Revenge porn

Revenge porn is the distribution of sexually explicit images or videos of individuals without their consent.[1] The material may have been made by a partner in an intimate relationship with the knowledge and consent of the subject at the time, or it may have been made without their knowledge. The subject may have experienced sexual violence during the recording of the material, in some cases facilitated by narcotics such as "date rape" drugs which also cause a reduced sense of pain and involvement in the sexual act, dissociative effects and amnesia. The possession of the material may be used by the perpetrators to blackmail the subjects into performing other sexual acts, to coerce them into continuing a relationship or to punish them for ending one, to silence them, to damage their reputation, and/or for financial gain. In the wake of civil lawsuits and the increasing numbers of reported incidents, legislation has been passed in a number of countries and jurisdictions to outlaw the practice, though approaches have varied and been changed over the years. The practice has also been described as a form of psychological abuse and domestic violence, as well as a form of sexual abuse.[2]

Sex and the law
Social issues
Specific offences
(varies by jurisdiction)
Sex offender registration
Portals

Revenge porn most commonly refers to the uploading of sexually explicit material to the Internet to humiliate and intimidate a subject who has broken off a relationship.[1] The term is also often misused to describe non-revenge scenarios, including nonconsensual pornography distributed by hackers or by individuals seeking profit or notoriety[3][4] (more properly referred to by the terms non-consensual intimate imagery, NCII, or image-based sexual abuse, IBSA). The images are usually accompanied by sufficient information to identify the pictured individual (a process known as doxing), typically names and locations, and can include risqué comments, links to social media profiles, home addresses, and workplaces.[5][6] In some cases victims are exposed to workplace discrimination, cyber-stalking or physical attack. Some companies search the Internet for potential sources of bad publicity, resulting in many victims of revenge porn losing their jobs and finding themselves effectively unhirable.[7] Some academics argue that the term "revenge porn" should not be used, and instead that it should be referred to as "image-based sexual abuse."[8]

Jurisdictions which have passed laws against revenge porn include Canada,[9] Germany, Italy, Israel, Singapore,[10] Spain,[11] the United Kingdom, 48/50 states of the United States—plus Washington, D.C.,[12][13] the U.S. military[14][15] and U.S. territories including Puerto Rico and Guam.[16][17] Australia has also passed a law at the Commonwealth level that commenced on 1 September 2018.[18][19] The Australian states and territories of South Australia,[20][21] Victoria,[22] New South Wales,[23] the Australian Capital Territory,[24] the Northern Territory,[25] Queensland,[26] Western Australia,[27] and Tasmania,[28] have complementary state level laws that criminalize this behaviour. Furthermore, Australia also has a civil penalties scheme.[29]

Background

In the 1980s, Hustler magazine began a monthly feature of reader-submitted images of naked women called "Beaver Hunt".[30] Beaver Hunt photographs were often accompanied by details about the woman, like her hobbies, her sexual fantasies, and sometimes her name.[30] Not all of the women featured in Beaver Hunt submitted their own images and several women sued the magazine for publishing their photographs without their permission, or without verifying information on forged consent forms.[31]

Two decades later, Italian researcher Sergio Messina identified "realcore pornography", a new genre consisting of images and videos of ex-girlfriends distributed through Usenet groups.[32] In 2008, amateur porn aggregator XTube began receiving complaints that pornographic content had been posted without subjects' consent. Several sites began staging consensual pornography to resemble revenge porn, as well as hosting "authentic" user-submitted content.[32][33]

Revenge porn began garnering international media attention when Hunter Moore launched the website IsAnyoneUp in 2010.[34] The site featured user-submitted pornography,[34] and was one of the first sites to adopt the model initiated by Beaver Hunt: IsAnyoneUp often included identifying information, such as the subjects' names, employers, addresses and links to social networking profiles.[34] Activist Charlotte Laws was the first person to speak out against Moore and one of the first people to publicly support revenge porn victims. This prompted backlash from some of Moore's devotees, who stalked Laws and sent her death threats.[35] Laws became known around the world as the "Erin Brockovich of revenge porn"[36] and she was one of the first activists to meet with legislators in an effort to get laws passed against revenge porn.[37]

In February 2015, the social media site and online bulletin board Reddit announced a change to its privacy policy to ban the posting of sexually explicit content without the consent of those depicted. The announcement was made after a company meeting at which the issue of "illicit pornography—pictures and video—was a burning one".[38] In March 2015, Twitter followed suit with new rules to address the posting of unauthorized content and specifically revenge porn. Starting March 11 of that year, Twitter stated it would immediately remove "any 'link to a photograph, video, or digital image of you in a state of nudity or engaged in any act of sexual conduct' that has been posted without consent."[39] According to a Washington Post article, the changes were in response to growing concerns "that [Twitter] has not done enough to prevent bad behavior on its site."[40]

In June 2015, Google announced it would remove links to revenge porn on request.[41] Microsoft followed suit in July.[42] Both have placed forms on-line for victims to complete.[43][44] Together the two organizations account for nearly 90% of the internet search market in the U.S.[45]

The term "revenge porn" is controversial because those who share images without permission may be motivated by profit, notoriety, entertainment, or other goals besides revenge; and because not all visual depictions of nudity or sexual activity are pornographic.[46]

Advocacy

The website endrevengeporn.org was founded by Holly Jacobs, a revenge porn victim, to campaign for the criminalization of revenge porn, which it considered a form of sexual abuse.[47][48] Jacobs also founded the Cyber Civil Rights Initiative (CCRI), a nonprofit organization that seeks to challenge cyber harassment. Danielle Citron, known for her discourse on cyber harassment as a civil rights issue, the vice-president of the CCRI.[49][50] Mary Anne Franks, CCRI's president and Legislative & Tech Policy Director, has been heavily involved with legislative and policy efforts to combat revenge porn.[51][49] Dr. Laura Hilly and Kira Allmann of the Oxford Human Rights Hub have characterized revenge porn as a kind of gendered hate speech designed to silence women. An article of theirs argues that this stifling of free expression is often ignored in debates over revenge porn.[52] Dr. Charlotte Laws, often called "the Erin Brockovich of revenge porn", was a CCRI board member until 2016. She is perhaps the first victims' advocate and one of the first to meet with elected officials in an effort to get legislation passed against nonconsensual pornography.[53]

Katie Hill, U.S. representative for California, announced in late 2019 she would advocate against revenge porn.[54]

While not solely focused on revenge porn, the non-profit organization Without My Consent provided legal resources related to it and lobbies to protect the privacy and free speech rights of online harassment victims.[55] In 2019,Without My Consent ceased operating and transferred to CCRI all of the comprehensive resources it had developed to aid victims of online abuse.[56] Since 2012, there has also been a website Women Against Revenge Porn, calling itself "not an organization or a business", which has been cited as an advocacy group for people exposed in revenge porn.[57] In late 2014, Elisa D'Amico and David Bateman, partners at the law firm K&L Gates, launched the Cyber Civil Rights Legal Project (CCRLP), a project offering free legal help to victims of revenge porn.[58][59]

To better facilitate the introduction of relevant legislation, some anti-revenge porn activists have called upon others in their community to use gender-neutral language more often when discussing the issue.[60] The term "revenge porn" itself has also come under fire. The CCRI for instance prefers the term "nonconsensual pornography".[61] In analogy with "child sexual abuse images" being the preferred term for child pornography, McGlynn and Rackley proposed "image-based sexual abuse".[62] Along with journalist Sarah Jeong, they have argued that it is harmful to associate revenge porn with pornography which revolves around consent. Jeong also considers it a mistake for activists to focus on revenge porn itself as the main problem, rather than the underlying culture which leads to its subjects being socially ostracized.[63]

In the Australian Capital Territory, an electronic petition was started in March 2017 that called upon the A.C.T. Legislative Assembly to consider criminalizing the non-consensual disclosure of sexual images and videos.[64] The A.C.T Legislative Assembly consequently passed the Crimes (Intimate Image Abuse) Amendment Act (2017) (ACT)[24] that criminalised the distribution, or threatened distribution, of intimate photos and videos on 16 August 2017.[65]

Legislation

Laws banning revenge porn have been slow to emerge.[66] Contributing factors include a lack of understanding about the gravity of the problem, free speech concerns,[67] belief that existing law provides adequate protection,[67] a lack of care, historically, for women's issues, and "misunderstandings of First Amendment doctrine" (Citron & Franks).[66][68] The American Civil Liberties Union and the Electronic Frontier Foundation have drawn attention to the implications for free speech if legislation is too broad.[69][70][71][72]

One concern with revenge porn laws is that they may not be tailored narrowly enough to satisfy the strict scrutiny applicable to content-based restrictions on speech. Prohibition of revenge porn may not be constitutional according to the Miller v. California decision if the porn does not categorically appeal to the prurient interest; if it is not, in itself, patently offensive; or if it has literary or political value.[73]

Africa

In South Africa, the Films and Publications Amendment Act, 2019 makes it a crime to distribute a private sexual photograph or film without the consent of the pictured individual and with the intent to cause them harm. The penalty is a fine of up to R150,000 and/or up to two years' imprisonment; or double that if the victim is identifiable in the photograph or film.[74][75]

Asia

Since 2009, the Philippines has criminalized copying, reproducing, sharing or exhibiting sexually explicit images or videos over the Internet without written consent of the individual depicted.[76]

Japan passed a bill in November 2014 which made it a crime to communicate "a private sexual image of another person" without consent.[77][78]

