4 ms·

Do you support any consequences for revenge porn?

Dracophoenix 5y ago
Before one can answer that, one would have to know what a proper legal definition of "revenge porn" is. If you're referring to today's overbroad interpretation that has swept legislatures across the country, then I would say there should be no legal consequences at all. I'm firmly convinced those laws should be repealed and the cases involved reheard. However, if you're referring to something much narrower and applicable with in the framework of the First Amendment as it is currently, then I could consider a limited and proportionate civil fine appropriate.
- rectang 5y ago
  For example: a man records a video of his girlfriend performing a solo sex act. Before the recording, they discussed the matter via text and it was clear from the written record that the video was only for their own use and would never be shared with anyone else. Later, he uploads the video to PornHub, in direct contravention of her wishes and their previous understanding. Should there be consequences?
  - esyir 5y ago
    Sounds like a contract violation to me under current law.
  - Dracophoenix 5y ago
    As another commenter examined, that sounds like a contract violation and would already incur a civil fine. In such a case one would have to prove at least three elements: * that there was an oral or written contract * that said contract was made by two informed and sober parties * that one party uploaded the video to Pornhub against the wishes of the other and not anyone else.
    - deleted 5y ago
      [deleted]
    - rectang 5y ago
      Well, although civil suits are an utterly inadequate stratagem given the scope of the problem (which includes millions of victims who are not practially in a position to pursue and win a suit), at least it's something.
      - Dracophoenix 5y ago
        Criminalizing speech would not solve the issue. The example you cite involves two private parties engaged in a contractual dispute. There are millions of those every week. Barring the involvement of criminal behavior such as theft or extortion, a civil court is the only forum to adjudicate these matters. The point of a court, criminal or civil, is not to invent legislation favorable to the most sympathetic party. The point is to interpret the law within the constraints it was written under.
        rectang 5y ago
        As a practical matter, throwing the matter to civil court ensures a vast epidemic of revenge porn. There are a lot of people who don't think that's a big deal. But there are also a lot of people who do: 46 US states have have passed laws criminalizing revenge porn. There are lots of problems which are theoretically resolvable by civil courts but where the results would be too inefficient or incomplete and so criminal statutes have been passed. Criminal legislation to stem revenge porn is happening, even if you would rather it not.
        Dracophoenix 5y ago
        "Revenge porn" laws have been on the books for about a decade or so and haven't slowed it down at all. In fact, all they've done is push it further underground. The only practical effect has been on the media of distribution, not if or to what degree "revenge porn" is distributed. That most legislatures across the country favor over-broad criminalization does not make your claim meaningfully representative of the people who are subject to these laws or of the courts who will ultimately adjudicate the issue. Every case is tried on its own merits, not ones prescribed by popularity or mere practicality.

Before one can answer that, one would have to know what a proper legal definition of "revenge porn" is. If you're referring to today's overbroad interpretation that has swept legislatures across the country, then I would say there should be no legal consequences at all. I'm firmly convinced those laws should be repealed and the cases involved reheard. However, if you're referring to something much narrower and applicable with in the framework of the First Amendment as it is currently, then I could consider a limited and proportionate civil fine appropriate.

rectang 5y ago
For example: a man records a video of his girlfriend performing a solo sex act. Before the recording, they discussed the matter via text and it was clear from the written record that the video was only for their own use and would never be shared with anyone else. Later, he uploads the video to PornHub, in direct contravention of her wishes and their previous understanding. Should there be consequences?
- esyir 5y ago
  Sounds like a contract violation to me under current law.
- Dracophoenix 5y ago
  As another commenter examined, that sounds like a contract violation and would already incur a civil fine. In such a case one would have to prove at least three elements: * that there was an oral or written contract * that said contract was made by two informed and sober parties * that one party uploaded the video to Pornhub against the wishes of the other and not anyone else.
  - deleted 5y ago
    [deleted]
  - rectang 5y ago
    Well, although civil suits are an utterly inadequate stratagem given the scope of the problem (which includes millions of victims who are not practially in a position to pursue and win a suit), at least it's something.
    - Dracophoenix 5y ago
      Criminalizing speech would not solve the issue. The example you cite involves two private parties engaged in a contractual dispute. There are millions of those every week. Barring the involvement of criminal behavior such as theft or extortion, a civil court is the only forum to adjudicate these matters. The point of a court, criminal or civil, is not to invent legislation favorable to the most sympathetic party. The point is to interpret the law within the constraints it was written under.
      - rectang 5y ago
        As a practical matter, throwing the matter to civil court ensures a vast epidemic of revenge porn. There are a lot of people who don't think that's a big deal. But there are also a lot of people who do: 46 US states have have passed laws criminalizing revenge porn. There are lots of problems which are theoretically resolvable by civil courts but where the results would be too inefficient or incomplete and so criminal statutes have been passed. Criminal legislation to stem revenge porn is happening, even if you would rather it not.
        Dracophoenix 5y ago
        "Revenge porn" laws have been on the books for about a decade or so and haven't slowed it down at all. In fact, all they've done is push it further underground. The only practical effect has been on the media of distribution, not if or to what degree "revenge porn" is distributed. That most legislatures across the country favor over-broad criminalization does not make your claim meaningfully representative of the people who are subject to these laws or of the courts who will ultimately adjudicate the issue. Every case is tried on its own merits, not ones prescribed by popularity or mere practicality.