Revenge porn

Revenge porn is the distribution of sexually explicit images or videos of individuals without their consent,[1] with the punitive intention to create public humiliation or character assassination out of revenge against the victim. The material may have been made by an ex-partner from 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 psychoactive chemicals 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]

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][3] The term is also often misused to describe non-revenge scenarios, including nonconsensual pornography distributed by hackers or by individuals seeking profit or notoriety[4][5] (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 target individual (a process known as doxing), typically names and locations, and can include risque comments, links to social media profiles, home addresses, and workplaces.[6][7] 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.[8] 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."[9]

Jurisdictions which have passed laws against revenge porn include Canada,[10] Germany, Italy, Israel, Singapore,[11] Spain,[12] the United Kingdom, 49 out of 50 states of the United States, Washington, D.C.,[13][14] the U.S. military[15][16] and U.S. overseas territories including Puerto Rico and Guam.[17][18] Australia has also passed a law at the Commonwealth level that commenced on 1 September 2018.[19][20] The Australian states and territories of South Australia,[21][22] Victoria,[23] New South Wales,[24] the Australian Capital Territory,[25] the Northern Territory,[26] Queensland,[27] Western Australia,[28] and Tasmania,[29] have complementary state level laws that criminalize this behaviour. Furthermore, Australia also has a civil penalties scheme.[30]

In recent years the rise of computer-generated imagery and synthetic media technology has raised concerns about the rise of revenge porn made using deepfake pornography techniques. As of 2023 in the U.S. states of New York, Virginia, and California, it is illegal to disseminate pornographic images created using image generation technology without the consent of subjects depicted in the image.[31][32]

  1. ^ a b 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. ^ Davis Kempton, Stefanie (2020). "Erotic Extortion: Understanding the Cultural Propagation of Revenge Porn". SAGE Open. 10 (2). doi:10.1177/2158244020931850.
  4. ^ 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.
  5. ^ Hayward & Rahn 2015
  6. ^ Bazelon, Emily (25 September 2013). "Why Do We Tolerate Revenge Porn?". Slate. Archived from the original on 25 September 2013.
  7. ^ Larson, Eric (21 October 2013). "It's Still Easy to Get Away With Revenge Porn". Mashable. Archived from the original on 23 April 2022.
  8. ^ Keats Citron, Danielle (29 August 2014). "'Revenge porn' should be a crime in U.S." CNN. Archived from the original on 1 September 2022.
  9. ^ 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.
  10. ^ "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.
  11. ^ Cite error: The named reference SGRVP was invoked but never defined (see the help page).
  12. ^ 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.
  13. ^ "49 States + DC + Two Territories Now have Laws Against Nonconsensual Distribution of Intimate Images". Cyber Civil Rights Initiative. Archived from the original on 31 May 2024. Retrieved 31 May 2024.
  14. ^ 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.
  15. ^ 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.
  16. ^ "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.
  17. ^ 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.
  18. ^ Network, Pacific Daily News Staff Reports, Pacific Daily News USA TODAY (12 February 2020). "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)
  19. ^ 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.
  20. ^ 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.
  21. ^ 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.
  22. ^ 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.
  23. ^ 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.
  24. ^ 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.
  25. ^ 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.
  26. ^ 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.
  27. ^ 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.
  28. ^ 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.
  29. ^ 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.
  30. ^ "Civil penalties scheme". Australian Government Office of the eSafety Commissioner. Archived from the original on 6 March 2019. Retrieved 6 March 2019.
  31. ^ "Taylor Swift AI-generated explicit photos just tip of iceberg for threat of deepfakes". USA TODAY. Retrieved 26 January 2024.
  32. ^ "New York Bans Deepfake Revenge Porn Distribution as AI Use Grows". news.bloomberglaw.com. Retrieved 26 January 2024.