Revenge Porn and Non-Consensual Image Sharing: What You Need to Know
Your Private Images Are Yours. Unauthorized Sharing Can Have Serious Consequences.
Few things are more personal than an intimate photograph or video. When someone shares that material without your permission, the consequences can be overwhelming.
Non-consensual sharing of intimate images is commonly referred to as “revenge porn.” A broader and increasingly common term is image-based abuse, which recognizes that this conduct can occur for many reasons and is not limited to former romantic partners.
If someone has shared, threatened to share, or distributed intimate images of you without your consent, you may have legal options.
Queener Law helps individuals understand their rights and evaluate potential legal remedies involving unauthorized intimate images, online harassment, privacy violations, and related conduct.
What Is Image-Based Abuse?
Image-based abuse occurs when someone distributes or threatens to distribute an intimate image or video of another person without that person’s authorization.
The circumstances can vary widely. A former partner may post private photographs after a breakup. Someone may use intimate images as a means of harassment, intimidation, or control. A person may obtain an image through unauthorized access and distribute it online. Increasingly, technology can also be used to create manipulated or artificial images that falsely portray someone in a sexual situation.
Regardless of how it happens, the consequences can be significant.
Unauthorized intimate images can quickly spread through social media, websites, messaging applications, and other digital platforms. Once an image has been copied and redistributed, controlling where it appears can become extremely difficult.
Victims may experience:
- Emotional distress
- Anxiety or depression
- Damage to personal relationships
- Damage to professional reputation
- Lost income or employment opportunities
- Harassment or threats
- Financial losses
- Fear for personal safety
- Ongoing concern that the images will continue to resurface
You should not have to face these consequences alone.
You Did Not Consent to the Distribution
One of the most important distinctions in these cases is the difference between consenting to create or privately share an image and consenting to its distribution.
You may have willingly taken an intimate photograph or video and sent it to someone you trusted.
That does not necessarily mean you authorized that person to share the material with other people or publish it online.
The circumstances surrounding how an image was created or obtained can be important, but the unauthorized distribution itself may give rise to legal remedies depending on the facts and applicable law.
What Should You Do If Someone Shares Your Private Images?
Discovering that intimate images have been shared without your permission can be frightening and confusing. Taking practical steps quickly may help preserve evidence and protect your legal interests.
1. Preserve Evidence
Before contacting the person responsible, preserve as much information as possible.
Take screenshots of:
- The images or videos
- Websites where the material appears
- Social media posts
- Usernames and profile information
- Messages and threats
- URLs and website addresses
- Dates and timestamps
- Communications with the person responsible
Do not assume that online content will remain available. Posts can be deleted, accounts can disappear, and websites can change.
2. Report the Unauthorized Content
Most major websites and social media platforms have procedures for reporting intimate content shared without permission.
Keep copies of any reports you submit and any responses you receive.
3. Avoid Further Distribution
When preserving evidence, be careful not to unnecessarily forward or repost intimate material. Preserve only what is reasonably necessary to document what happened and discuss the evidence with appropriate professionals.
4. Consider Contacting Law Enforcement
Depending on the circumstances, you may wish to report the conduct to law enforcement, particularly if the situation involves threats, stalking, harassment, extortion, domestic violence, or concerns for your physical safety.
5. Speak With an Attorney
A lawyer can review the specific circumstances and help determine what state and federal laws may apply to your situation.
6. Document Your Damages
Keep records of counseling, medical treatment, lost income, relocation expenses, travel, and other costs associated with the incident.
Documentation may become important if you pursue a civil claim.
Can You Get Unauthorized Images Removed?
In many cases, pursuing removal of unauthorized content should be an immediate priority.
Depending on where the material appears and the circumstances involved, potential strategies may include:
- Reporting the content directly to the website or platform
- Sending formal removal requests
- Sending cease-and-desist correspondence
- Requesting removal from social media platforms
- Seeking removal or deindexing from search engines
- Pursuing applicable copyright or DMCA remedies
- Seeking a court order requiring removal or preventing further disclosure
- Identifying individuals or entities responsible for continued distribution
The appropriate strategy depends on the specific facts of the case.
