Revenge porn: what it is, what the law says, and how to protect yourself

Revenge porn represents an extremely harmful and rapidly growing form of abuse in the digital age. It involves the public sharing of intimate images or videos without the consent of the depicted individuals, often with the intent to humiliate or seek revenge. This phenomenon not only severely violates the privacy of the victims but can also have devastating psychological consequences and lead to serious legal repercussions for the perpetrators.

In this article, we will explore in detail what revenge porn is, its consequences, the current laws, and the preventive measures that can be adopted.

What is revenge porn?

Revenge porn, also known as non-consensual pornography, is the public sharing of sexually explicit images or videos without the consent of the depicted person, often with the intent to humiliate or harm them. According to a report by the Cyber Civil Rights Initiative, 90% of revenge porn victims are women, and about 93% of victims report significant emotional distress and psychological problems due to the non-consensual distribution of their intimate images. A study by the Data & Society Research Institute found that 4% of adults in the United States have been victims of revenge porn, with higher percentages among young people and minorities. This phenomenon not only violates individual privacy but can also have significant legal consequences for perpetrators, with many countries and states introducing strict laws to combat this form of abuse.

Revenge porn as a crime

The legal aspects of revenge porn vary significantly across different jurisdictions, but there is a growing global recognition of the need for specific laws to address this form of abuse. In the United States, many states have introduced legislation against non-consensual pornography. For example, in California, the law provides for penalties of up to six months in jail and a $1,000 fine. In Europe, the United Kingdom adopted the Criminal Justice and Courts Act of 2015, which makes revenge porn a crime punishable by up to two years in prison. In Italy, Law No. 69 of 2019, known as the "Red Code", introduced the crime of unlawful dissemination of sexually explicit images or videos, with penalties of up to six years in prison.

A famous case is that of Hunter Moore, known as the "king of revenge porn," who was sentenced to two and a half years in prison for running a website that published intimate images without the consent of the involved persons. The legal consequences for perpetrators can include, in addition to imprisonment, financial penalties, compensation for damages to the victims, and the obligation to remove the disseminated content. Legislation is rapidly evolving to keep pace with the growing use of technology and ensure greater protection for victims.

What does the Privacy Guarantor say about revenge porn?

The Privacy Guarantor in Italy has addressed the issue of revenge porn with great seriousness, recognizing the severity of privacy violations and the personal rights of victims. The Guarantor has emphasized the importance of robust protection of personal data and confidentiality, particularly in the digital age, where the unauthorized dissemination of intimate images and videos can occur rapidly and with severe consequences.

In the context of its functions, the Guarantor has fully supported the introduction of the crime of unlawful dissemination of sexually explicit images or videos without the consent of the depicted individuals, as provided by Law No. 69 of 2019 (Red Code). This law aims to provide rapid intervention in cases of domestic and gender-based violence, specifically including revenge porn as a crime punishable by severe penalties.

The Privacy Guarantor has also issued guidelines and recommendations for online platforms and digital service providers, urging them to implement effective measures to prevent the non-consensual dissemination of intimate content. This includes the obligation to promptly remove such content upon the victims' request and cooperate with judicial authorities to identify and prosecute the perpetrators.

Finally, the Guarantor has promoted awareness campaigns to educate the public about the risks of revenge porn and the importance of protecting personal data and privacy online. These initiatives aim to reduce the incidence of these crimes and support victims in the process of reporting and recovery.

What are the legal consequences for those who commit the crime of revenge porn?

The legal consequences for those who commit the crime of revenge porn can be severe and vary depending on the jurisdiction. In Italy, Law No. 69 of 2019, known as the "Red Code," introduced specific penalties for this crime, which can include:

1. Imprisonment: Anyone who distributes, publishes, or transfers sexually explicit images or videos without the consent of the depicted persons is punished with imprisonment from one to six years.

2. Fines: In addition to imprisonment, the perpetrator can be fined between 5,000 and 15,000 euros.

3. Aggravating circumstances: Penalties can be increased if the crime is committed by a partner or ex-partner, if it was committed using information technology or telecommunications, or if the material was distributed to damage the victim's reputation.

4. Compensation for damages: Victims have the right to seek compensation for moral and material damages suffered due to the non-consensual dissemination of images or videos. This compensation can be sought in civil court in addition to criminal penalties.

