What is Revenge Porn? Legal Definition and Remedies

Revenge porn is the posting of explicit photos or videos of another person without his or her permission, commonly by exes or a significant other. These videos or photos may have been consensual at the time they were taken, but once they are posted without one party’s permission, liability can ensue.

Is Revenge Porn a Real Issue?

It actually is a bigger issue than most people think. With the advancement of technology, the world has become a much smaller place. The internet serves as one of the fastest and easiest ways to disseminate information. In the case of revenge porn, the information that is disseminated is an invasion of another person’s privacy. (Check out Revision Legal’s podcast from last spring about privacy on the Internet.)

Revenge Porn Laws

It may be shocking to know that in most states it is not against the law to post people’s photos or personal information without their permission. Many people may assume that laws regarding invasion of privacy, violation of right of publicity, or defamation would provide protection in a revenge porn scenario. However, revenge porn is unique because it is not a false portrayal and in most cases there are no commercial purposes for the posting.

Currently 26 states have criminalized revenge porn and other states are making ways to prosecute the offense by expanding other laws such as invasion of privacy or harassment provisions. Criminalizing revenge porn has been the topic of much debate. Last year it was reported by U.S. News and World Report that Congress was working on a bill that could criminalize revenge porn in federal law.

It is not clear whether a national stance will be taken or if states will continue to make the decision of how to deal with the situation. The one thing that is clear is that there are real victims who are suffering from revenge porn acts. These victims deserve justice and there are lawyers and policy makers who are working to make sure that the harm caused by revenge porn actors is redressed.

Are You a Victim of Revenge Porn?

If someone has posted explicit pictures or videos of you on the internet without your permission, you may be a victim of revenge porn. To find out more information or if your state has revenge porn laws please contact Revision Legal’s internet attorneys through the form on this page or call 855-473- 8474.

Photo credit to Flickr user GreggMP.