What You Need to Know About the Federal Laws Surrounding Revenge Porn
Revenge porn is the unauthorized sharing of private, sexual images of children or adults. There are laws against revenge porn in 46 states plus the District of Columbia. Laws against revenge porn are set to become federal by the end of the year.
As part of the Violence Against Women Act Reauthorization Act 2022, the addition of Section 1309 will establish a federal civil cause of action for nonconsensual porn, making revenge porn a federal crime. The federal law targeting the unauthorized sharing of intimate images will take effect on October 1, 2022. If able to prove the defendant knowingly distributed a victim’s sexual images without their consent or with reckless disregard for their status of consent, victims of revenge porn will be able to file a federal lawsuit.
What is Revenge Porn?
The intentional distribution of nonconsensual porn, otherwise known as “revenge porn” is a type of sexual harassment where an individual shares explicit images or videos of a person without their knowledge or consent. Most often, the distribution of images is done with the intent to harass or intimidate the victim, or with reckless disregard for the status of consent by the victim.
Related: Revenge Porn Laws in California
Revenge porn can come in many forms, but most often include nudity in private areas, or an individual performing a sexual act. Revenge porn can be a form of abuse or sexual harassment. Many laws surrounding nonconsensual porn limit it to photos/videos/films of genitals, breasts, anuses, or an individual performing a sexual act, but there are many different ways revenge porn can take form, such as:
- Deepfakes of individuals performing sexual acts
- Hidden camera photos that are sexual in nature
- Upskirt photos unbeknownst to the victim
- Sharing of intimate photos that go beyond the context of an intimate relationship
Oftentimes, revenge porn is posted with the name or other identifying information of the victim which makes it easier for the victim to charge the perpetrator for cyber crimes or computer crimes as well.
Laws Surrounding Revenge Porn
Currently, 46 states plus the District of Columbia have nonconsensual porn laws. Most include the need for proof of intent to harass the victim, and specifically outline what falls under porn such as showing genitalia or performing a sexual act. As part of Congress’s Consolidated Appropriations Act 2022 they have added Section 1309 to the Violence Against Women Act Reauthorization Act of 2022 (VAWA). Effective October 1, 2022, Section 1309 implements a federal law targeting the unauthorized sharing of private, intimate images of children and adults. Alongside the various statewide laws concerning revenge porn, Section 1309 of VAWA will allow the person whose image has been leaked to file a federal lawsuit against the distributor. With this new addition to VAWA, offenders can be imprisoned for up to two years only for threatening to distribute private images.
What to do if You Are a Victim of Revenge Porn
If an individual feels they are a victim of revenge porn, there are a few things they should know. As it stands, revenge porn websites are protected by Section 230 of the Communications Decency Act that states when the website is solely a channel for third-party users to post content, it is not responsible for what users post. If the website engages in the publication of the content then they are liable for lawsuits. If that is not the case the individual will have to go after the original distributor.
Related: How to File a Revenge Porn Lawsuit in California
One option is getting a court order to remove content based on a criminal or civil legal claim in line with the individual’s state laws. If an individual’s state does not have civil laws regarding the non-consensual sharing of private digital content, an individual can also pursue a civil lawsuit for intentional infliction of emotional distress or privacy torts. This will require a private attorney and will be more likely to work when suing the original malicious poster, rather than a website that has uploaded the images.
Individuals also have copyright protections over any image they have taken themselves. If this is the case with a revenge porn photo, individuals can send a Digital Millennium Copyright Act (DMCA) takedown notice to remove private images from the internet. When the VAWA Reauthorization Act 2022 is passed in October 2022, victims of revenge porn will officially be protected by federal law and have further options available.
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