In South Korea the distribution of revenge porn is punishable by up to three years' imprisonment or by a fine of up to 5 million South Korean won. If the subject is filmed illicitly the penalty is up to ten years in prison or a fine of up to 10 million won ($8,900; £6,900). The use of hidden cameras for illicitly filming people, known as "molka",[79] is widespread in the country and in 2018 more than 6,000 incidents of spy-cam porn were being reported to the police annually, with only 2% of reported cases leading to a prison sentence. The website Sora.net specialised in the publishing of spy-cam porn until it was banned in 2016 following a campaign against it. Some of those depicted had committed suicide. In May 2018, ten thousand women demonstrated in Seoul demanding increased official action against digital sex crime. In October 2018 a petition of over 200,000 signatories called for increased punishment for the possession of revenge porn, regardless of whether it had been distributed.[80][81][82][83]

Israel

Israel responded quickly to public pressure in January 2014 and passed a law making sharing sexually explicit videos without the consent of the pictured individual punishable by up to five years in prison.[84] After Israel's bill was passed, it was widely predicted that nearby countries such as Egypt, Lebanon and Saudi Arabia would not introduce similar bills as they have been slow to adopt legislation against sexual harassment in general.[85] However, some commentators have suggested that victims could find recourse in existing laws against pornography, indecency, defamation and invasion of privacy.[86]

Singapore

Singapore passed the Criminal Law Reform Act on 6 May 2019, which includes the criminalisation of revenge porn. Penalties include a jail term of up to five years with fines and caning as a sentencing option. If the crime is committed against a victim under 14 years of age, a mandatory jail term will be imposed.[10] The Act took effect on 1 January 2020.[87]

Australia

Sharing sexual images or videos without consent is unlawful under three different, but parallel, types of law in Australia; the Civil Law, the Criminal Law, and a Civil Penalties scheme.

Under the Civil Law, the Supreme Court of Western Australia decision in the case of Wilson v Ferguson, delivered on 16 January 2015, is specific precedent that establishes that the non-consensual publication of sexual images or videos on the internet is unlawful.[88] In that case, a defendant shared sexual images and videos of the plaintiff on social media. The Court decided that the publication of “explicit images of a former partner which had been confidentially shared between the sexual partners during their relationship” constituted a breach of an equitable obligation of confidence.[88] The Court granted an injunction prohibiting further publication and awarded equitable compensation to the plaintiff. The defendant was found liable for A$48,404 in damages, plus costs.[88] This case was successfully argued on grounds previously established by the case of Giller v Procopets, which was argued on the equity of breach of confidence and tort grounds.[89][90]

Under the Criminal Law, the Parliaments in the Australian States and Territories of South Australia, Victoria, New South Wales, the Australian Capital Territory, the Northern Territory, Queensland, Western Australia, and Tasmania, have all passed laws that amend the relevant statutory criminal law to criminalise the non-consensual sharing of sexual images or videos. Furthermore, the Parliament of Australia has also passed a law that amends the Commonwealth statutory criminal law (which operates in parallel to State and Territory criminal law) to criminalise the non-consensual sharing of sexual images or videos. Most jurisdictions provide for higher sentences where the image that is shared is of a child. The particular law in each of these jurisdictions is described below, in chronological order of their enactment.

In March 2013, the Parliament of South Australia passed the Summary Offences (Filming Offences) Amendment Act (2013) (SA) that specifically created a criminal offence for distributing an invasive image or video without consent,[20] which commenced on 10 May 2013.[91] The distribution of an invasive image offence is contained in s. 26C of the Summary Offences Act (1953) (SA), and the maximum penalty is A$10,000 or imprisonment for 2 years.[92] In September 2016, the Parliament of South Australia further passed the Summary Offences (Filming and Sexting Offences) Amendment Act (2016) to create a criminal offence for threatening to distribute an invasive image or video,[21] which commenced on 28 October 2018.[93] The threatening to distribute offence is contained in s. 26DA of the Summary Offences Act (1953) (SA), and the maximum penalty is A$5,000 or imprisonment for 1 year.[94]

On 15 October 2014, the Parliament of Victoria passed the Crimes Amendment (Sexual Offences and Other Matters) Act (2014) (Vic) that created specific criminal offences for distributing, or threatening to distribute, a sexual image or video without consent,[22][95] which commenced on 3 November 2014 (and was repealed on 6 September 2022).[96] The distribution of an intimate image offence was contained in s. 41DA of the Summary Offences Act (1966) (Vic), and the maximum penalty was imprisonment for 2 years.[97] The threatening to distribute an intimate image offence was contained in s. 41DB of the Summary Offences Act (1966) (Vic), and the maximum penalty was imprisonment for 1 year.[98] On 30 August 2022, the Parliament of Victoria further passed the Justice Legislation Amendment (Sexual Offences and Other Matters) Act (2022) (Vic)[99] that amended the Summary Offences Act (1966) (Vic), which commenced on 30 July 2023.[100] The amendment relocated the criminal offence of distributing an intimate image to s. 53S of the Crimes Act (1958) (Vic),[101] and the offence of threatening to distribute an intimate image to s. 53T of the Crimes Act (1958) (Vic).[102] The maximum penalty for either offence is imprisonment for 3 years.[101][102] This Act also created a specific criminal offence for producing an intimate image without consent. The producing an intimate image offence is contained in s. 53R of the Crimes Act (1958) (Vic), and the maximum penalty is imprisonment for 3 years.[103] Furthermore, this Act created a disposal order scheme. The intimate image disposal order is contained in s. 53Z of the Crimes Act (1958) (Vic).[104]

On 21 June 2017, the Parliament of New South Wales passed the Crimes Amendment (Intimate Images) Act (2017) (NSW) that created specific criminal offences for distributing, or threatening to distribute, or threatening to record, an intimate image or video without consent, and provided for Rectification Orders that empower a Court to order the removal and destruction of the intimate image or video,[23] which commenced on 28 August 2017.[105] The distribution of an intimate image offence is contained in s. 91Q of the Crimes Act (1900) (NSW), and the maximum penalty is an A$11,000 fine, or imprisonment for 3 years, or both.[106] The threatening to distribute, or threatening to record an intimate image offences, are contained in s. 91R of the Crimes Act (1900) (NSW), and the maximum penalty for either offences is an A$11,000 fine, or imprisonment for 3 years, or both.[107] The contravention of a Rectification Order offence is contained in s. 91S of the Crimes Act (1900) (NSW), and the maximum penalty is an A$5,500 fine, or imprisonment for 2 years, or both.[108]

On 16 August 2017, the Legislative Assembly of the Australian Capital Territory passed the Crimes (Intimate Image Abuse) Amendment Act (2017) (ACT) that created specific criminal offences for distributing, or threatening to distribute, or threatening to capture, an intimate image or video without consent, and provided for Rectification Orders that empower a Court to order the removal and destruction of the intimate image or video,[24] which commenced on 30 August 2017.[109] The distribution of an intimate image offence is contained in s. 72C of the Crimes Act (1900) (ACT), and the maximum penalty is A$45,000 or imprisonment for 3 years, or both.[110] The threatening to distribute, or threatening to capture, an intimate image offences are contained in s. 72E of the Crimes Act (1900) (ACT), and the maximum penalty is A$45,000 or imprisonment for 3 years, or both.[111] The contravention of a Rectification Order offence is contained in s. 72H of the Crimes Act (1900) (ACT), and the maximum penalty is an A$30,000 fine, or imprisonment for 2 years, or both.[112]

On 22 March 2018, the Legislative Assembly of the Northern Territory passed the Criminal Code Amendment (Intimate Images) Act (2018) (NT) that created specific criminal offences for distributing, or threatening to distribute, an intimate image or video without consent, and provided for Rectification Orders that empower a Court to order the removal and destruction of the intimate image or video,[25] which commenced on 9 May 2018.[113] The distribution of an intimate image offence is contained in s. 208AB of the Criminal Code Act (1983) (NT), and the maximum penalty is imprisonment for 3 years.[114] The threatening to distribute an intimate image offence is contained in s. 208AC of the Criminal Code Act (1983) (NT), and the maximum penalty is imprisonment for 3 years.[115] The contravention of a Rectification Order offence is contained in s. 208AE of the Criminal Code Act (1983) (NT), and the maximum penalty is imprisonment for 2 years.[116]

On 16 August 2018, the Parliament of the Commonwealth of Australia passed the Enhancing Online Safety (Non‑consensual Sharing of Intimate Images) Act (2018) (Cth) that created specific criminal offences (that operates in parallel to State and Territory criminal law) for distributing, or threatening to distribute, a sexual image or video without consent,[18] which commenced on 1 September 2018.[19] The distribution of a private sexual image offence is contained in s. 474.17A of the Criminal Code Act (1995) (Cth), and the maximum penalty is imprisonment for 5 years.[117]

On 13 February 2019, the Parliament of Queensland passed the Criminal Code (Non-consensual Sharing of Intimate Images) Amendment Act (2019) (Qld) that created specific criminal offences for distributing, or threatening to distribute, an intimate image or video without consent, and provided for Rectification Orders that empower a Court to order the removal and destruction of the intimate image or video,[26] which commenced on 21 February 2019.[118] The distribution of an intimate image offence is contained in s. 223 of the Criminal Code Act (1899) (Qld), and the maximum penalty is imprisonment for 3 years.[119] The threatening to distribute an intimate image offence is contained in s. 229A of the Criminal Code Act (1899) (Qld), and the maximum penalty is imprisonment for 3 years.[120] The contravention of a Rectification Order offence is contained in s. 229AA of the Criminal Code Act (1899) (Qld), and the maximum penalty is imprisonment for 2 years.[121]

