Revenge Porn Laws Around the World
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The non-consensual sharing of explicit photos and video, commonly known as revenge porn, is a worsening problem in many parts of the world. Frequently this material was originally taken and shared consensually between intimate partners, but after a break-up, one partner uploads it publicly to humiliate their ex. Revenge porn was once seen as something of a teenage mischief.
However, there is a growing movement to recognize the gravity of this behavior, which can upend the lives of victims and make it difficult for them to hold jobs or maintain relationships, leading in some cases to mental health decline and suicide.
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Governments Respond to the Rise of Revenge Porn
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Revenge porn frequently crosses international boundaries, but there is still no global framework for dealing with it. Many countries, such as the UK, have recently enacted national laws specifically outlawing revenge porn and punishing perpetrators with jail time or big fines.
In England and Wales, revenge porn became illegal in April 2015 and carries a maximum jail time of two years. Northern Ireland and Scotland passed similar laws in 2016. Some people have criticized the British law because it requires victims to prove evidence of deliberate intent, thus eliminating prosecution for people who simply share the images without knowing who they are. However, as of September 2016, there were more than 200 legal actions in England and Wales under the new law.
In the US, there is no national law, but 34 states have enacted legislation that can be utilized to address revenge porn. Many of these laws have been successful in taking down large sites that host revenge porn, and owners have received jail time in Ohio and California. However, prosecution criteria and protection for victims can vary across state boundaries.
Global Legislation on Revenge Porn
revenge porn laws
Other countries around the world have even more diverse approaches to revenge porn. This is a small sample of ten countries and what they have done (or not done) to deal with this problem.
France — France also already has privacy protections in place which can be enforced for revenge porn. French penal code forbids the distribution of pictures “taken within a private place without the consent of the person concerned.”
Denmark — Denmark’s parliament has been campaigning for stronger revenge porn laws for almost a year now, after several perpetrators who had published photos of teenage girls received only minor fines. New measures passed in 2017 will include up to two years jail time as well as more support for victims who report incidents.
Italy — Italy has not enacted “specific laws” applying to revenge porn. In one particularly tragic case from September 2016, a young woman committed suicide after an ex posted an intimate video of her on the internet.
Canada — Bill C-13, popularly called the Cyberbullying Act, came into effect in April 2015. As well as protecting children from online harassment and bullying, the law can be extended to adult victims of revenge porn. The first big breakthrough came in January 2016 when courts awarded more than $100,000 in damages to a woman whose ex had posted a private sex tape of her.
Australia — Like the US, there is no national law in Australia, however two states, Victoria and South Australia, have already outlawed revenge porn, and New South Wales is in the process of introducing legislation. Maximum penalties include two years in jail in Victoria and either a $10,000 fine or two years in jail in South Australia.
Philippines — In 2009, the Philippines was one of the first countries to nationally ban revenge porn. Perpetrators will serve a minimum sentence of three years in jail time.
Israel — Israel updated the Sexual Harassment Bill in 2014 to include sharing intimate photos without the subject’s consent. Revenge porn is considered a sex crime in Israel and penalties are some of the harshest, with up to five years in jail.
Japan — Japan passed laws against revenge porn in November 2014 that carry a maximum sentence of 500,000 yen or three years in jail. The first successful conviction in February 2015 was against a man who distributed physical pictures of his nude girlfriend in a mall parking lot.
Germany — Germany has very strict laws on privacy which have been successfully enforced to address revenge porn. In May 2014, courts ruled in favor of a revenge porn victim, requiring her ex-partner to delete all intimate photos of her. Later cases have given women the right to “revoke consent” and demand a partner to delete intimate images at any time, even if they’re only held privately.
China — China has one of the largest problems with online revenge. As well as the more typical instances of revenge porn, some attacks take the form of a mass vigilante effort known as a “human flesh search engine”, which is aimed at publicly shaming people accused of various crimes. There is still no law addressing this type of behavior.
Read, What is Revenge Porn?