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"A comprehensive, collaborative elections resource."
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How to Fight Revenge Porn
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| Parent(s) |
Issue
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| Contributor | Jason |
| Last Edited | Jason May 11, 2013 09:42pm |
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| Category | General |
| News Date | Saturday, May 11, 2013 03:00:00 AM UTC0:0 |
| Description | Victims of non-consensual pornography, sometimes called "revenge porn," often receive little help from the law. Many who to try to fight the malicious and unconsented sharing of their explicit photos or videos cannot overcome the numerous hurdles to vindication. Plaintiffs like Holly Jacobs, who, according to her lawyer, is the first Floridian to sue an ex for their alleged distribution of non-consensual pornography, are told that offending websites receive broad immunity, that it's hard to identify the individual wrongdoers, and that once your explicit photo is shared with others, it is no longer "private."
This narrative is common but incomplete. Many players in these disputes have discounted the fact that non-consensual pornography is often, at base, a brazen and legally actionable breach of confidence. This underestimation is unfortunate because confidentiality can offer a viable cause of action for victims as well as a better way to talk about an intimate partner's duty of protection.
The most common civil remedies for non-consensual pornography are ineffective or ill-fitting. Even for those who have suffered greatly, the financial and emotional cost of a lawsuit is often too much to justify fighting back. The Streisand Effect discourages many would-be plaintiffs from filing a lawsuit out of fear of bringing even more unwanted attention to them. For those willing to bear the cost of enforcing their rights, successful claims are still extremely elusive. |
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