The Law vs Revenge Porn: What to do When Your Nudes Leak

If you’ve seen Netflix’s The Most Hated Man on The Internet, then you’re familiar with the concept of revenge porn. And if you haven’t seen it, then spoiler alert!

This mini-series made rounds in the middle of July 2022. It tells the story of a woman whose daughter was a victim of revenge porn, and the extent she was willing to go to protect her daughter.

But first, what is revenge porn?

It is the act of revealing sexually explicit images or videos of a person, especially on the internet, without due consent. Revenge Porn is a common phenomenon among former lovers or intimate partners with a vendetta against persons they were intimate with. It’s also used by blackmailers to extort money from victims consistently.

Although this horrible act gained prominence in the early days of the internet, the law has been quite slow in catching up with the different forms of revenge porn. This is why Hunter Moore got away with this crime for so long.

Brief Synopsis

Hunter Moore was a big deal in the early days of the internet, between 2010 and 2012. He created a website called IsAnyoneUp.com, where he posted nude pictures of people just for fun.

The website had a disclaimer stating that it was not liable for posting these photos because they were provided by other people. And since there were no laws against revenge porn then, this statement of indemnity worked.

Hunter would link the social media pages of his victims to their nude images on his site, giving his followers access to bully and harass these people. He built a large cult online, where many scorned lovers took the opportunity to humiliate their former partners by posting their nude pictures on the site.

His followers would leave hurtful and degrading comments on these posts, and even on the social media pages of the victims, which Hunter and his cult enjoyed. At that time, social media was evolving and there were no laws on revenge porn. So everything Hunter did was technically legal.

One day, a young lady named Kayla Laws got a call that her nude pictures had been posted to the site. Hunter also linked her Facebook page to the post, so many of his followers left degrading and sexually explicit messages on her profile page.

Kayla opened up to her mother Charlotte Laws, stating that she had never sent the images to anyone. She only backed them up on her email when her phone storage was full. Charlotte believed her, and together they sent messages to Hunter Moore asking him to please take down the images. He refused.

After this, Charlotte began investigating Hunter Moore and his website. She spoke to some of his other victims and gathered sufficient evidence against him. She submitted this to the FBI, and they launched an investigation against him.

Image Source: Instagram

Meanwhile, Hunter had built a cult online, where he and his followers encouraged and participated in all kinds of debauchery. He did drugs and alcohol frequently and would tell women to sniff cocaine off his penis. Ladies were lining up to have sex with him, and he was more or less a god to his fans.

The FBI could not arrest Hunter for posting naked images of people, so they relied on investigating his suspected hacking activities. After speaking to other victims like Kayla, they successfully built a case against Hunter and his hacker.

In 2015, Hunter Moore pleaded guilty to one count of identity theft and one count of aiding and abetting unauthorized access to a computer. He was sentenced to two years in prison and was made to pay a fine. He was released in 2017.

What To Do If You Are A Victim Of Revenge Porn

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If you have ever been intimate with anyone, you can be a victim of revenge porn. They can record the intimate act with or without your consent. And even if you’ve never been intimate, you can still be a victim too. Remember Kayla Laws?

Some perverts can spy on you and make recordings of you undressing in the comfort of your room. They can hack your phone and release private pictures of you on the internet. Some people have even been drugged, stripped naked, and filmed. There’s really no limit to what people can do.

So while you protect yourself from this horrible crime, you also need to stay knowledgeable. You are much stronger when you are informed, so you wouldn’t be an easy target to intimidate or blackmail.

Here’s a list of things you can do:

1. Criminal Action

One way to handle this situation is to report it to the police immediately. They have an entire ICT department with IT experts that can track who posted the video or images and bring them to justice. Cybercrime laws today prohibit the distribution of pornographic materials without the express consent of those in the images or videos.

For instance, Australia’s Enhancing Online Safety (Non-consensual Sharing of Intimate Images) Act 2018 offers comprehensive legal protection against revenge pornography. Issues like consent, what qualifies as pornographic material, punishment for the crime, and even how to take down such pornographic material from the internet are all covered in the Act.

In California, Section 647 (j)(4) of the Penal Code provides that when a person intentionally distributes private images of intimate body parts of another or images of someone engaged in a sexual act without consent, such a person is guilty of revenge porn.

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In Nigeria, section 23 and 24 of the Cybercrime Act 2015 gives some protection against revenge porn. It prohibits the distribution of sexual images of a person using a computer, intending to cause them harm. Any person found guilty of this crime can face up to 3 years imprisonment, pay a fine of N7,000,000, or face both.

However, the Act is silent on the issue of consent and fails to address pornographic material acquired from a computer. So when a person prints the image and shows it to people without sharing it through a computer system, will the provisions of the Act apply? Despite these loopholes, the Act provides a minimal form of protection against revenge porn.

In Israel, a person found guilty of revenge porn could face up to 5 years of jail time and is required to register as a sex offender. Under Canadian Law, section 162 of the Protecting Canadians From Online Crime Act 2014 prescribes a maximum punishment of 5 years for this crime.

