Revenge Porn: Divorce Vengeance

Many couples, using cell phone, take photos/videos of themselves and partners in various forms of undress and performing certain sex acts.  Usually, these photos/videos are taken with an expectation of privacy, that they would be shared only between the parties (often husband and wife).  In a recent episode of HBO’s “The Newsroom”, one newscaster character was mortified when an ex-boyfriend posted compromising photos of her online. 

This does not happen just on TV.  Here in Rhode Island, ex-spouses and ex-lovers post these photos online or text them to third parties including the other party’s family, or a new boyfriend or girlfriend.  Transmissions of these photos and videos can end a new relationship, interfere with a job or application for employment and cause embarrassment.  One may give consent to have a photo taken by a lover while not consenting to posting these photos or videos online or disseminating them to third parties. 

California’s Legislature is considering this issue with a possible resolution of having the vindictive ex-lover go to jail for up to a year.  Some people see this as a battle between the rights of victims against the principles of freedom of expression.  New Jersey has a law on the books and Florida has also debated this issue. 

Of course, the better course of action is not to take photos/videos or allow others to take photos/videos that you would not want broadcast over the internet, to strangers or family.   When involved in a divorce situation, make sure your mediator and/or lawyer puts a provision in your agreement attempting to protect you from this sharing of property that you expected to have kept private; in divorce mediation, when sitting at the table, bring up the subject and suggest that both parties delete the photos or videos before going any further.  I suggest using a clause in the final settlement contract that includes a stiff financial penalty if there is dissemination of the private material. 

Source:  ‘Revenge Porn’ Could be Criminal Offense in California, by Somini Seingupta, NY Times, August 27, 2013.