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Revenge porn is defined as posting sexually explicit content without consent, with the intent of humiliation, shame or blackmail. Revenge porn is a violation of  privacy and can result in extreme emotional trauma. 

Revenge porn is a serious form of assault, and as such, it is crucial that instances are reported to the police and the public prosecutor. There are several criminal acts that can be used as a legal basis to prosecute the posting of revenge porn. 

Sexual harassment (art. 182b of the Criminal Code):  filing a motion for the initiation of proceedings is a precondition to start the procedure. This means that you must inform the police and the public prosecutor - a standard procedure - as well as file a motion to initiate the proceedings. 

ADVICE: File the motion. The courts are a crucial component of protection against revenge porn.

Unauthorised wiretapping and recording (art.143 of the Criminal Code ), unauthorised taking of photos (art. 144), unauthorised publishing and presentation of another’s texts, portraits, and recordings (art.145 of the Criminal Code ), are other charges that refer to illegal recordings, and could be utilized to prosecute cases in which video was made without consent, even if it was not posted online.  These procedures carry private criminal charges, which means that you, the filing party,  must present the identity of the perpetrator, and as many details and as much evidence as you can (for example, where the recordings are stored, where the camera could have been placed during the recording, etc.). 

Your physical safety is the highest priority when it comes to protection.

If your harasser intentionally positions themself in your physical vicinity, you can request a court issued emergency restraining order. 

Document any and all recordings, comments, threats and other forms of harassment as crucial evidence for initiating protection mechanisms and/or court proceedings.

Seek support from CSOs, women’s support networks, and others who can help you choose the best way to protect yourself. 

Report any and all recordings, comments, threats and other forms of harassment to the platforms where they have been posted, and find out more about take down procedures on  Facebook and other platforms. 

And don’t forget, even if you originally gave your consent to be filmed, this does not imply consent for sharing that content. You are not to blame for being targeted with this type of assault.

 If you ever feel that the online violence you’re experiencing, might transition into the physical world, call the police → immediately. 

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As the result of structural power inequality, false accusations, even if proven untrue, have the potential to inflict serious and lasting reputational damage on the accused. 
 

This type of attack can also be considered a form of pressure on freedom of expression, and it is difficult to ensure protection in this case. 

In the case that a false accusation results in the endangerment of safety, protection under art. 138 of the Criminal Code is available. In this case, public prosecutors and police are mandated to follow up, investigate and responsible for protection. As the filing party, you are responsible for collecting evidence needed for filing the criminal charges. This charge provides stricter sanctions if the target is a (female) journalist.

ADVICE: Explain in detail how, why and when you feel unsafe, and detail your concern for the safety of your family and loved ones. These details could be the key to success when it comes to court proceedings.

For harm suffered in the form of damage to reputation and dignity, compensation may be claimed through civil legal proceedings initiated via a lawsuit. Before initiating this type of lawsuit, the identity of the perpetrator as well as evidence substantiating the claim of identity manipulation and resulting harm must be provided.

Document how false accusations have caused you harm. If accusations have been published online, request that the website or platform remove this information. 

If the amount of content posted becomes too much to collect, ask your friends, and family to help you document false accusations and report them to the websites or platforms. 

Publicly commenting on or calling out  accusations is another way to address the attack, but do a preliminary risk assessment to evaluate the potential for negative reactions and amplification of the false accusations. 

 

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