Statistics and facts], available at www.bedbible.com/sextortion-statistics
[9] Zevo Health: Wellbeing and health glossary (Sextortion), available at https://www.zevohealth.com/glossary/sextortion/
[10] Ibid
[11] Ibid
[12] Ibid
[13] Ibid
[14] Ibid
[15] Cybersecurity Act, 2020 (Act 1038), Section 66(1).
[16] Ibid
[17] Cybersecurity Act, 2020 (Act 1038), Section 66(2)
[18] Ibid.
[19] Cybersecurity Act, 2020 (Act 1038), Section 66(3)
[20] Ibid, Section 66(4)
[21] Ibid, Section 67
[22] Ibid
[23] Ibid.
[24] Ibid.
[25] Criminal Offences Act,1960 (Act 29), Section 103
[26] 1992 Constitution of Ghana, Articles 18(2) and 20
[27] Zevo Health: Wellbeing and health glossary (Sextortion), available at https://www.zevohealth.com/glossary/sextortion/
[28] Ibid
[29] Ibid
[30] Ibid
[31] Ibid
[32] Ibid
[33] Ibid
[34] Ibid