According to a 2023 survey by SG Her Empowerment (SHE), almost three in five people encountered cyberbullying or sexual harassment online, or know someone who has. — Pixabay
SINGAPORE: In 2017, Gwen (not her real name) was asked by her employer to leave her job, after intimate videos of her were leaked online.
“It all happened suddenly. I woke up to hundreds of text messages that morning. My friends, family members, and colleagues were asking me about it,” said Gwen, who is now in her late 20s.
The university graduate tried to apply for other similar jobs in the same industry, declaring the leak to her potential employers. But she was rejected by them all, with some saying that she was not suitable for the applied role.
Gwen eventually started her own business.
According to Aware’s Sexual Assault Care Centre (SACC), three in 10 new cases of technology-facilitated sexual violence it received in 2022 involve image-based sexual abuse, which encompasses various behaviours involving the non-consensual use of sexual, nude, or intimate images or videos of a person.
These include the unauthorised creation and sharing of such content, and using these visuals to blackmail victims.
According to a 2023 survey by SG Her Empowerment (SHE) – a group that supports women and girls in Singapore – almost three in five people encountered cyberbullying or sexual harassment online, or know someone who has.
As part of a broader refresh of the nation’s strategy for the use of technology, Prime Minister Lawrence Wong announced on Oct 1 that a new government agency will be set up to provide faster recourse for victims of such online harm. New legislation to protect these victims is expected by 2025.
Here are some things to note if your intimate content is leaked online, or if you know someone who is a victim of this unauthorised distribution.
1. I know someone whose intimate video got leaked. What can I do?
Counsellor Diana Ng says one can offer the victim practical help, such as assisting them in reporting the abuse.
“Being present for the victim, including providing emotional support, will also help,” says Ng, the clinical director of 8daffodils Counselling and Psychotherapy.
She added that it is important to validate the victim’s feelings, and to avoid making judgments. Friends and family should look for signs of distress like social withdrawal or talk of self-harm, and refer the victim to appropriate mental health professionals or organisations for intervention.
2. My intimate videos or images were leaked online. What can I do?
Ng advises victims to avoid social media and rely on a supportive network of friends and family. The victim can also talk to a mental health practitioner if they find that the leak is affecting their daily lives.
Lawyer Renuka Chettiar recommends that victims file a police report and apply for assistance under the Online Criminal Harms Act, which can compel someone to remove the posted content, or a website to disable access to the offending visuals.
Renuka, a partner of law firm Karuppan Chettiar & Partners, also advises victims to seek help from organisations like SHE, which provide services such as counselling and pro bono legal assistance for such victims.
She added that it is an offence to distribute images or recordings of someone without their consent, when the visuals may be obtained through an offence.
Similarly, it is also an offence to distribute intimate images or recordings without consent, which is likely to cause humiliation, alarm or distress.
If convicted of such offences, one may be jailed, fined, caned, or a combination of these punishments. The penalty is higher if the victim is under 14 years old.
3. Should I declare in my job interviews that my intimate videos have been leaked online?
Human resources expert Alvin Aloysius Goh and Renuka both said victims are not required to disclose this during job interviews.
Goh, the executive director of the Singapore Human Resources Institute, added that job seekers’ personal lives do not reflect on their professional capabilities and should not influence a company’s hiring decisions.
It is unfair to penalise victims by using the leak as a reason not to hire them, he added, though companies in certain sectors, such as education, may hesitate to hire such victims due to concerns about public perception that may arise from the leak.
Renuka said that while employers are not obligated to explain why they reject a candidate, if they search for the leaked content after it has been declared, the hirers could be in trouble for voyeurism, under the Penal Code.
Those convicted of voyeurism may be jailed, fined, caned or a combination of the punishments.
4. Can my employer dismiss me for this?
The tripartite guidelines on wrongful dismissal under the Employment Act state that dismissing an employee without just or sufficient cause is wrongful.
Lawyer Gerard Quek said it is generally illegal for an employer to dismiss an employee without notice if their intimate content was leaked without their consent, and if there was no deliberate misconduct or moonlighting involved.
The key consideration is whether the content was created for personal use and not intended for public dissemination, added Quek, the deputy managing partner at PDLegal LLC. In such cases, termination without notice is unlawful if the employee had no reason to believe the content would be leaked.
“However, the employer can still terminate an employee with notice if it wishes to,” he said, adding that it could be based on the employment contract.
4. What can I do to avoid being in this situation?
Ng of 8daffodils Counselling & Psychotherapy says people should not send their own private content to others, whether voluntarily or after being asked.
Recording oneself can also be risky even if it is not shared with another, she said, adding that such content can still be shared accidentally, or leaked if a mobile device is lost.
Sharing non-intimate videos for work or social purposes is usually harmless, said Ng, but excessive online engagement may indicate emotional issues like low self-esteem or over-confidence. Such behaviours can be addressed through psychological interventions. – The Straits Times (Singapore)/Asia News Network