5. Obligation to remove content: Judges can order the immediate removal of unlawful content from all online platforms and require internet service providers to block access to sites hosting such content.

6. Precautionary measures: During the investigation, the judge can adopt preventive measures such as seizing electronic devices used to commit the crime and banning the perpetrator from approaching the victim.

These legal consequences reflect the commitment of the Italian legislator to combat the phenomenon of revenge porn and protect victims from serious abuses that violate their privacy and dignity.

Psychological consequences for victims of revenge porn

The psychological consequences for victims of revenge porn are often severe and long-lasting, profoundly affecting their mental health and emotional well-being. Here are some of the most common psychological effects:

• Anxiety and depression: Victims often experience high levels of anxiety and depression. The awareness that intimate images have been publicly shared without their consent can lead to feelings of helplessness, despair, and constant distress.
• Post-traumatic stress disorder (PTSD): Many victims develop symptoms of PTSD, including flashbacks, nightmares, and avoidance of situations that remind them of the trauma. This disorder can negatively affect their ability to lead a normal life and relate to others.
• Shame and embarrassment: The dissemination of intimate images can cause a profound sense of shame and embarrassment. Victims may feel judged and stigmatized by society, family, and friends, leading them to socially isolate themselves.
• Low self-esteem: Revenge porn can erode victims' self-confidence and self-esteem. Feeling exposed and vulnerable can make them doubt their personal worth and dignity.
• Relationship problems: Victims may have difficulty trusting others, negatively affecting their personal and intimate relationships. The fear of further betrayal or abuse can lead to emotional closure and communication problems.
• Impact on career and professional life: The publication of intimate images can damage victims' professional reputations, leading to job loss or career opportunities. This can increase stress and anxiety related to economic security and job stability.
• Feelings of revenge or anger: Some victims may experience intense feelings of anger and a desire for revenge against the perpetrators, further complicating their emotional healing process.
• Risk of self-harming behaviors: In extreme cases, psychological distress can lead victims to self-harming behaviors or suicidal thoughts. It is essential that they receive psychological support to cope with these feelings.

It is crucial that victims of revenge porn receive adequate psychological support. Therapies such as individual counseling, support groups, and cognitive-behavioral therapy can help victims process the trauma, rebuild their self-esteem, and develop strategies to manage stress and anxiety.

How to prevent episodes of revenge porn?

Preventing episodes of revenge porn requires a multi-dimensional approach involving preventive measures, education, security policies, and legal support. Here are some effective strategies:

Education and awareness

• Digital awareness: It is essential to educate people, especially young people, about the importance of privacy and the risks associated with sharing intimate images online.
• School programs: Integrate digital safety education and revenge porn prevention into school curricula.
• Awareness campaigns: Promote public campaigns that inform about the dangers of revenge porn and the legal consequences for perpetrators.

Technological security measures

• Privacy settings: Use privacy settings on social media and other online platforms to limit who can see and access shared content.
• Device protection: Ensure that electronic devices are protected with strong passwords and two-factor authentication.
• Secure storage: Avoid saving intimate images or videos on mobile devices or the cloud; use external and secure storage instead.

3. Communication and consent

• Informed consent: Ensure that all involved parties are fully aware and give their consent before taking or sharing intimate images.
• Open dialogue: Maintain open and honest communication in relationships about sharing intimate content and privacy expectations.

Laws and policies

• Adequate legislation: Support the introduction and enforcement of strict laws against revenge porn that provide significant penalties for perpetrators.
• Company policies: Encourage tech companies and online platforms to implement rigorous policies against the dissemination of non-consensual content, including quick mechanisms for removing content and reporting abuse.

Legal support and resources

• Legal assistance: Provide access to legal advice for revenge porn victims, helping them understand their rights and take legal action against the perpetrators.
• Support organizations: Collaborate with organizations that offer psychological, legal, and practical support to victims.

Culture of respect and responsibility

• Promoting respect: Promote a culture of mutual respect and responsibility in relationships, emphasizing the importance of handling intimate images and videos with the utmost discretion.
• Social condemnation: Create an environment where revenge porn is clearly condemned and stigmatized, reducing social tolerance for such behaviors.