On 19 February 2019, the Parliament of Western Australia passed the Criminal Law Amendment (Intimate Images) Act (2018) (WA) that created specific criminal offences for distributing, or threatening to distribute, an intimate image or video without consent, and provided for Rectification Orders that empower a Court to order the removal and destruction of the intimate image or video,[27] which commenced on 15 April 2019.[122] The distribution of an intimate image offence is contained in s. 221BD of the Criminal Code Act Compilation Act (1913) (WA), and the maximum penalty is imprisonment for 3 years.[123] The threatening to distribute an intimate image offence is contained in s. 338 of the Criminal Code Act Compilation Act (1913) (WA), and the maximum penalty is imprisonment for 3 years.[124] The contravention of a Rectification Order offence is contained in s. 221BE of the Criminal Code Act Compilation Act (1913) (WA), and the maximum penalty is imprisonment for 1 year and an A$12,000 fine.[125]

On 19 September 2019, the Parliament of Tasmania passed the Criminal Code Amendment (Bullying) Act (2019) (Tas) that extended the criminal offence of stalking to include distributing an offensive image or video,[28] which commenced on 8 September 2019.[126] The distribution of an offensive image offence is contained in s. 192(1) of the Criminal Code Act (1924) (Tas), and the offence is a serious indictable crime that can only be tried on indictment in the Supreme Court.[127] The threat offence is contained in s. 192(1)(ea) of the Criminal Code Act (1924) (Tas), and the offence is a serious indictable crime that can only be tried on indictment in the Supreme Court.[128]

Under the civil penalties scheme, Australians can report the posting, or threatened posting, of sexual images and videos without consent, to the Australian Government Office of the eSafety Commissioner. The eSafety Commissioner is empowered to receive and investigate complaints, issue take-down notices, and enforce civil penalties against individuals and corporations who fail to comply.[29] In July 2015, the Australian Government established the Office of the eSafety Commissioner.[129] In October 2017, the Office of the eSafety Commissioner launched the Image Based Abuse online reporting portal, which enables Australians to report non-consensually shared sexual images and videos that had been posted to social media, or websites, and enables the eSafety Commissioner to seek their removal.[130] On 16 August 2018, the Parliament of Australia passed Enhancing Online Safety (Non‑consensual Sharing of Intimate Images) Act (2018) (Cth) that establishes a civil penalties scheme.[18][29] Under this law, the eSafety Commissioner is empowered to investigate a complaint, or an objection, regarding the non-consensual sharing of intimate images or videos on social media, by email or SMS/MMS, on websites, or peer-to-peer file-sharing services.[131] Furthermore, under this law, a person who non-consensually posts, or threatens to post, an intimate image or video may be liable for a civil penalty.[132] This law also empowers the eSafety Commissioner to issue removal notices requiring providers of a social media service, a relevant electronic service, or a designated internet service, to remove the intimate image from the service.[133] Similar powers can be enforced against end-users,[134] and hosting service providers.[135] Civil penalties for individuals are up to a maximum of A$105,000 and for corporations are up to a maximum of A$525,000.[19]

North America

In 2014, with the passage of the Protecting Canadians from Online Crime Act, Canada criminalized the "non-consensual distribution of intimate images" that were made under a "reasonable expectation of privacy".[9]

United States

Tort, privacy, copyright, and criminal laws offer remedies against people who submit revenge porn.[136][137] 48 states have laws against revenge porn as of July 2021.[12] For example, New Jersey law prohibits both the capture and the distribution of sexually explicit photographs and films by any person, "knowing that he is not licensed or privileged to do so" and without the subjects' consent.[138] The law was used to prosecute Dharun Ravi, the Rutgers student who distributed webcam footage of his roommate Tyler Clementi engaging in sexual activity, after which Clementi killed himself.[139] The law has also been used to prosecute several men who allegedly distributed revenge porn of their ex-girlfriends.[140]

Mary Anne Franks, a law professor and constitutional scholar who drafted the model legislation and advised legislators in the majority of the above states, emphasizes that many of these laws are still deeply flawed.[141]

Representatives from the Department of Justice, California's Office of the Attorney General, 50 major technology companies, victim advocates, and legislative and law enforcement leaders joined in 2015 to form a Cyber Exploitation Working Group, and have announced the creation of a working hub "to combat so-called cyber exploitation – the practice of anonymously posting explicit photographs of others online, often to extort money from the victims."[142]

As of October 1, 2022, a new section of the US Federal Code, 15 U.S.C. § 6851 Civil action relating to disclosure of intimate images, went into effect. This was passed via Section 1309 of the Consolidated Appropriations Act, 2022 and amended the Violence Against Women Act, allowing victims of revenge porn to file civil suits against those who released the materials.[143][144] Victims may sue for up to US$150,000 in actual damages as well as legal fees; restraining orders and injunctions may also be issued to temporarily or permanently halt any further distribution or disclosure.[145] It is the first Federal law concerning revenge porn and helps address the patchwork of state laws in effect at the time of its passage.[146] The burden of bringing such a suit is still on the victim and the code does not formally criminalize the release of revenge porn. Communications platforms, including websites, would be liable if they solicited such material or if they deal predominantly in revenge porn.[147] Importantly, the legal code includes specific wording which holds that a victim's allowance of such materials to be created and any instances where the victim shared that material with specific individuals do not imply wholesale consent to share the material with any other individuals, two commonly anticipated defenses which defendants may raise.[145][143]

Observers have also noted the shame which may make many victims reluctant to report or pursue such investigations. While victims of sexual abuse can have their identities kept out of court proceedings, which will only refer to them as Jane Doe or John Doe, few such safeguards exist for victims of revenge porn. Depending on jurisdiction, images in court cases may be entered as evidence and become publicly viewable. Suggestions have been made to revise evidentiary laws to allow anonymization of plaintiffs and de-identification of images entered as evidence.[148] 15 U.S.C. § 6851 specifically allowed for injunctions to preserve plaintiff anonymity when filing civil suits in Federal court.[143]

Criminal prosecutions

Several well-known revenge porn websites, including IsAnyoneUp and the Texxxan, have been taken down in response to actual or threatened legal action.[149] The former was investigated by the FBI after anti-revenge porn activist Charlotte Laws uncovered a hacking scheme associated with the website. Indictments for fifteen felonies were handed down under the Computer Fraud and Abuse Act in January 2014 for the site owner and his accomplices, and the trial was initially set to begin in November 2014 in Los Angeles.[150] Hunter Moore, the owner of IsAnyoneUp pleaded guilty to hacking and identity theft in early 2015.[151] Moore was sentenced to two and a half years in prison on 2 December 2015.[152][153] By May 2017, Moore was out of prison.[154]

In December 2013, California Attorney General Kamala Harris charged Kevin Bollaert, who ran the revenge porn website UGotPosted, with 31 felony counts, including extortion and identity theft.[155] In March 2014, because the victim was under eighteen years old in the photos, a court in Ohio awarded damages of $385,000 against Bollaert. In April 2015 Bollaert was sentenced to 18 years in prison.[156] "Sitting behind a computer, committing what is essentially a cowardly and criminal act, will not shield predators from the law or jail", said Attorney General Harris following the verdict.[156] Also in California, a man named Noe Iniguez was given jail time for posting a naked photo of his ex-girlfriend on her employer's Facebook page.[157]

Casey Meyering, the operator of revenge porn website WinByState, was arrested[158] in Oklahoma in 2014 and extradited to Napa County. Meyering's website invited users to submit nude photos of ex-girlfriends and other women, with the photos categorized by state. He would then make the women featured on his website pay $250 to have their photos taken down. There were about 400 images of California women on the website, including at least one in Napa Valley, where California Attorney General Kamala Harris had filed the case. After originally pleading not guilty, on 8 May 2015, the 28-year-old man pleaded no contest to one count of extortion, three counts of attempted extortion, and one count of conspiracy. He was sentenced to three years' imprisonment as of early June 2015.

