Revenge porn or « revenge pornography » is an increasingly widespread phenomenon on the internet. Until recently, this type of cyber violence was still considered by the courts to be a violation of privacy. Since 28 September, the Penal Code has imposed harsher penalties on perpetrators of this offence.
What is «revenge porn»?
The « revenge pornography »is an act of revenge that involves disseminating intimate photos of a person without their consent. The victims are mostly women and the perpetrators are mainly men. The trigger for revenge porn is often a break-up. The boyfriend or girlfriend is in possession of intimate photos of their ex-partner and does not hesitate to distribute them because they feel upset or hurt.
Indeed, among adolescents who are gradually discovering their sexuality, it is not uncommon to reveal one's body through webcam on chats or sending intimate photos to one's boyfriend or girlfriend as proof of love. In this era of overexposure and image sharing on social media (Facebook, Instagram, Pinterest, Snapchat and Periscope), this phenomenon is experiencing exponential growth.
What are the consequences?
Many case of revenge pornography are currently causing a stir online. Delphine Meillet, a lawyer at the Paris Bar, reminds us of the suicides of Tiziana Cantone in Italy in early October and 19-year-old Océane, who threw herself in front of a train live on Periscope, the app dedicated to live. This year, a case of revenge porn was revealed on Facebook. A 15-year-old girl met Sebastian Bickerton-King, aged around 20, on the social network. The boy and girl «flirted» and began a long-distance relationship. They sent each other intimate photos and videos, which Sebastian carefully stored in a folder called « my slut », («my slut»). Some time later, the girl decided to break up with him. Sebastian immediately threatened to reveal the contents of her file on Facebook. More than 500 people – including her family and friends – received the teenager's racy photos and videos. The girl's parents filed a complaint and the investigation quickly traced Sebastian. He was sentenced to 12 months in prison and the teenager, who is now depressed, no longer wants to return to school, where her classmates received the photos. These stories are just a few examples of many cases of revenge pornography, the aim of which is to humiliate the victim.
What does the law stipulate?
Despite the scale of this violence, only twenty-six US states have passed laws to combat this phenomenon. Victims have even launched a movement to regain control of their image. « Broadly » meets with women, collects their testimonies and assists them with legal proceedings. In France, the phenomenon has grown so rapidly that victims have found themselves facing a legal vacuum.
On the occasion of the vote to adopt the Digital Republic Act, The Senate also adopted an amendment concerning the revenge pornography. From now on, this offence will no longer be considered a violation of privacy, which is punishable by only one year in prison and a €45,000 fine. Revenge porn is now punishable by two years in prison and a €60,000 fine. France is therefore one of a number of countries, including the United Kingdom and the United States, that strongly condemn this form of cyber violence. Since state laws have taken this new phenomenon into account, several convictions have already been handed down. In California, the founder of a website revenge pornography was sentenced to 18 years in prison. France therefore has a long way to go to provide real protection for victims of revenge pornography, but the revision of the Penal Code seems encouraging.
Source: Huffington Post
