A new federal law protects revenge porn victims

Earlier this year, Congress passed a new federal law giving victims of nonconsensual pornography (commonly referred to as “revenge porn”) the right to sue their victimizer.  The law is titled “Civil action relating to disclosure of intimate images” and is codified at 15 U.S.C. § 6851.  In order to make a claim under this law, certain criteria must be met.

• What is covered?

The law applies to “intimate visual depictions”.  An intimate visual depiction is defined as “the uncovered genitals, pubic area, anus, or post-pubescent female nipple of an identifiable individual” OR “the display or transfer of bodily sexual fluids”.  A person who discloses an “intimate visual depiction” of someone else (without consent) violates the statute.

• Who can recover?

The law protects “depicted individuals”.  So any claim under this new law belongs to the person who appears in the intimate visual depiction.

• What time period is covered?

The law applies to conduct occurring after October 1, 2022.

• What relief is available?

The law provides liquidated damages in the amount of $150,000, plus attorneys fees. The law also allows victims injunctive relief including temporary restraining orders, preliminary injunctions, or permanent injunctions.

• Can I stay anonymous?

Yes!  The law allows the preservation of anonymity for victims.  In other words a Plaintiff can use a pseudonym such as “Jane Doe” or John Doe”.

• Are there any exceptions?

Yes.  Distribution of commercial pornographic material cannot form the basis of a revenge porn lawsuit under this law.  Also, there are exceptions for disclosures made in good faith to law enforcement, medical providers, public interest disclosures and disclosures to assist the victim.

•  If I am a victim, what is my next step?

You should contact a lawyer who is experienced with this statute and this area of law.  We would be glad to speak with you.  Use the contact form on this website for a free consultation with an experienced lawyer.