Introduction:
… This Note does argue, though, that because of the valid First Amendment violations present, criminalizing revenge porn is not the best method by which to seek redress against an offender, but rather, states should enact civil causes of action specifically against revenge porn. Further, this Note argues that an affirmative consent standard should apply, in which only the victim’s consent to distribute each image would be sufficient to permit another to do so. This affirmative consent approach would act as a means by which to encourage potential disseminators – if they wished to disseminate the explicit photographs of another – to take appropriate steps to avoid liability for themselves and harm to their victims. This Note proposes that failure to take the appropriate steps should trigger a civil cause of action, which ultimately provides a practical approach that empowers victims as individuals – rather than as members of society at large, as would be the case in a criminal cause of action – to pursue and receive adequate justice … (more)
Jessica M Pollack, ‘Getting Even: Empowering Victims of Revenge Porn With a Civil Cause of Action’, 80 Albany Law Review 353 (2017).
First posted 2017-07-14 09:26:41
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