Many of us now spend much of our lives online—connecting through Facebook, Snapchat, Twitter, and the like. And while these digital social networks can provide endless entertainment, the fun and convenience sometimes come with a price. Case in point: the rise of so-called revenge porn.
Revenge porn, for those who may be mercifully unfamiliar, got its name from the vengeful actions of jilted lovers who post nude photos or sex tapes without their former partner’s consent. According to the Cyber Civil Rights Initiative, revenge porn is more properly described as nonconsensual pornography, as it consists of “the distribution of sexually graphic images of individuals without their consent.”
What’s being done?
Legislation doesn’t move as quickly as technology, but the states are trying to keep up. To date, 35 states and the District of Columbia have enacted laws to deal with the rising issue.
California, often on the leading edge of libel and defamation protections, was one of the first to address revenge porn by adding it to the state’s list of existing computer crimes. The first conviction under the new law happened in 2015 when Noe Iniguez was sentenced to a year in jail and 36 months of probation.
How can you protect yourself?
So, what can you do if you’ve been a victim of revenge porn? First, know that you aren’t helpless. Even if you live in a state that doesn’t have a specific law to deal with your situation, the existing defamation laws such as libel (written defamation) or slander (spoken defamation) can also cover online violations.
Social media companies can also be important, if sometimes complicated or difficult, allies. In April 2017, Facebook announced new tracking technology to help proactively identify revenge porn posts. The social media giant already maintains an anti-revenge porn policy that allows victims to report harassment. Twitter and Snapchat have similar policies. If you took the photo in question, you might also have rights under copyright and infringement laws.
You can also get help via the free and anonymous Avvo Q&A page or by contacting a lawyer who can speak to copyright and privacy issues.
