Prior to the advent of the Internet, it was significantly harder to distribute non-consentual adult photographs and videos. Physical photographs and video tapes could only be shown to a small group of people. The increase in the speed of communications, however, has brought with it new perils for women and men subject to non-consentual pornography, or what many have termed, revenge porn.
Revenge porn is defined as adult content posted to the Internet without the consent of one or more participants. With the enactment of Section 230 of the Communications Decency Act, which provides blanket immunity to websites that allow for user generated uploads or submissions, revenge porn has unfortunately become a viable business model. After a breakup, jilted ex-lovers often upload private and potentially embarrassing photos to these websites in an attempt to harass the targeted ex-partner.
Revision Legal’s revenge porn attorneys have helped victims of revenge porn on numerous occasions. If you are the victim of revenge porn, there are several civil or criminal causes of action that may apply, such as:
- Copyright infringement, provided you are the photographer or have received an assignment of rights;
- Intrusion upon seclusion;
- False light invasion of privacy;
- Harassment;
- Stalking;
- Intentional infliction of emotional distress; and
- Negligent infliction of emotional distress.
If you are the victim of revenge porn, it is important that you contact an attorney immediately. Once a photograph or video has been indexed by third party tube, photo, or other aggregator websites, it becomes increasingly difficult to control the problem because the content can quickly spread. Consequently, it is important that you do not wait to address the issue, as it is unlikely to go away.
If you are a revenge porn victim, contact us today.
