A pro-con debate about revenge porn legislation

A case for:

“Crimes of a sexual nature come with heaping doses of victim blaming. At the least the victim is pummeled with questions like, “What were you thinking? Are you stupid? Why would you do that?” At its worst, victims are shunned by family, ostracized from social circles, fired from jobs and even kicked out of college.

But what about the perpetrators? What happens to them?

Nothing. They get to carry on with their lives, smug in the knowledge that they got the revenge they sought.

Perpetrators of revenge porn have the support of the states in which they reside because their behavior is not considered criminal. Legislators give these beasts the golden ticket to ruin lives while scorning victims for being stupid.”

A case against:

“Because criminal laws addressing this phenomenon target the sharing of lawful images – expression protected by the First Amendment – they must be carefully crafted to avoid chilling lawful and everyday Internet activity and narrowly targeted to the particular harm that is intended to be addressed. In order to pass constitutional muster, five principles must be adhered to. First, the law must require proof of an intent to cause harm. Second, the law must require that actual harm be caused. Third, the law must apply only to the person in the relationship who violated an understanding of confidentiality regarding the images, not third party recipients who further disseminate the images. Fourth, the statute must clearly and narrowly define what images will create criminal liability. Fifth, there must be an exception for depictions related to matters of public concern.”

 

The articles start on page 10. This link will lead you to the full Summit 2014 edition of the Daily Record

http://www.pageturnpro.com/Publications/201401/1191/55583/pdf/130335939219234173_annap_summit_web.pdf

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