How to remove 'revenge porn' or non-consensual pornography

 

What is Non-Consensual Pornography?

Often called “revenge porn,” non-consensual pornography is when someone posts a photo or video of another person in a revealing or sexual situation, without the pictured person's permission. Some people post private images as 'revenge' after a break-up, but other people post images or videos just to embarrass, humiliate, or blackmail the person in the photo or video. Non-Consensual pornography has become a more common crime in recent years because it is so easy to take and share digital photos and videos.

 

Is it illegal for someone to post a photo or video of me without my permission?

Maine passed a law in October of 2015 making non-consensual pornography a crime.

Under the law, if you are:

  • over 18,
  • identifiable in the image or video,
  • did not consent (give permission) to it being posted online, and
  • you are nude, engaged in a sexual act, or sexual contact -

- then the person who posted the image could be charged with a crime. The law makes posting non-consensual pornography a Class D misdemeanor, which could have a maximum punishment of a $2000 fine and up to 1 year in prison.

If you are outside of Maine, the Cyber Civil Rights Initiative has information on the laws in every state that currently has a statute regarding non-consensual pornography.

 

Someone has posted an explicit picture or video of me without my consent, what should I do?

First, it is important to remember you are not alone and there are many resources to help you through this time.

An important first step would be to try to write down:

  • who you have sent any pictures or videos to,
  • who told you it was posted online, and
  • where it was posted online. 

This information will be helpful to have moving forward. The website Not My Consent has a useful chart that can help you organize and plan for preserving evidence.

Next, you should screenshot the images or videos on the website they were posted on in order to have evidence on where and when they were found online.  Make sure you have a timestamp to show when it was posted on that website as well.

Something else to think about is deciding if you want to seek justice through a civil or criminal court case. This will help you decide if you want to file a police report, which is an important step in getting help through court. If you need help or advice, you can contact Maine's statewide Domestic Violence or Sexual Assault support organizations:

Finding support is incredibly important. Here are some other support resources:

  • The Cyber Civil Rights Initiative has a 24-hour crisis phone line available, which is staffed by trained representatives who can provide support as well as information, referrals, and non-legal advice at 1-844-878-2274. 
  • The National Domestic Violence Hotline can also refer you to local resources for counseling support at 1-800-799-7233. 
  • Additionally, the Sexual Assault Crisis and Support Center can offer local resources surrounding sexual violence through their hotline, which you can either call or text at 1-800-871-7741.

 

My child has had sexually explicit images/videos of them shared, what do I do?

Consider talking to a victim advocate or social worker in your town or city. Victim advocates can help you:

  • gather evidence,
  • go with you to the police or a lawyer’s office,
  • figure out how to keep you safe, and
  • help you get a protection order against the person targeting you.

In Maine, services such as the Maine Coalition Against Sexual Assault may be able to help.

 

How can I get my pictures removed?

There are many ways to get your pictures removed.  

  • The Digital Millennium Copyright Act (DMCA) website offers information and services regarding removing personal photographs, videos, audio, or text files. Their services are for a fee, which depends on what extent you want them to scrub the internet for these files  
  • Copybyte also offers free assistance to victims who have been referred to their services by an approved non-profit service; they work to remove the files from sites you have listed, track other uses of the files from other websites you might not be aware of, and when removal isn’t possible, they will work to remove the results from search engines so they will not appear when your name is searched.
  • Women Against Cyber Rape offer links to submit DMCA complaints to the major search engines (google, yahoo, and bing) in order to remove any unwanted personal information/photographs from appearing in search results.
  • DMCA Defender has resources listed as well as staff that answer their online help section with further resources specific to the victim’s needs.
  • The Cyber Civil Rights Initiative offers a variety of resources, in particular this page which lays out the ways to get any non-consensual personal images removed from a wide variety of social media sites and search engines

 December 2020
PTLA # 379