In August 2023, a jury in Harris County, Texas, returned a $1.2 billion verdict on behalf of a woman identified as "D.L." or "Jane Doe" in court filings.[159] The unanimous verdict found that Marques Jamal Jackson had distributed revenge porn in violation of the Texas' revenge porn law.[160] The verdict included $200 million in compensatory damages and $1 billion in punitive damages.[161] According to the lawsuit, Jackson posted images of his former girlfriend on social media platforms and websites, including a pornography site, and in a public Dropbox folder. He created fake social media pages and email accounts to share the material with her family, friends and co-workers and sent them a link to the Dropbox folder. He also tagged her employer and personal gym on social media posts.[162]

Tort and privacy law

States without specific laws about revenge porn have seen lawsuits alleging invasion of privacy, public disclosure of private fact and intentional infliction of emotional distress against the individuals who uploaded the images.[163] Forty states, including California, New Jersey,[164] and New York,[165] have anti-cyberharassment laws that may be applicable to cases of revenge porn.[166]

In February 2014, a US$500,000 settlement was awarded to a Texas woman who brought suit against her ex-boyfriend for posting video and photos of her on the Internet. The state did not have a specific "revenge porn" law at the time of the lawsuit.[167][168][169] California has a private right of action in tort for acts of revenge pornography within the civil code, as well as a specific criminal statute punishing revenge pornography as an invasion of privacy.[170]

Communications Decency Act §230

Some revenge porn lawsuits have named service providers and websites as defendants alongside individuals who uploaded the images.[171] Section 230 (§230) of the Communications Decency Act shields websites and service providers from liability for content posted by users providing they are not themselves co-creators of the content.[172][173][174] If user-generated content posted to a website does not violate copyright or federal criminal laws, sites have no obligation to remove the content under §230.[175][176]

An estimated 80% of revenge porn pictures and videos are taken by the subjects themselves.[177] Those individuals can bring actions for copyright infringement against the person who uploaded their nude or semi-nude "selfies". American victims may file Digital Millennium Copyright Act takedown notices with service providers.[178] Revenge porn site MyEx.com has been a defendant in a copyright infringement case.[179]

First Amendment and anti-SLAPP

Some free speech advocates object to revenge porn laws on First Amendment grounds, citing the fact that US laws restricting expression have a history of being overturned.[180][181] Journalist Sarah Jeong argues that new criminal laws meant to combat revenge porn are likely to be overbroad, resulting in unintended consequences.[182]

Revenge porn uploaders and websites may also challenge lawsuits using state protections against strategic lawsuit against public participations (anti-SLAPP laws),[183] which allow defendants to counter lawsuits aimed at stifling free speech.[184]

Europe

Many European countries have broad privacy statutes that may be applicable to revenge porn.[185] France also criminalizes the willful violation of the intimate private life of another by "transmitting the picture of a person who is within a private place, without the consent of the person concerned".[186] A German High Court made a May 2014 ruling that intimate photographs of partners should be deleted if the partner so requests.[187] In 2019 Italy approved a law punishing whoever disseminates images or videos with sexually explicit content, intended to remain private, without the consent of the persons represented, with a jail sentence from one to six years and a fine from €5,000 to €15,000.[188]

In 2020, pornhub removed 10 million videos uploaded by unverified users after accusations from the public and refusal of mastercard and visa to work with site.[189]

Malta

A law criminalising revenge porn in Malta entered into force in November 2016. Article 208E of the Maltese Criminal Code punishes whoever, with an intent to cause distress, emotional harm or harm of any nature, discloses a private sexual photograph or film without the consent of the person or persons displayed or depicted in such photograph or film. Such person would, on conviction be liable to imprisonment for a term of up to two years or to a fine of not less than €3,000 and not more than €5,000, or to both such imprisonment and fine.[190]

England and Wales

In 2012, the English singer-songwriter Tulisa Contostavlos obtained an injunction preventing the distribution of a sex tape of her and a former lover that had been published on the internet.[191][192] The case was set to include considerable damages, but was settled out of court before it could be considered.[193]

In April 2014, UK charities including The National Stalking Helpline, Women's Aid, and the UK Safer Internet Centre reported increased use of revenge porn websites.[187] Women's Aid Charity Chief Executive Polly Neate stated, "To be meaningful, any attempt to tackle revenge porn must also take account of all other kinds of psychological abuse and controlling behaviour, and revenge porn is just another form of coercive control. That control is central to domestic violence, which is why we're campaigning for all psychological abuse and coercive control to be criminalised". In July Chris Grayling, the Secretary of State for Justice, announced plans to "take appropriate action" to address revenge porn in Britain.[187] A House of Lords Committee, in a report on social media and the law, subsequently called for clarification from the DPP as to when revenge porn becomes a crime.[193][194]

The Criminal Justice and Courts Act 2015 received Royal Assent. Section 33 of the Act makes it an offence in England and Wales to disclose private sexual photographs and films without the consent of the individual depicted and with the intent to cause distress. There is a maximum sentence of two years' imprisonment.[195][196]

On 23 April 2015, a seminar was held in Westminster on the new legislation. The seminar was organised by the Oxford Human Rights Hub and co-hosted with the law firm McAllister Olivarius, the End Violence Against Women Coalition, the University of Durham, and the University of Birmingham.[197] The seminar called for the law to be extended to cover upskirting, a change that was subsequently made with the passing of the Voyeurism (Offences) Act 2019.

In June 2015 Chrissy Chambers, a YouTube star from the United States, pursued a civil suit against her British ex-boyfriend who posted sexually-explicit videos taken without her knowledge or consent to Facebook where they were repeatedly shared. Chambers chose to pursue a civil case as the Criminal Justice and Courts Act 2015 does not apply retroactively to content posted prior to its passage.[198][199] She was represented by McAllister Olivarius and in January 2018 won "substantial damages".[200] Drawing on this and other cases, Dr. Ann Olivarius of the same firm gave a TEDxReading talk on "Revenge Porn: The Naked Truth".[201]

Between April 2015 (the date that section 33 of the Criminal Justice and Courts Act 2015 came into force) and December 2015 the number of reported incidents of revenge pornography in England and Wales was 1,160. However, 61% of them resulted in no action being taken and the number of people prosecuted for disclosing private sexual images during the legislation's first year was 206. It emerged that cases of those who had been victims of revenge porn before April 2015 were not pursued under the new law, causing criticism that perpetrators "got away with" their crimes when committed before the Act came into force.[202] Before April 2015, the law most applicable to revenge porn, specifically image-based sexual abuse, was the 1988 Malicious Communication Act, and "With police officers' understanding of revenge porn now being based on the newer legislation, prosecution under the Malicious Communications Act for similar cases is less likely to be considered. And so police officers may be less likely to consider alternative legislation for those cases which predate April 2015."[202]

The Revenge Porn Helpline was set up in 2015. In 2019 it was announced that the Law Commission would examine the possibility of reclassifying revenge porn from a "communications crime" to a sexual offence, thus giving victims anonymity.[203]

Scotland

In Scotland, revenge porn became a specific offence in April 2016 with the adoption of the Abusive Behaviour and Sexual Harm Act, which came into force in July 2017.[204]

Northern Ireland

In Northern Ireland, revenge porn was made a crime in February 2016 through the amendment of an existing law.[205]

Minors

If the video or images in question are of individuals who are minors, this can lead to legal action for child pornography[206] as has happened in non-revenge porn related cases involving sexting.[207][208]

Prenuptial agreements
Main article: Prenuptial agreement

Some couples draft "social media" prenuptial agreements,[209] which may include provisions relating to revenge porn.[210] Clauses may state that couples agree not to share photos or posts that are likely to harm a spouse's professional reputation.[209]

In other media

The novel The Drowning Pool (1950) by Ross Macdonald, part of the series starring fictional detective Lew Archer, features a subplot of a woman trying to stop distribution of a sexual film taken without her knowledge.[211]

The 2017 independent film From Jennifer tackles the subject of revenge porn. In the film, the main character's acting career is derailed by an ex-boyfriend who posts a video of them online without her consent. When the video goes viral, her manager drops her as a client, and the ensuing humiliation she suffers leads her toward a path of destruction and counter-revenge.

In 2021, the BBC film Zara McDermott: Revenge Porn came out, in which Zara McDermott recalled the experience of having her nude photos leaked as a teenager.[212]

