AirTalk for April 18, 2013

Florida may pass legislation making revenge porn illegal

Using computer in bed

iStockPhoto

What can victims of revenge porn do if photos and information were posted without their consent?

Revenge porn websites, where an angry ex posts sexually explicit photos or videos of a former lover, have fallen into a legal gray area for decades. Victims often find private photos of themselves posted on websites with their name, links to social media sites and even their address or phone number. But because current law protects the right to post these photos, there is often no recourse to get the content removed.

Now, Florida is close to passing a bill to make it illegal to post nude pictures of someone online along with identifying information without written consent. The bill would subject violators to a third-degree felony punishable by up to five years in prison, five years of probation and a $5,000 fine.

Would a bill that bans this type of post online be violating the constitutional protection of free speech? What can victims of revenge porn do if this kind of content was posted without their consent? How can you protect yourself and your personal information so you don’t end up a victim of revenge porn?

Guest:
Mary Anne Franks, Law professor at the University of Miami School of Law


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