An attorney can help evaluate where the content has appeared, who may be responsible, and which legal avenues may be available.
What If Someone Threatens to Release Your Images?
Sometimes the images have not yet been published.
Instead, someone may threaten to release them unless you comply with a demand, provide money, remain in a relationship, or take some other action.
A threat to distribute intimate images should be taken seriously.
Preserve the messages, emails, social media communications, phone records, and other evidence containing the threat. Avoid deleting communications that could later become important evidence.
If you believe you are in immediate danger, contact law enforcement or emergency services.
An attorney can also help you understand what legal remedies may be available based on the specific circumstances.
AI-Generated Images and Deepfakes Create New Risks
Advances in artificial intelligence have created another form of image-based abuse.
Someone can take an ordinary photograph and use artificial intelligence or other technology to create a realistic-looking image or video that falsely portrays the person in a sexually explicit situation.
These manipulated images are sometimes referred to as deepfakes.
The fact that an image is fabricated does not necessarily make the resulting harm any less serious. A realistic fake image can damage someone’s reputation, relationships, employment, and emotional well-being.
Federal law has also developed in response to the growing problem of unauthorized intimate imagery, including certain digitally manipulated content.
If someone has created, distributed, or threatened to distribute an intimate image involving your likeness, it is important to preserve the evidence and discuss the circumstances with an attorney.
Federal Law May Provide Additional Remedies
Depending on the circumstances, federal law may provide additional avenues for individuals whose intimate images have been disclosed without authorization.
For example, 15 U.S.C. § 6851 provides a federal civil cause of action relating to the disclosure of intimate images.
Federal law and state law may provide different remedies, requirements, and procedures. Whether a particular law applies depends on the facts of the situation.
Because image-based abuse laws continue to evolve alongside technology, an attorney should evaluate your circumstances before you decide what legal action to pursue.
What Compensation May Be Available?
The financial impact of image-based abuse can extend far beyond the initial disclosure.
Depending on the facts and applicable law, potential damages in a civil case may include losses associated with:
- Emotional distress
- Anxiety and depression
- Psychological treatment
- Medical expenses
- Lost wages or income
- Professional harm
- Damage to personal reputation
- Relocation expenses
- Other financial losses
- Other damages recognized under applicable law
In some circumstances, additional forms of damages or injunctive relief may also be available.
Every case is different. The potential value of a claim depends on the evidence, the applicable law, the nature of the conduct, and the harm suffered.
Protecting Your Privacy Matters
Many people hesitate to seek legal help because they are afraid that pursuing a case will bring even more attention to something they desperately want kept private.
Those concerns are understandable.
At Queener Law, we recognize the sensitive nature of image-based abuse cases. Discussing intimate photographs, videos, threats, and online activity can be difficult, and clients deserve to be treated with discretion and respect.
Depending on the circumstances and applicable law, there may be legal mechanisms that can help protect your identity or limit unnecessary public disclosure.
The goal is not simply to address the legal issue. It is also to help you navigate the process with your dignity and privacy in mind.
How Queener Law Can Help
Revenge porn and non-consensual image sharing can involve privacy concerns, rapidly changing technology, online platforms, state law, federal law, and potentially overlapping civil and criminal matters.
At Queener Law, we can help you understand the legal issues surrounding your situation and evaluate the options available to you.
Depending on the circumstances, those options may include pursuing removal of unauthorized content, seeking court-ordered relief, investigating responsible parties, pursuing available civil claims, and addressing the financial and emotional harm caused by the unauthorized disclosure.
In addition, the new Federal Take It Down Act allows us to compel websites to remove all non-authorized intimate visual depictions, even those altered by artificial intelligence.
We understand that no two cases are exactly alike.
Our approach begins with listening to what happened and understanding what you need before determining the appropriate legal strategy.
Contact Queener Law Today
If someone has shared your private images or videos without your permission, you may have legal options. Queener Law can help you understand your rights, explore available removal options, and determine whether legal action may be appropriate. Contact our attorneys to discuss your situation confidentially.