See also

References
  1. Citron & Franks 2014, p. 346
  2. Bates, Samantha (4 August 2015). "Stripped": An analysis of revenge porn victims' lives after victimization (PDF) (Thesis). Simon Fraser University. Archived from the original on 7 September 2022. Retrieved 23 January 2016.
  3. Crookes, Rebecca L.; Hatcher, Ruth M.; Hine, Benjamin; Sleath, Emma; Walker, Kate (13 June 2019). "Nonconsensual Sharing of Private Sexually Explicit Media Among University Students" (PDF). Journal of Interpersonal Violence. 36 (17–18): NP9078–NP9108. doi:10.1177/0886260519853414. hdl:2381/44022. PMID 31189425. S2CID 189812864. Archived (PDF) from the original on 5 March 2020. Retrieved 15 February 2020.
  4. Hayward & Rahn 2015
  5. Bazelon, Emily (25 September 2013). "Why Do We Tolerate Revenge Porn?". Slate. Archived from the original on 25 September 2013.
  6. Larson, Eric (21 October 2013). "It's Still Easy to Get Away With Revenge Porn". Mashable. Archived from the original on 23 April 2022.
  7. Keats Citron, Danielle (29 August 2014). "'Revenge porn' should be a crime in U.S." CNN. Archived from the original on 1 September 2022.
  8. McGlynn, Clare; Rackley, Erika (2017). "Image-Based Sexual Abuse". Oxford Journal of Legal Studies. 37 (3): 534–561. doi:10.1093/ojls/gqw033. ISSN 0143-6503. Archived from the original on 20 August 2022. Retrieved 18 January 2018.
  9. "Protecting Canadians from Online Crime Act (S.C. 2014, c. 31)". Justice Laws Website. 9 December 2014. Archived from the original on 14 April 2022. Retrieved 25 June 2015.
  10. "Criminal Law Reform Bill: A look at key changes in the Penal Code". Today. 6 May 2019. Archived from the original on 10 July 2021. Retrieved 13 June 2019.
  11. Jurídicas, Noticias. "El Tribunal Supremo considera delito difundir imágenes obtenidas con el permiso de la víctima que afectan gravemente a su intimidad · Noticias Jurídicas". Noticias Jurídicas (in Spanish). Archived from the original on 19 August 2022. Retrieved 19 August 2022.
  12. "48 States + DC have Revenge Porn Laws". Cyber Civil Rights Initiative. Archived from the original on 24 August 2022. Retrieved 7 September 2022.
  13. Moore, Jack (19 April 2017). "DC man convicted under revenge porn law sentenced to 9 years". WTOP-TV. Archived from the original on 4 May 2022.
  14. Downing, Suzanne (5 January 2019). "Sweeping changes to Uniform Code of Military Justice just went into effect". Must Read Alaska. Archived from the original on 24 February 2019. Retrieved 24 February 2019.
  15. "Posting 'Revenge Porn' is now illegal under the UCMJ". We Are The Mighty. 13 February 2018. Archived from the original on 24 February 2019. Retrieved 23 February 2019.
  16. Santiago, Johstean Miguel (5 August 2021). "Gobernador convierte en ley que sea delito el porno venganza" [Governor signs law making revenge porn a crime]. Metro (in Spanish). Archived from the original on 6 August 2021. Retrieved 6 August 2021.
  17. Network, Pacific Daily News Staff Reports, Pacific Daily News USA TODAY. "Revenge porn bill signed into law". guampdn.com. Archived from the original on 9 October 2023. Retrieved 6 August 2021.{{cite web}}: CS1 maint: multiple names: authors list (link)
  18. Parliament of Australia (16 August 2018). "Enhancing Online Safety (Non‑consensual Sharing of Intimate Images) Act (2018) (Cth)". Australian Government Federal Register of Legislation. Archived from the original on 20 February 2019. Retrieved 1 March 2019.
  19. Porter, Christian (16 August 2018). "New laws to prevent image-based abuse one step closer". Attorney General for Australia. Archived from the original on 6 March 2019. Retrieved 1 March 2019.
  20. Parliament of South Australia (14 March 2013). "Summary Offences (Filming Offences) Amendment Act (2013) (SA)" (PDF). South Australian Government Legislation Database. Archived (PDF) from the original on 6 March 2019. Retrieved 28 February 2019.
  21. Parliament of South Australia (29 September 2016). "Summary Offences (Filming and Sexting Offences) Amendment Act (2016) (SA)" (PDF). South Australian Government Legislation Database. Archived (PDF) from the original on 6 March 2019. Retrieved 28 February 2019.
  22. Parliament of Victoria (15 October 2014). "Crimes Amendment (Sexual Offences and Other Matters) Act (2014) (Vic)" (PDF). Government of Victoria Legislation Database. Archived (PDF) from the original on 6 March 2019. Retrieved 28 February 2019.
  23. Parliament of New South Wales (27 June 2017). "Crimes Amendment (Intimate Images) Act (2017) (NSW)". New South Wales Government Legislation Database. Archived from the original on 3 December 2002. Retrieved 1 March 2019.
  24. Legislative Assembly of the Australian Capital Territory (16 August 2017). "Crimes (Intimate Image Abuse) Amendment Act (2017) (ACT)" (PDF). A.C.T Government Legislation Database. Archived (PDF) from the original on 6 March 2019. Retrieved 1 March 2019.
  25. Legislative Assembly of the Northern Territory (9 May 2018). "Criminal Code Amendment (Intimate Images) Act (2018) (NT)". Northern Territory Government Legislation Database. Archived from the original on 6 March 2019. Retrieved 1 March 2019.
  26. Parliament of Queensland (21 February 2019). "Criminal Code (Non-consensual Sharing of Intimate Images) Amendment Act (2019) (Qld)". Queensland Government Legislation Register. Archived from the original on 6 March 2019. Retrieved 1 March 2019.
  27. Parliament of Western Australia (26 February 2019). "Criminal Law Amendment (Intimate Images) Bill (2018) (WA)". Parliament of Western Australia. Archived from the original on 23 March 2022. Retrieved 25 August 2018.
  28. Parliament of Tasmania (19 September 2019). "Criminal Code Amendment (Bullying) Bill (2019) (Tas)" (PDF). Parliament of Tasmania. Archived (PDF) from the original on 11 October 2019. Retrieved 11 October 2019.
  29. "Civil penalties scheme". Australian Government Office of the eSafety Commissioner. Archived from the original on 6 March 2019. Retrieved 6 March 2019.
  30. Dennis, Kelly (2009). Art/Porn : A History of Seeing and Touching. Oxford: Oxford International Publishers. ISBN 978-1-84788-067-3. OCLC 232980947.{{cite book}}: CS1 maint: date and year (link)
  31. Wood v. Hustler, 736 1084 (5th Cir. 1984).
  32. Tsoulis-Reay, Alexa (21 July 2013). "The Sex Issue - A Brief History of Revenge Porn". New York Magazine. Archived from the original on 12 July 2022. Retrieved 7 September 2022.
  33. "Revenge porn: Misery merchants". The Economist. 5 July 2014. Archived from the original on 27 January 2020. Retrieved 10 September 2017.
  34. Garfield, Bob (2 December 2011). "REVENGE PORN'S LATEST FRONTIER". On the Media. Archived from the original on 2 June 2014.
  35. Carole Cadwalladr (30 March 2014). "Charlotte Laws' fight with Hunter Moore, the internet's revenge porn king". The Guardian. Archived from the original on 15 May 2019. Retrieved 13 December 2016.
  36. "How the 'Erin Brockovich of revenge porn' is helping victims". Fox News. 19 March 2014. Archived from the original on 4 May 2022. Retrieved 9 December 2018.
  37. Julia Dahl (3 October 2013). ""Revenge porn" law in California a good first step, but flawed, experts say". CBS News. Archived from the original on 3 May 2022. Retrieved 9 December 2018.
  38. Pardon, Rhett (24 February 2015). "Reddit to Ban Sexually Explicit Content Posted Without Consent". XBIZ.com. Archived from the original on 25 February 2015. Retrieved 25 February 2015.
  39. Hymes, Tom. "Twitter Targets Revenge Porn with New Abusive Behavior Policies New tougher prohibitions start today". AVN.com. Adult Video News. Archived from the original on 13 March 2015. Retrieved 12 March 2015.
  40. Tsukayama, Hayley (11 March 2015). "Twitter updates its rules to specifically ban 'revenge porn'". The Washington Post. Archived from the original on 12 March 2015. Retrieved 12 March 2015.
  41. Golbeck, Jennifer (19 June 2015). "Google to Remove Revenge Porn from Search Results". slate.com. Slate. Archived from the original on 20 June 2015. Retrieved 20 June 2015.
  42. Beauchere, Jacqueline (22 July 2015). "'Revenge porn:' Putting victims back in control". blogs.microsoft.com/. Microsoft. Archived from the original on 26 July 2015. Retrieved 28 July 2015.
  43. "Remove your personal information from Google". Google. Archived from the original on 1 September 2022.
  44. "Report Content to Microsoft". support.microsoft.com. Microsoft. Archived from the original on 24 December 2015. Retrieved 29 July 2015.
  45. Chavez, Ronald (22 July 2015). "Microsoft joins Google in removing links to revenge porn". mashable.com. Mashable. Archived from the original on 27 July 2015. Retrieved 28 July 2015.
  46. Jack Greiner (29 October 2019). "Strictly Legal: 'Revenge porn' law is constitutional". Cincinnati.com. Archived from the original on 29 October 2019. Retrieved 29 October 2019.
  47. "End Revenge Porn: Petition". www.endrevengeporn.org. Archived from the original on 21 January 2015. Retrieved 1 January 2015.
  48. "Frequently Asked Questions". .endrevengeporn.org. Cyber Civil Rights Initiative. Archived from the original on 4 March 2016. Retrieved 23 February 2015. Revenge porn, n. – A form of sexual abuse that involves the distribution of nude/sexually explicit photos and/or videos of an individual without their consent. Revenge porn, sometimes called cyber-rape or nonconsensual pornography, is usually posted by a scorned ex-lover or friend, in order to seek revenge after a relationship has gone sour.
