Protection against revenge porn

What it is

The right against revenge porn is criminal-law protection against the non-consensual dissemination of sexually explicit images or videos of you.

Revenge porn (Art. 612-ter Criminal Code) is a crime when someone:

• sends, delivers, hands over, publishes or spreads images or videos with sexually explicit content,
• that were meant to remain private,
• without your consent,
• with the aim of causing harm (to damage, blackmail, humiliate, take revenge).

The elements of the offence

Sexually explicit content

• Nudity, full or partial.
• Sexual acts.
• Sexual poses.
• Even if not pornographic in the strict sense.

Originally meant to be private

• Images taken in a private setting.
• Sent voluntarily to a partner or a trusted person.
• Never intended for public distribution.

No consent to dissemination

• You did not authorise publication or sharing.
• Even if you originally agreed to take or send them.
• Consent to sending privately is not consent to dissemination.

Harmful purpose

• Revenge (for example by an ex-partner).
• Blackmail (sexual extortion, sextortion).
• Public humiliation.
• Damage to reputation.

Punishable conduct

Distribution by an ex-partner

The classic scenario:

• during the relationship, intimate photos or videos are exchanged consensually;
• when the relationship ends, the ex publishes them for revenge;
• on social media, in groups, on porn sites, or sends them to the victim’s acquaintances.

Even if:

• the photos or videos were sent voluntarily;
• the relationship was consensual;
• the content is genuine, not manipulated.

Distribution by a trusted person

• A friend you sent the content to in confidence.
• An acquaintance who publishes it as a “joke” or out of spite.
• Someone who gains access to your device or cloud.

Distribution after theft or hacking

• A hacker who gets into your smartphone or computer.
• A stolen device and the content spread from it.
• Unauthorised access to a cloud service (iCloud, Google Drive).

Sexual blackmail (sextortion)

• Someone obtains intimate photos or videos of you.
• They threaten: “Pay me, or send me more content, or I publish everything”.
• It is a double offence: revenge porn and extortion (Art. 629 Criminal Code).

Pornographic deepfakes

• Fake sexually explicit videos or images,
• created with artificial intelligence by inserting your face,
• spread as if they were real.
• Even if the content is fake, it is a crime if you are recognisable.

When it does not apply

Explicit consent to dissemination

• You authorised publication in writing.
• You took part in producing content knowingly intended for distribution.

Content that is not sexually explicit

• A photo in a swimsuit at the beach.
• Images without nudity.

You published it yourself

• You voluntarily publish your own intimate photos.
• There is no dissemination by third parties.