This Act provides a detailed explanation and definition of revenge porn. It covers distribution, sales, transmission, advertisement, or making pornographic material available under any circumstance, without due consent. It also identifies what kind of materials are considered pornographic, including materials that expose the genital organs, show any form of sexual activity, or materials where the subject would have a reasonable expectation of privacy.

South Africa’s Films and Publications Amendment Act 2019 criminalizes the distribution of sexual images or videos without the consent of the subject. Any person found guilty may be required to pay as much as R150,000 or face up to 2 years imprisonment.

While the legal provisions on revenge pornography continue to evolve, many countries have taken note of this crime and put legislation in place to protect the public. So if you ever find yourself in this situation, report to the police immediately, or seek the help of a qualified legal practitioner in your region.

2. Copyright Infringement

Image Source: Pixabay

In the simplest terms, copyright is the absolute right a person has over his creation. It could be a photograph, a video, a book, or any work of art. It is a type of intellectual property right, just like patents and trademarks. The creator has exclusive rights to use his creation, and anyone who intends to use it must seek his permission.

One exception to this requirement is the concept of fair use. Fair use allows a person to use the creation without the author’s permission if this use relates to certain purposes. The court will consider factors like the nature of the creation, the purpose of use, how much of the work was copied, and how this use affects the value of the creation. Examples of fair use include news reports, research or academic purposes, and criticism or commentary.

If you originally took these explicit pictures or made the videos by yourself, then you own all IP rights for these works. So if a person posts or redistributes them without you giving them the license to do so, you can sue them for a lot of money! But don’t take my word for it, check out what happened in this case, just so you get an idea of what copyright is about.

Jane Doe v. David K. Elam II

A former law student using the alias “Jane Doe” sued her ex-boyfriend for revenge pornography and copyright infringement. According to her, she sent him nude photos of herself when the pair maintained a long-distance relationship.

After they fell out, Elam posted these nude images and videos on the internet and sent links to her mother and classmate in law school. Impersonating her, he also posted these materials on different porn sites which made some members of the public reach out to her to solicit sex. Even though she obtained a restraining order against him and asked him to take them down, he refused.

Eventually, she registered the materials at the U.S Copyrights Office and filed an action for copyright infringement. She also claimed damages for emotional distress, cyberstalking, and impersonation. The court ruled in her favour and awarded her damages worth 6.4 million dollars!

There are many cases on revenge porn and copyright infringement respectively, but this particular case offers the victim another way out, and to some extent, gives an opportunity to control the publication and distribution of the content.

Revenge porn is a gross violation of privacy. It is most common among vengeful partners or persons with a personal vendetta against the victim. But even people who redistribute such videos and images for fun, out of spite, or for any reason at all are just as guilty. So before you share those humiliating sexual images of someone, ask yourself if it is worth it.

Please note, if a person already made his/her nude images available through a public platform and someone redistributes them, it does not qualify as revenge porn. It may however be subject to copyright laws.

3. Human Rights: Breach of Privacy

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One of the fundamental human rights recognized by both domestic and international law is the right to privacy. So while you report the crime committed against you, you can also bring a civil action for a breach of your right to privacy. Just like in the case above, you can recover damages for the injury you suffered, such as emotional distress or public humiliation.

Human rights cases are usually given more attention by courts, so including this in your claim could be an added advantage. This claim for breach of privacy is especially effective when the person acquired the images without your consent, such as by hacking or gaining unwarranted access to your phone, computer, or social media accounts.

It also comes in handy when the sexual images or video was captured without informing you or getting your approval. Please note, that consent must not be acquired through fraud, exploitation, or by force. It must be direct, express, unambiguous, and given willingly. So even if you consented under different circumstances and you feel you were forced or deceived, you could still get a legal remedy, so please seek help immediately.

Conclusion

Although the conversation on revenge porn began before 2010, it was Hunter Moore and his activities that drew the most attention to the subject. He ruined so many lives and got away with it for so long because there were no laws on revenge porn at that time.

Legislators must take proactive measures to develop adequate laws that protect against revenge porn. Yet despite this, each of us must do our part to protect ourselves and others from this horrible crime. Many perpetrators get away with this crime because they rely on the ignorance, fear, and shame they inflict on their victims. So how can this change?

First, avoid sharing explicit images of other people, no matter how big the scandal may be. This act can have catastrophic effects on the victims, including anxiety, depression, loss of confidence, negative impact on their social life, public shame, and worse still, suicide. No one deserves such a horrible fate, no one at all.

More importantly, avoid taking or sending nude images or videos to third parties, because there is always a risky side to this. And if you must, we advise you to not show your face in these images or videos no matter what.

Yet if for any reason you ever find yourself in this position, feel free to take us up on our advice. We understand that victims of this crime tend to suffer in silence, alone and confused. So please, if you know anyone who has been a victim of revenge porn, or you have some advice on what they can do, let us know in the comment section, or reach out to us privately so we can help.

After all, two good heads, they say, are always better than one.