It is illegal for individuals or companies to publish or distribute pornographic materials of another individual without their consent. Laws make it clear that intimate images must be protected. Individuals are thereby protected by law against cases of unwanted published pornography, instances of “revenge porn,” or other related sensitive invasions of privacy.
Until relatively recently, despite the legal morass related to social media content and publishing unwanted materials, there were few privacy protections for individuals. But newer laws now regulate “commercial pornographic content,” which require consent–an affirmative, conscious, and voluntary authorization made by an individual, free from force, fraud, misrepresentation, or coercion.
Individuals whose face or body appears in whole or in part in an intimate visual depiction and who is identifiable by their face, likeness, or other distinguishing characteristic (such as a unique birthmark or other recognizable feature) or from information displayed in connection with the visual depiction, now have more privacy rights regarding the distribution of intimate images.
It is illegal to transfer, publish, distribute, or make accessible any intimate images of individuals without their consent.
How Do you Define Consent?
Proving consent is critical to any revenge porn case. The law establishes the fact that just because an individual consents to the creation of the photo or depiction does not mean the person consented to its widespread distribution.
Even if an individual discloses an intimate visual depiction (sends or texts a nude photo to someone) that individual has no right to forward that personal material. The original sender does not necessarily “consent” for that image or depiction to be further disclosed to others.
In the case of an individual who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the individual may assume the identifiable individual’s legal rights.
What is Considered Pornography?
The law references “intimate visual depictions,” which means a visual depiction, as that term is defined as such:
- The uncovered genitals, pubic area, anus, or post-pubescent female nipple
- The display or transfer of bodily sexual fluids in contact with that person’s form
Can I Sue for Revenge Porn?
An individual may recover the actual damages sustained by the individual or liquidated damages in the amount of $150,000, and the cost of attorney’s fees and other litigation costs.
To further protect a plaintiff, courts may grant injunctive relief to maintain the confidentiality of a plaintiff using a pseudonym.
Individuals may not bring legal action after consenting to commercial pornographic content, unless that content was produced by force, fraud, misrepresentation, or coercion of the depicted individual.
Contact The Lyon Firm following any revenge porn incident or if any individual or company is publishing your likeness in relation to intimate visual depictions.
