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FuelMix - ATTITUDE AND ILLUMINATION

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Saturday, March 24, 2018

Revenge Porn 3

6.  Nailing The Bastard Who Did It



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Copyright vests in the lawful copyright holders
 
(3)  Taking legal action

1.  Considering all the noise being made to globally control the Web, there are no uniform laws concerning revenge porn.

2.  Depending on location, the laws specifically against revenge porn are either non-existent or, may exist at a state or provincial level or, may exist at both state and federal level. Note that in the absence of an overriding federal law, if the victim and offender live in different states, it may be necessary to take legal action in both states.

3.  Note also that revenge porn laws apply to legally underage offending teenagers uploading revenge porn images of another underage teenager.  Instead of being charged under child pornography laws, they can be charged with distributing an invasive image, or threatening to upload an invasive image.

4.  Even if there are no nationwide laws specifically against revenge porn where you live, the fact remains that the unauthorized sharing of a sexual image can still end up being a criminal offence under existing laws:

  • Harassment
  • Stalking
  • Intimidation
  • Blackmail
  • Extortion
  • Breach of Privacy Laws - unauthorized use of personal identifying information
  • Hacking of computer or peripherals or mobile phone
  • Identity Theft
  • Incitement - when your image is uploaded to other sites and users are invited to comment
  • If the victim was underage, child porn laws might apply.
5.  Civil proceedings may also be possible for harm to personal and professional reputation.  Remember in civil cases, you start the action.  In criminal cases, you will have to persuade the police to bring it.

6.  Also, notifying government agencies that a revenge porn website is engaging in unfair, criminal and unethical business practices may get you some relief and put the heat on the proprietors of that website.

7.  And for those gay men thinking of getting into a formal relationship with a Significant Other...? A prenuptial agreement that contains terms specifically dealing with privacy issues and ownership of sexually explicit images PLUS undertakings not to spread them if the relationship breaks.  After all, if you decide who gets to keep the Lalique crystal vases, why should your dick pics be any different..?

Originally published 26 March 2017
Republished 24 March 2018

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