California
governor Jerry Brown signed a bill outlawing “revenge porn.” Revenge porn is just what it sounds like. It is nude or sexual pictures or videos taken
by a former boyfriend, girlfriend, spouse or lover, that was made with consent
at the time, that is posted by the ex after a breakup in order to hurt the
former lover. Revenge porn sites have
sprung up across the internet.
 |
| Jerry Brown: Made the right call here |
In
January, a Beaumont, Texas attorney sued a revenge porn site on behalf of
multiple women who had pictures and videos of themselves up on the website against
their consent by exes intent on humiliating them. (see story here)
Because
posting nude pictures, that were taken consensually but not for the purposes of
posting publicly, is not a crime in Texas, the suits were civil.
And
that’s the crux of the fight here. None
of the women involved took the pictures and sent them to their ex-boyfriends
(typically) with the intent to have them put on the internet on a porn
site. The ex-boyfriend’s intent was clear, though,
to humiliate their ex-girlfriend publicly.
The
California law specifically addresses the intent of the person posting the
pictures. The California bill, which
takes effect immediately, makes it a misdemeanor to post nude pictures of someone
else online without permission with
intent to cause emotional distress or humiliation.
A
similar proposed law was defeated in Florida on free speech grounds. The ACLU has targeted this law in
California. I fail to see how free
speech is involved. This law
specifically targets someone with a malicious act, with an intent to humiliate
that person forever. Once something is
on the internet, it’s on there almost forever (until linkrot sets in). My
freedom to swing my fist ends at your face.
There is no argument that there is an artistic motive here or anything
beyond the intent to injure. The ACLU is
out of line. California is right to take
action. The rest of the country needs to
follow.
See
full story: http://www.theguardian.com/world/2013/oct/02/revenge-porn-outlawed-california
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