Behind the controversy, the law. After the resignation of Benjamin Griveaux to run for mayor of Paris following the dissemination of intimate videos, many users of social networks and various instant messaging are asking the question: what risk the authors of "porn revenge"? And are convictions frequent? Roland Perez, lawyer and columnist on Europe 1, deciphers the legislation in this area.
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Law Punishes "Porn Disclosure"
The distribution of this video, like that of all intimate images, whether sexual or not, is punished by the law of October 7, 2016 for a digital republic. In France, we do not speak of "porn revenge" but of "pornography". The offense is established as soon as the perpetrator (s) of the offense has contributed to bringing to the attention of the public or a third party any recording or document relating to words or images of a sexual nature, without the consent of the data subject - consent which is never presumed.
The perpetrators of such an offense risk two years' imprisonment and a fine of 60,000 euros, apart from, of course, damages. What the law represses, therefore, is not the capture - although it can be sanctioned if it was done without the knowledge of the person - but the dissemination, by all its actors, from the first to the last who the relays.
Mainly financial sanctions
This practice is seriously starting to worry the public authorities without the phenomenon being accompanied for the moment by an increase in the number of prison sentences pronounced. The authors have just been fined financially. But with the Griveaux affair, it is a safe bet that the convictions will harden and lead, perhaps, those who did not dare to complain to do so.