  49. "CCRI Board of Directors". Cyber Civil Rights Initiative. Archived from the original on 8 August 2022. Retrieved 31 August 2022.
  50. Citron 2009
  51. "Meet the Krav Maga-fighting law professor behind U.S. revenge porn laws". The Daily Dot. 15 April 2014. Archived from the original on 18 May 2015. Retrieved 15 May 2015.
  52. Hilly, Laura; Allman, Kira. "Revenge porn does not only try to shame women – it tries to silence them too". The Guardian. Archived from the original on 23 June 2015. Retrieved 24 June 2015.
  53. "Revenge Porn law in California a good first step, but flawed, experts say". CBS News. 3 October 2013. Archived from the original on 3 May 2022. Retrieved 9 December 2018.
  54. Lerer, Lisa (28 October 2019). "The Revenge Porn Debate Reaches Washington". New York Times. Archived from the original on 5 June 2021. Retrieved 5 June 2021.
  55. Bazelon, Emily (22 April 2011). "How to unmask the Internet's vilest characters". New York Times Magazine. Archived from the original on 18 February 2017. Retrieved 28 January 2016.
  56. Gonzalez, Michelle (17 December 2019). "CCRI Extends Gratitude to Without My Consent". Cyber Civil Rights Initiative. Archived from the original on 31 August 2022. Retrieved 31 August 2022.
  57. Godfrey, Miles (23 November 2013). "Revenge porn the ugly side of sexting". Sydney Morning Herald. Archived from the original on 3 November 2016. Retrieved 28 January 2016.
  58. Goldstein, Matthew (30 January 2015). "Law Firm Founds Project to Fight 'Revenge Porn'". DealBook. Archived from the original on 6 December 2017. Retrieved 28 January 2016.
  59. Cassens Weiss, Debra. "BigLaw firm fights 'revenge porn' with pro bono advocacy; suit alleges copyright infringement". ABA Journal. Archived from the original on 1 March 2016. Retrieved 28 January 2016.
  60. Lai, Amy (2015). "Revenge Porn Legislation Activists and the Lessons from Sexual Harassment Jurisprudence: Gender Neutrality, Public Perceptions and Implications". NYU. Archived from the original on 29 January 2016. Retrieved 23 January 2016.
  61. Staff. "About". CCRI. Archived from the original on 27 March 2014. Retrieved 27 March 2014.
  62. McGlynn, Clare; Rackley, Erika (15 February 2016). "Not 'revenge porn', but abuse: let's call it image-based sexual abuse (blog)". Inherently Brief. Postgraduate Students, Gender & Law at Durham (GLAD) via WordPress. 41. Archived from the original on 13 March 2016. Retrieved 12 March 2016.
  63. "Snap Judgment | Bitch Media". Bitch Media. Archived from the original on 30 January 2016. Retrieved 3 January 2016.
  64. Gorey, Michael (23 March 2017). "Calls for ACT government to introduce 'revenge porn' laws". canberratimes.com.au. Archived from the original on 26 March 2017. Retrieved 27 March 2017.
  65. Burgess, Katie (16 August 2017). "Canberrans who publish, or threaten to publish, 'revenge porn' now face jail". The Canberra Times. Archived from the original on 18 April 2018. Retrieved 16 August 2017.
  66. Citron & Franks 2014, p. 347
  67. Greenfield, Rebecca (27 August 2013). "Why Isn't Revenge Porn Illegal Everywhere?". The Wire (The Atlantic). Archived from the original on 30 June 2015. Retrieved 27 June 2015.
  68. Citron, Danielle. "Debunking the First Amendment Myths Surrounding Revenge Porn Laws". Forbes. Archived from the original on 9 April 2017. Retrieved 10 September 2017.
  69. "'Revenge Porn' Bill Needs Changes". acluct.org. American Civil Liberties Union. 21 June 2017. Archived from the original on 30 June 2015. Retrieved 27 June 2015.
  70. Franks, Mary Anne (1 April 2015). "The ACLU's Frat House Take on 'Revenge Porn'". huffingtonpost.com. Huffington Post. Archived from the original on 30 June 2015. Retrieved 27 June 2015.
  71. Mullin, Joe (2015). "Arizona makes deal with ACLU, won't enforce bad law on "revenge porn"". arstechnica.com. Ars Technica. Archived from the original on 16 July 2017. Retrieved 14 June 2017.
  72. Laird, Lorelei (1 November 2013). "Victims are taking on 'revenge porn' websites for posting photos they didn't consent to". ABA Journal. Archived from the original on 24 January 2016. Retrieved 28 January 2016.
  73. Driscoll, Sarah E. (Winter 2016). "Revenge porn: chivalry prevails as legislation protects damsels in distress over freedom of speech". Roger Williams University Law Review. 21 (1): 75–117.
  74. Sefularo, Masechaba (5 October 2019). "Revenge porn now criminalised and carries hefty fine or jail time". Eyewitness News. Archived from the original on 7 October 2019. Retrieved 14 November 2019.
  75. "Films and Publications Amendment Act, 2019; Act No. 11 of 2019; No. 42743" (PDF). Government Gazette of South Africa. 3 October 2019. Archived from the original (PDF) on 24 January 2020. Sections 19 (inserting section 18F in the principal act) and 27 (inserting section 24E in the principal act).
  76. "Anti-Photo and Video Voyeurism Act of 2009 (Republic Act No. 9995)". The LawPhil Project. 15 February 2010. Archived from the original on 20 September 2019. Retrieved 25 June 2015.
  77. Matsui 2015, pp. 289-319 – via HeinOnline (subscription required)
  78. Umeda, Sayuri (26 November 2014). "Japan: New Revenge Porn Prevention Act". Library of Congress. Archived from the original on 2 July 2019. Retrieved 23 January 2016.
  79. Kim, Min-wook (26 June 2018). "Businesses fight against spycams". Korea JoongAng Daily. Archived from the original on 1 April 2019. Retrieved 1 April 2019.
  80. "South Korea revenge porn: Sora owner arrested". BBC News. 26 June 2018. Archived from the original on 5 December 2019. Retrieved 4 December 2018.
  81. Yang Sung-Hee (28 May 2018). "A revolution against revenge porn". Korea JoongAng Daily. Archived from the original on 27 March 2019. Retrieved 4 December 2018.
  82. Laura Bicker (3 August 2018). "South Korea's spy cam porn epidemic". BBC News. Archived from the original on 20 January 2020. Retrieved 4 December 2018.
  83. "Public criticizes revenge porn law". Korea JoongAng Daily. 10 October 2018. Archived from the original on 4 December 2018. Retrieved 4 December 2018.
  84. Yaakov, Yifa (6 January 2014). "Israeli Law Makes Revenge Porn a Sex Crime". The Times of Israel. Archived from the original on 8 January 2014. Retrieved 8 January 2014.
  85. "Sexual harassment made a crime in Egypt". Al Jazeera. 6 June 2014. Archived from the original on 20 January 2016. Retrieved 23 January 2016.
  86. Ajbaili, Mustapha (10 January 2014). "Banning 'Revenge Porn:' Will Arabs follow Israel's lead?". Al Arabiya News. Archived from the original on 8 November 2014. Retrieved 25 June 2015.
  87. Ng, Charmaine (27 December 2019). "Watch that cigarette butt and BBQ embers - firestarters to feel more heat from the law from Jan 1". The Straits Times. Archived from the original on 18 April 2021. Retrieved 31 December 2019.
  88. Wilson v Ferguson [2015] WASC 15 (16 January 2015), Supreme Court (WA, Australia)
  89. Giller v Procopets [2008] VSCA 236 (10 December 2008), Court of Appeal (Vic, Australia).
  90. Clark, Peter A. P. "A STATUTORY RIGHT OF PRIVACY" (PDF). Attorney-General of Australia. Archived from the original (PDF) on 12 February 2014.
  91. Crouch, Brad (10 May 2013). "New SA law means putting up degrading images on Facebook or YouTube can lead to jail". The Advertiser. Archived from the original on 6 August 2020. Retrieved 28 February 2019.
  92. "s. 26C of the Summary Offences Act (1953) (SA)". Australasian Legal Information Institute. Archived from the original on 6 March 2019. Retrieved 28 February 2019.
  93. Plater, David (2016). "'Setting the boundaries of acceptable behaviour'? South Australia's latest legislative response to revenge pornography" (PDF). UniSA Student Law Review. 2: 77–95. doi:10.21913/USLRunisaslr.v2i0.1359. Archived (PDF) from the original on 19 July 2018. Retrieved 5 March 2019.
  94. "s. 26DA Summary Offences Act (1953) (SA)". Australasian Legal Information Institute. Archived from the original on 6 March 2019. Retrieved 1 March 2019.
  95. Michie, Rhys (16 October 2014). "Victoria passes 'sexting' laws". Civil Liberties Australia. Archived from the original on 6 March 2019. Retrieved 28 February 2019.
  96. Victorian Government (3 November 2014). "Sexting". Victorian Government Latest News. Archived from the original on 17 November 2014. Retrieved 28 February 2019.
  97. "s. 41DA Summary Offences Act (1966) (Vic)". Australasian Legal Information Institute. 3 November 2014. Archived from the original on 10 March 2019. Retrieved 1 March 2019.
  98. "s. 41DB Summary Offences Act (1966) (Vic)". Australasian Legal Information Institute. 3 November 2014. Retrieved 1 March 2019.
  99. "Justice Legislation Amendment (Sexual Offences and Other Matters) Bill (2022)". Government of Victoria Legislation Database. Parliament of Victoria. Archived from the original on 31 August 2022.
  100. Victorian Government. "Victorian Legislation Register". Archived from the original on 30 August 2022. Retrieved 7 September 2022.
  101. Australasian Legal Information Institute (11 August 2023). "s. 53S Crimes Act 1958 (Vic)". Australasian Legal Information Institute. Archived from the original on 11 August 2023. Retrieved 11 August 2023.
  102. Australasian Legal Information Institute (11 August 2023). "s. 53T Crimes Act 1958 (Vic)". Australasian Legal Information Institute. Archived from the original on 11 August 2023. Retrieved 11 August 2023.
