“Revenge Porn” is a 21st century term of art that encompasses the non-consensual sharing of private, intimate images or videos. This area of the law is new, so definitions can vary from state to state. For these purposes, “private” means photos taken without any intent of distribution by anyone other than subject of the photos. “Intimate” does not only include nudity, but can also reference other compromising clothed or unclothed content.

Dealing with revenge porn is extremely time sensitive. Once personal content is published, it tends to rapidly spread on social media sites, forum sites, and pornography sites. Clean up can quickly become financially burdensome and administratively unmanageable. Additionally, you can lose valuable data points that can help you identify your attacker.

Once you determine you are a victim of revenge porn, it is important identify your goals. The most common goals for revenge porn victims are content removal, identifying anonymous attackers, and seeking civil damages. Civil damages can help offset the costs of removal and mitigate reputational damages and emotional distress.

Some states have criminal statutes under which revenge porn can be prosecuted, while others have civil torts that can encompass revenge porn. For example, civil recourse can be pursued through privacy torts, including publication of private facts.

If you think you are the victim of revenge porn, download this guide and check out our suggestions on what to do.

For further questions, please contact Internet & Defamation Attorney Alexandra Arko (ALA@kjk.com).