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The Improper use of Mobile Phone is an Offence

Basically, the ownership and possession of a smartphone is not an offense. However, laws have already been passed which covers the illegal use of camera on smartphones such as an android phone or an iPhone.

The use thereof in good faith does not automatically makes the act criminal; however, if used in an offensive manner, the person taking videos or photos could be dealt with accordingly.

The improper use of smartphones could expose the user to criminal liability specially if the material captured was licentious. In most cases, the people who were caught using their smartphones offensively were charged and the contents found on their phones were used as evidence to prove their guilt.

In today’s laws, the improper use of smartphones could render the user to charges of:

  1. Child pornography – which includes photographing or video recording a child engaged in private act or exposing the child to nudity or other acts which clearly involves a sexual connotation. Aside from the recording of nude photos, mere possession and distribution of the material is also punishable under the law.
  2. Assault – this offense is committed by the use of smartphones in sending threats or blackmail to other people.
  3. Stalking – this includes the constant sending of text messages to a person which messages are unexpected and unwelcomed. More so, the user could be charged of stalking if the messages were offensive and intended to harass or unjustly vex the recipient.
  4. Piracy – the use of camera phones to record concerts, other performances, speeches and movies. These acts constitute piracy and also include the act of distributing the material.

Persons who have been attacked, harassed or exploited by the use of smartphones can file a complaint with the nearest police station. The complaint must state the act complained of such as being photographed without the person’s permission, being stalked, assaulted or the unlawful recording of concerts, movies and the like.

It is also advisable to seek the advice of a competent lawyer who shall assist you if the acts complained of were grave or serious.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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