Prevention technologies

• Detection software: Use advanced software and technologies to detect and block the dissemination of non-consensual intimate content.
• Monitoring tools: Implement monitoring tools on social media and other platforms to identify and promptly remove inappropriate content.

By adopting these preventive measures and promoting greater awareness, it is possible to significantly reduce the risk of revenge porn episodes and better protect potential victims.

What to do in case of non-consensual pornography?

In the case of non-consensual pornography (revenge porn), it is essential to act quickly to limit the damage and protect the victims' rights. Here are the steps to follow:

• Collect evidence: Keep copies of screenshots, links, and any communication related to the material's dissemination. This evidence will be useful for legal investigations.
• Report to authorities
  • File a police report: Go to the police or carabinieri and file a formal complaint. Provide all collected evidence and explain the situation in detail.
  • Contact the Privacy Guarantor: In Italy, you can contact the Privacy Guarantor to report the violation and request assistance in removing the content.
• Report to online platforms
  • Request removal: Report the content to the online platforms where it has been published (e.g., social media, websites, forums). Most platforms have specific procedures for removing non-consensual content.
  • Technical support: Use the resources offered by platforms for privacy protection and abuse reporting.
• Legal assistance
  • Consult a lawyer: Contact a lawyer specializing in privacy and online reputation law. The lawyer can provide legal assistance to take action against the perpetrators and seek damages.
  • Protection orders: In some cases, it may be possible to obtain a restraining order against the perpetrator to prevent further abuse.
• Protection of personal data
  • Update privacy settings: Review and strengthen privacy settings on social media and other online platforms. Limit who can see and access your content.
  • Change credentials: Change the passwords of your online accounts to prevent unauthorized access.
• Education and prevention
  • Information and prevention: Educate yourself and others about the importance of online privacy and preventive measures to avoid such situations.
  • Awareness campaigns: Participate in or support awareness campaigns on revenge porn to increase public awareness and promote a culture of respect and responsibility.
• Continuous monitoring
  • Periodic checks: Regularly monitor the internet to ensure that the content has been completely removed and not republished elsewhere.
  • Alert tools: Use alert and monitoring tools to be promptly informed if the content reappears online.

By following these steps, it is possible to effectively manage a revenge porn incident, limiting the damage and protecting the victims' rights and dignity.

Revenge porn: the role of investigative agencies

An investigative agency can play a crucial role in revenge porn cases, offering a range of specialized services to support victims and collaborate with legal authorities. Here are the main contributions that an investigative agency can provide:

• Evidence collection
  • Identification of perpetrators: Use investigative techniques to identify the perpetrator of the unlawful dissemination of intimate images or videos. This can include analyzing digital data, IP tracking, and other forensic techniques.
  • Documentation of evidence: Collect and document relevant evidence that can be used in legal proceedings, such as screenshots, recordings, and file metadata.
• Digital forensic analysis
  • Data recovery: Use forensic analysis tools to recover deleted or hidden data that may be relevant to the case.
  • Tracking dissemination: Analyze the dissemination path of the intimate material online, identifying the platforms and individuals involved in the distribution chain.
• Collaboration with authorities
  • Legal assistance: Provide support to legal authorities and the police with detailed information and evidence collected during the investigation.
  • Court testimony: Investigators may be called to testify in court, presenting the evidence collected and explaining the methods used to obtain such information.
• Victim counseling
  • Security counseling: Advise victims on how to improve their digital security and protect their personal data in the future.
  • Psychological and legal support: Collaborate with lawyers and psychologists to offer integrated support to victims, ensuring they receive the necessary assistance on all fronts.
• Content removal online
  • Contact with platforms: The agency can directly contact online platforms to request the removal of unlawful content, using their expertise to expedite the process.
  • Continuous monitoring: Offer monitoring services to ensure that removed content is not republished and to quickly identify new violations.
• Training and prevention
  • Education and training: Provide training programs for companies, schools, and individuals on how to prevent revenge porn and protect their online privacy.
  • Development of security policies: Help organizations develop and implement security policies to protect their employees and members from such threats.

An investigative agency provides specialized expertise that can be essential to resolving revenge porn cases. Their ability to collect evidence, analyze digital data, collaborate with authorities, and support victims makes their role crucial in combating this type of crime.