  103. Australasian Legal Information Institute (11 August 2023). "s. 53R Crimes Act 1958 (Vic)". Australasian Legal Information Institute. Archived from the original on 11 August 2023. Retrieved 11 August 2023.
  104. Australasian Legal Information Institute (11 August 2023). "s. 53Z Crimes Act 1958 (Vic)". Australasian Legal Information Institute. Archived from the original on 11 August 2023. Retrieved 11 August 2023.
  105. "Revenge porn now a crime in NSW". The Sydney Morning Herald. 25 August 2017. Archived from the original on 9 February 2019. Retrieved 1 March 2019.
  106. "s. 91Q Crimes Act (1900) (NSW)". Australasian Legal Information Institute. 28 August 2017. Archived from the original on 6 March 2019. Retrieved 1 March 2019.
  107. "s. 91R Crimes Act (1900) (NSW)". Australasian Legal Information Institute. 28 August 2017. Archived from the original on 6 March 2019. Retrieved 1 March 2019.
  108. "s. 91S Crimes Act (1900) (NSW)". Australasian Legal Information Institute. 28 August 2019. Archived from the original on 6 March 2019. Retrieved 1 March 2019.
  109. "Australian Capital Territory Government Legislation Register". Australian Capital Territory Government Legislation Register. 29 August 2017. Archived from the original on 6 March 2019. Retrieved 1 March 2019.
  110. "s. 72C Crimes Act (1900) (ACT)". Australasian Legal Information Institute. 30 August 2017. Archived from the original on 6 March 2019. Retrieved 1 March 2019.
  111. "s. 72E Crimes Act (1900) (ACT)". Australasian Legal Information Institute. 30 August 2017. Archived from the original on 6 March 2019. Retrieved 1 March 2019.
  112. "s. 72H Crimes Act (1900) (ACT)". Australasian Legal Information Institute. 30 August 2017. Archived from the original on 6 March 2019. Retrieved 1 March 2019.
  113. "Northern Territory Government Legislation Database". Northern Territory Government Legislation Database. 9 May 2018. Archived from the original on 6 March 2019. Retrieved 1 March 2019.
  114. "s. 208AB Criminal Code (1983) (NT)". Australasian Legal Information Institute. 9 May 2018. Archived from the original on 7 March 2019. Retrieved 1 March 2019.
  115. "s. 208AC Criminal Code Act (1983) (NT)". Australasian Legal Information Institute. 9 May 2018. Archived from the original on 7 March 2019. Retrieved 1 March 2019.
  116. "s. 208AE Criminal Code Act (1983) (NT)". Australasian Legal Information Institute. 9 May 2018. Archived from the original on 7 March 2019. Retrieved 1 March 2019.
  117. "s. 474.17A Criminal Code Act (1995) (Cth)". Australasian Legal Information Institute. 1 September 2018. Archived from the original on 28 February 2019. Retrieved 1 March 2019.
  118. "Sharing intimate images without consent". Queensland Government Legislation Database. 21 February 2019. Archived from the original on 17 April 2019. Retrieved 17 April 2019.
  119. "s. 223 Criminal Code Act (1899) (Qld)". Australasian Legal Information Institute. 21 February 2019. Archived from the original on 6 March 2019. Retrieved 1 March 2019.
  120. "s. 229A Criminal Code Act (1899) (Qld)". Australasian Legal Information Institute. 21 February 2019. Archived from the original on 6 March 2019. Retrieved 5 March 2019.
  121. "s. 229AA Criminal Code Act (1899) (Qld)". Australasian Legal Information Institute. 21 February 2019. Archived from the original on 6 March 2019. Retrieved 5 March 2019.
  122. "Western Australia's New Intimate Image Laws". Government of Western Australia Department of Justice. 19 February 2019. Archived from the original on 6 March 2019. Retrieved 1 March 2019.
  123. "s. 221BD of the Criminal Code Act Compilation Act (1913) (WA)". Australasian Legal Information Institute. 15 April 2019. Archived from the original on 17 April 2019. Retrieved 17 April 2019.
  124. "s. 338 of the Criminal Code Act Compilation Act (1913) (WA)". Australasian Legal Information Institute. 15 April 2019. Archived from the original on 17 April 2019. Retrieved 17 April 2019.
  125. "s. 221BE of the Criminal Code Act Compilation Act (1913) (WA)". Australasian Legal Information Institute. 15 April 2019. Archived from the original on 17 April 2019. Retrieved 17 April 2019.
  126. "Criminal Code Amendment (Bullying) Act 2019". Tasmanian Register of Consolidated Legislation. 8 October 2019. Archived from the original on 11 October 2019. Retrieved 11 October 2019.
  127. "s. 192 (1) Criminal Code Act (1924) (Tas)". Australian Legal Information Institute. 8 October 2019. Archived from the original on 11 October 2019. Retrieved 11 October 2019.
  128. "Criminal Code Act (1924) (Tas)". Australian Legal Information Institute. 8 October 2019. Archived from the original on 11 October 2019. Retrieved 11 October 2019.
  129. "Australian Government Office of the eSafety Commissioner Homepage". Australian Government Office of the eSafety Commissioner. Archived from the original on 13 February 2022. Retrieved 6 March 2019.
  130. "Online portal helps Australians impacted by image-based abuse". Australian Government Office of the eSafety Commissioner. Archived from the original on 5 March 2019. Retrieved 6 March 2019.
  131. "s. 19C Enhancing Online Safety Act (2015) (Cth)". Australasian Legal Information Institute. 1 September 2018. Archived from the original on 7 March 2019. Retrieved 6 March 2019.
  132. "s. 44A Enhancing Online Safety Act (2015) (Cth)". Australasian Legal Information Institute. Archived from the original on 7 March 2019. Retrieved 1 March 2019.
  133. "s. 44A Enhancing Online Safety Act (2015) (Cth)". Australasian Legal Information Institute. Archived from the original on 7 March 2019. Retrieved 6 March 2019.
  134. "s. 44E Enhancing Online Safety Act (2015) (Cth)". Australasian Legal Information Institute. Archived from the original on 7 March 2019. Retrieved 6 March 2019.
  135. "s. 44F Enhancing Online Safety Act (2015) (Cth)". Australasian Legal Information Institute. Archived from the original on 7 March 2019. Retrieved 6 March 2019.
  136. Hartzog, Woodrow (10 May 2013). "How to Fight Revenge Porn". Stanford Center for Internet and Society. The Atlantic. Archived from the original on 23 June 2013.
  137. Barry, Doug (7 April 2013). "A New Bill in Florida Would Make Non-Consensual 'Revenge Porn' a Felony". Jezebel. Archived from the original on 16 June 2018.
  138. New Jersey General Assembly. "N.J.S.A. 2C:14-9(b)". Statutes of New Jersey. New Jersey.
  139. DeMarco, Megan; Friedman, Alexi (21 May 2012). "Live blog: Dharun Ravi sentenced to 30 days in jail". The Star-Ledger. Archived from the original on 9 August 2022.
  140. O'Connor, Maureen (29 August 2013). "The Crusading Sisterhood of Revenge-Porn Victims". New York Magazine. Archived from the original on 5 January 2022.
  141. Franks, Mary Anne (22 June 2015). "How to Defeat 'Revenge Porn': First, Recognize It's About Privacy, Not Revenge". huffingtonpost.com. Huffington Post. Archived from the original on 25 June 2015. Retrieved 1 July 2015.
  142. Associated Press (15 October 2015). "California teams with tech firms to fight cyber exploitation". Los Angeles Times. Archived from the original on 19 October 2015. Retrieved 20 October 2015.
  143. 15 U.S.C. § 6851 Archived
  144. H.R. 2471 Section 1309, Archived
  145. Day, John (26 April 2022). "A New Arrow in the Quiver to Fight Revenge Porn". Tennessee Bar Journal. 58 (3). Archived from the original on 7 September 2022. Retrieved 7 September 2022.
  146. Killion, Victoria L. (1 April 2022). "Legal Sidebar: Federal Civil Action for Disclosure of Intimate Images: Free Speech Considerations LSB10723". Congressional Research Service. Archived from the original on 11 August 2022. Retrieved 7 September 2022.
  147. McKeen, Katherine (30 March 2022). "Curbing the Pandemic of Cyber Sexual Abuse". The Regulatory Review. University of Pennsylvania Law School. Archived from the original on 25 May 2022. Retrieved 7 September 2022.
  148. Kopan, Tal; Cassidy, Megan (3 May 2022). "Should revenge porn be a federal crime? Here's what the 190 Bay Area cases reveal". San Francisco Chronicle. Archived from the original on 15 June 2022. Retrieved 7 September 2022.
  149. Goode, Erica (24 September 2013). "Victims Push Laws to End Online Revenge Posts". The New York Times. Archived from the original on 1 September 2022.
  150. Roy, Jessica. "Revenge-Porn King Hunter Moore Indicted on Federal Charges". Time. Archived from the original on 21 April 2014. Retrieved 19 April 2014.
  151. "Revenge Porn Kingpin Hunter Moore Pleads Guilty, Faces Jail". NBC News. Archived from the original on 28 October 2019. Retrieved 19 October 2019.
  152. Moosa, Tauriq (27 February 2015). "Is This the End of Revenge Porn?". The Daily Beast. Archived from the original on 2 May 2015. Retrieved 24 April 2015.
  153. Ohlheiser, Abby (3 December 2015). "Revenge porn purveyor Hunter Moore is sentenced to prison". The Washington Post. Archived from the original on 24 December 2015. Retrieved 23 January 2016.
  154. "Is Anyone Up? Founder Hunter Moore is back online, making music and writing a book". Substream Magazine. 15 May 2017. Archived from the original on 7 June 2019. Retrieved 7 June 2019.
  155. "Attorney General Kamala D. Harris Announces Arrest of Revenge Porn Website Operator". Attorney General of California. 10 December 2013. Archived from the original on 7 June 2022.
  156. Perry, Tony (3 April 2015). "'Revenge porn' website operator sentenced to 18 years". Los Angeles Times. Archived from the original on 4 April 2015. Retrieved 4 April 2015.
