05/13/2013 10:04 am ET

How To Fight Revenge Porn


Victims of non-consensual pornography, sometimes called "revenge porn," often receive little help from the law. Many who to try to fight the malicious and unconsented sharing of their explicit photos or videos cannot overcome the numerous hurdles to vindication. Plaintiffs like Holly Jacobs, who, according to her lawyer, is the first Floridian to sue an ex for their alleged distribution of non-consensual pornography, are told that offending websites receive broad immunity, that it's hard to identify the individual wrongdoers, and that once your explicit photo is shared with others, it is no longer "private."

This narrative is common but incomplete. Many players in these disputes have discounted the fact that non-consensual pornography is often, at base, a brazen and legally actionable breach of confidence. This underestimation is unfortunate because confidentiality can offer a viable cause of action for victims as well as a better way to talk about an intimate partner's duty of protection.

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