Revenge Porn: The Name Doesn't Do Nonconsensual Pornography Justice and the Remedies Don't Offer the Victims Enough Justice
32 Pages Posted: 26 Feb 2020
Date Written: January 29, 2020
This article analyzes the efficacy of the legal environment relevant to the developing phenomenon of non-consensual pornography. The overarching issue is that technology and changing mores have developed more quickly than the ability of the legal environment to address the harm caused by non-consensual pornography. Changes in technology, including the advent of social media and websites that feature user-generated content, in conjunction with the ease of taking and sharing digital photographs and video (particularly on smartphones, tablets, and mobile devices) has spawned the phenomenon of non-consensual pornography. The article is composed of five parts. Part I reviews the definition of non-consensual pornography and some of the relevant research. Part II provides context by reviewing incidents of non-consensual pornography. Damages suffered by the victims of non-consensual pornography are reviewed in Part III. Part IV analyzes and evaluates the current legal and regulatory environment and its shortcomings. The article concludes with recommendations for change.
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