Revenge Porn: The Name Doesn’t Do Nonconsensual Pornography Justice and the Remedies Don’t Offer the Victims Justice

This article analyzes the efficacy of the legal environment relevant to the developing phenomenon of non-consensual pornography. The overarching issue is that technology and changing mores have developed more quickly than the ability of the legal environment to address the harm caused by non-consensual pornography. Changes in technology, including the advent of social media and websites that feature user-generated content, in conjunction with the ease of taking and sharing digital photographs and video (particularly on smartphones, tablets, and mobile devices) has spawned the phenomenon of non-consensual pornography. The article is composed of five parts. Part I reviews the definition of non-consensual pornography and some of the relevant research. Part II provides context by reviewing incidents of non-consensual pornography. Damages suffered by the victims of non-consensual pornography are reviewed in Part III. Part IV analyzes and evaluates the current legal and regulatory environment and its shortcomings. The article concludes with recommendations for change.