  157. "'Revenge porn' Facebook post leads to jail sentence". BBC News. 3 December 2014. Archived from the original on 9 February 2019. Retrieved 4 April 2015.
  158. Sean Scully. "'Revenge porn' website operator sentenced to 3 years". Napa Valley Register. Archived from the original on 21 August 2016. Retrieved 14 June 2015.
  159. "Archived copy". Archived from the original on 18 August 2023. Retrieved 18 August 2023.{{cite web}}: CS1 maint: archived copy as title (link)
  160. "Archived copy". Archived from the original on 18 August 2023. Retrieved 18 August 2023.{{cite web}}: CS1 maint: archived copy as title (link)
  161. "Archived copy". Archived from the original on 18 August 2023. Retrieved 18 August 2023.{{cite web}}: CS1 maint: archived copy as title (link)
  162. "Archived copy". Archived from the original on 18 August 2023. Retrieved 18 August 2023.{{cite web}}: CS1 maint: archived copy as title (link)
  163. Jacobs v. Seay, 13-1362 6CA0 (Fl. Apr. Apr. 18, 2013).
  164. "New Jersey Revenge Porn Lawyers". Daniel Szalkiewicz & Associates, P.C. Archived from the original on 1 September 2022.
  165. Daniel Szalkiewicz & Associates, P.C. "NYC Admin Code 10-180, Unlawful disclosure of an intimate image". New York Revenge Porn Lawyers. Archived from the original on 15 April 2022. Retrieved 4 April 2022.
  166. "State Cyberstalking and Cyberharassment Laws". National Conference of State Legislatures. 16 November 2012. Archived from the original on 12 October 2013. Retrieved 8 October 2013.
  167. Staff. "Houston woman wins $500,000 in 'revenge porn' lawsuit". abclocal.go.com. Archived from the original on 3 March 2014. Retrieved 3 March 2014.
  168. Staff. "Texas Jury Awards Revenge-Porned Woman Half a Mil". Adult Video News. Archived from the original on 3 March 2014. Retrieved 3 March 2014.
  169. Robertson, Adi (1 March 2014). "Texas woman wins half-million dollar revenge porn lawsuit". The Verge. Archived from the original on 4 May 2022.
  170. Becky Peterson (5 July 2017). "Revenge porn is illegal in California — here's what could happen to Rob Kardashian for tweeting explicit photos of his ex". Business Insider. Archived from the original on 7 December 2018. Retrieved 7 December 2018.
  171. Toups v. Godaddy.com, No. D130018-C (Tex. June 18, 2013).
  172. 47 U.S.C. § 230 Protection for Private Blocking and Screening of Offensive Material Archived
  173. Lichter, Susanna (28 May 2013). "Unwanted exposure: Civil and criminal liability for revenge porn hosts and posters". Harvard Journal of Law and Technology. Archived from the original on 13 October 2013. Retrieved 8 October 2013.
  174. Franks, Mary Anne (18 December 2013). "The Lawless Internet? Myths and Misconceptions About CDA Section 230". huffingtonpost.com. Huffington Post. Archived from the original on 14 August 2015. Retrieved 1 July 2015.
  175. Brito, Jerry (21 October 2013). "Are Laws Against "Revenge Porn" A Good Idea?". Reason. Archived from the original on 19 August 2022. Retrieved 7 September 2022.
  176. Wolf 2014, pp. 255-264 – via HeinOnline (subscription required)
  177. Kelly, Heather (3 October 2013). "New California 'revenge porn' law may miss some victims". CNN. Archived from the original on 28 July 2022. Retrieved 7 September 2022.
  178. 17 U.S.C. § 102 Subject Matter of Copyright: In General].
  179. "Hollie Toups vs Google, Inc., Yahoo!, Inc. and www.myex.com". United States District Court, Eastern District of Texas, Beaumont Division. 6 March 2014. Archived from the original on 29 July 2014. Retrieved 19 July 2014.
  180. United States v. Alvarez, 132 S. Ct. 2537, 2544 (2012) ("[A]s a general matter, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content").
  181. Fuchs, Erin (1 October 2013). "Here's What The Constitution Says About Posting Naked Pictures Of Your Ex To The Internet". Business Insider. Archived from the original on 23 April 2021.
  182. Jeong, Sarah (28 October 2013). "Revenge Porn Is Bad. Criminalizing It Is Worse". Wired. Archived from the original on 25 June 2015. Retrieved 25 June 2015.
  183. Mullin, Joe (22 January 2013). "New lawsuit against 'revenge porn' site also targets GoDaddy". Ars Technica. Archived from the original on 12 October 2013. Retrieved 8 October 2013.
  184. "What is a SLAPP suit?". Lumen. Archived from the original on 2 December 2010.
  185. Rotenberg & Jacobs 2013
  186. "French Penal Code Article 226-1" (PDF). 19 November 2013. Archived (PDF) from the original on 3 March 2016. Retrieved 19 November 2013.
  187. Simpson, Jack (2 July 2014). "Revenge porn: What is it and how widespread is the problem?". www.independent.co.uk. London: Independent UK. Archived from the original on 20 January 2017. Retrieved 7 July 2014.
  188. "Violenza sulle donne, il codice rosso è legge: c'è il sì del Senato". la Repubblica (in Italian). 17 July 2019. Archived from the original on 23 October 2020. Retrieved 19 October 2020.
  189. "Pornhub just removed 10 million videos". sg.news.yahoo.com. Archived from the original on 11 November 2022. Retrieved 11 November 2022.
  190. Grech, Helena (17 April 2017). "Government does not exclude updating current laws on suits for pain and suffering". The Malta Independent. Archived from the original on 18 April 2017. Retrieved 17 April 2017.
  191. "Tulisa Contostavlos v Michael Mendahun and others". bailii.org. 29 March 2012. Archived from the original on 23 September 2015. Retrieved 5 October 2015.
  192. "Tulisa 'sex tape' removed after lawyers obtain injunction". The Daily Telegraph. London. 20 March 2012. Archived from the original on 12 January 2022.
  193. "Social media and criminal offences – Communications Committee Contents". House of Lords. Archived from the original on 11 July 2017. Retrieved 10 September 2017.
  194. "'Revenge porn' laws must be clearer, say Lords". The Guardian. Press Association. Archived from the original on 9 October 2014.
  195. "'Revenge porn' illegal under new law in England and Wales". BBC News. 12 February 2015. Archived from the original on 30 July 2018. Retrieved 21 June 2018.
  196. "Criminal Justice and Courts Act 2015". legislation.gov.uk. Her Majesty's Stationery Office. Archived from the original on 10 July 2015. Retrieved 2 July 2015.
  197. "Event: Revenge Porn: The New Law". ohrh.law.ox.ac.uk. Oxford Human Rights Hub. Archived from the original on 26 June 2015. Retrieved 26 June 2015.
  198. Kleeman, Jenny (3 June 2015). "US woman pursues ex-boyfriend in landmark UK revenge-porn action". The Guardian. Archived from the original on 20 December 2016. Retrieved 13 December 2016.
  199. Luckhurst, Phoebe (9 June 2015). "YouTube star Chrissy Chambers: 'Discovering revenge porn video devastated me". standard.co.uk. London Evening Standard. Archived from the original on 16 August 2018. Retrieved 4 April 2018.
  200. "YouTube star wins damages in landmark UK 'revenge porn' case". The Guardian. 17 January 2018. Archived from the original on 17 December 2018. Retrieved 17 December 2018.
  201. Ann Olivarius (7 December 2018). Revenge Porn: The Naked Truth. TEDx Talks. Archived from the original on 18 November 2021 – via YouTube.
  202. Huber, Antoinette Raffaela. "Revenge porn law is failing victims – here's why". The Conversation. Archived from the original on 19 April 2020. Retrieved 8 April 2020.
  203. "Revenge porn: Government to review image-based sexual abuse law". BBC News. 26 June 2019. Archived from the original on 6 July 2019. Retrieved 9 July 2019.
  204. "New 'revenge porn' law comes into force". BBC News. 3 July 2017. Archived from the original on 8 January 2020. Retrieved 8 April 2020.
  205. "Revenge porn: More than 200 prosecuted under new law". BBC News. 6 September 2016. Archived from the original on 7 September 2016. Retrieved 7 September 2016.
  206. "Sexting teens can go too far". Philadelphia News. 14 December 2008. Archived from the original on 31 January 2010. Retrieved 27 March 2014.
  207. Seidman, Karen. "Child pornography laws 'too harsh' to deal with minors sexting photos without consent, experts say". National Post News – Canada. Archived from the original on 27 March 2014. Retrieved 27 March 2014.
  208. Matyszczyk, Chris. "Teen charged with child porn for allegedly tweeting nude selfies". Cnet.com. Archived from the original on 14 July 2014. Retrieved 27 March 2014.
  209. Effron, Lauren. "I Love You, You're Perfect, but Watch What You Facebook: Social Media Prenups". abcnews.go.com. ABC News, Good Morning America. Archived from the original on 8 June 2014. Retrieved 9 June 2014.
  210. Staff. "'Revenge Porn' Increasingly Added to Marriage Prenups". AVN.com. Adult Video News. Archived from the original on 9 June 2014. Retrieved 9 June 2014.
  211. MacDonald, Ross (1996). The Drowning Pool. New York: Vintage Books. p. 156. ISBN 0-679-76806-8. Divorce is not what he wants. I've begged him for a divorce every day for the last six months. He wanted to keep me under his fat thumb for the rest of his life, and that was his way of doing it. If I stepped out of line just once, he was going to let Rico sell the film for distribution. They'd be showing it for years at stag parties and conventions and after-hours nightclubs. My face is known. What could I do?
  212. "BBC Three announces Zara McDermott: Revenge Porn (w/t)". BBC. 13 March 2020. Archived from the original on 13 July 2022. Retrieved 16 July 2022.

Further reading
Look up revenge porn in Wiktionary, the free dictionary.
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.