Resisting Revenge Pornography: When Victims Strike Back

Abstract

This article is a case commentary which examines a recent decision of the Ontario Superior Court of Justice - Jane Doe 464533 v ND, 2016 ONSC 541. The case represents an important precedent which applies particular common law torts for the first time in Canada to an instance of revenge pornography and where the court awarded damages. Drawing from similar decisions from Australia and the United States, the article examines the Doe court's use of these common law torts as well as the damages awarded. Furthermore, the article argues that the case represents an avenue through which victims of revenge pornography may use civil litigation as a form of resistance to the oppression that this phenomenon represents.

Keywords: revenge porn, revenge pornography, Ontario, Canada, Australia, United States, Tort law, breach of confidence, public disclosure of private facts, intentional infliction of mental distress, general damages, aggravated damages, punitive damages, resistance, victim, agency

JEL Classification: K13, K41, K42