Has someone shared a private intimate video/picture of you?
The first instinct is to freak out because you are not sure what to do. One of your biggest worries is probably that you don’t want family or friends seeing it and especially not employers. Well take a deep breath because you’re not the first person this has happened to, so we’re here to help!
How do I get the pictures taken down?
I want to take legal action.
Once the images are removed, you may want to look into legal action. It’s a crime to post an intimate picture of individuals without consent, however, holding the person criminally accountable won’t change the harm done to you and your reputation. In that case, civil lawsuits can be more beneficial in bringing justice for victims of revenge porn. Although a minimally explored area in law, due to the newness of the internet, in recent years laws, have been created and adapted to better serve victims of non-consensual distribution of porn.
Previously in cases regarding the non-consensual distribution of porn, victims have sued for copyright infringement. This usually applies when the photos were taken by the victim themselves, most commonly known as selfies. Therefore, they have ownership of that image. If the image of them is shared without their consent, they can sue for copyright infringement which can range from $100 to $20,000 for every time the photo is used without consent. Furthermore, since the victim owns the copyright, internet companies are required to obey the Copyright Act, and therefore must deny service to access any website that infringes on copyright law. This makes the images harder to access. You can also sue for defamation, which is when someone spreads inaccurate information about your character. This type of lawsuit is popular especially in revenge porn cases since there are usually captions to the images that are damaging to an individual’s reputation. A lawsuit can also be filed for intentional infliction of mental suffering caused by the non-consensual distribution. Civil law has many avenues to pursue a lawsuit regarding non-consensual distribution of intimate photos ensuring justice for the victim.
How am I protected in legal proceedings?
Many victims fear that pursuing legal action risks creating a bigger spotlight on the issue. However, courts acknowledge the sensitivity of the matter, and often in the case of non-consensual porn allow the legal name of the individuals to not be used in the proceedings. Similarly, courts may allow publication bans to keep the hearings private.
What remedies are provided through legal action?
Explore More
- May 27, 2021
Non-Consensual Distribution of Pornography
Has someone shared a private intimate video/picture of you?
The first instinct is to freak out because you are not sure what to do. One of your biggest worries is probably that you don’t want family or friends seeing it and especially not employers. Well take a deep breath because you’re not the first person this has happened to, so we’re here to help!
How do I get the pictures taken down?
I want to take legal action.
Once the images are removed, you may want to look into legal action. It’s a crime to post an intimate picture of individuals without consent, however, holding the person criminally accountable won’t change the harm done to you and your reputation. In that case, civil lawsuits can be more beneficial in bringing justice for victims of revenge porn. Although a minimally explored area in law, due to the newness of the internet, in recent years laws, have been created and adapted to better serve victims of non-consensual distribution of porn.
Previously in cases regarding the non-consensual distribution of porn, victims have sued for copyright infringement. This usually applies when the photos were taken by the victim themselves, most commonly known as selfies. Therefore, they have ownership of that image. If the image of them is shared without their consent, they can sue for copyright infringement which can range from $100 to $20,000 for every time the photo is used without consent. Furthermore, since the victim owns the copyright, internet companies are required to obey the Copyright Act, and therefore must deny service to access any website that infringes on copyright law. This makes the images harder to access. You can also sue for defamation, which is when someone spreads inaccurate information about your character. This type of lawsuit is popular especially in revenge porn cases since there are usually captions to the images that are damaging to an individual’s reputation. A lawsuit can also be filed for intentional infliction of mental suffering caused by the non-consensual distribution. Civil law has many avenues to pursue a lawsuit regarding non-consensual distribution of intimate photos ensuring justice for the victim.
How am I protected in legal proceedings?
Many victims fear that pursuing legal action risks creating a bigger spotlight on the issue. However, courts acknowledge the sensitivity of the matter, and often in the case of non-consensual porn allow the legal name of the individuals to not be used in the proceedings. Similarly, courts may allow publication bans to keep the hearings private.