Paris (AFP)
Unknown a few years ago, "porn revenge" or "pornographic revenge", of which Benjamin Griveaux was the victim, consists in disseminating intimate images without the consent of the persons concerned, and is now severely punished by law.
What is "revenge porn"?
The phenomenon enshrined in the expression "revenge porn" in English, called pornodivulgation or revenge pornographic in French, consists of putting online photos or intimate videos without the consent of the persons concerned.
A typical example is the private exchange of a couple of photos or videos of a sexual nature. During a conflict or after the break-up, one of the members of the couple distributes this content out of revenge, to relatives or on social networks. This can be accompanied by blackmail or forced sex.
Whether the images were taken by the person or with his authorization does not matter: it is now their dissemination that is punished. The penalties are increased if the images show minors.
Cases have multiplied with the explosion of social networks, says master Avi Bitton, a lawyer in criminal law.
"This behavior is quite widespread among young people, who have incorporated digital into their emotional and sexual relationships," says Justine Atlan. "The smartphone is a very intimate tool, and at the same time has a very strong media capacity. It can lead to a very impulsive revenge reaction".
What risk those who broadcast?
Since 2016 and the adoption of the law "for a digital republic", the dissemination of "revenge porn" is punishable by 2 years' imprisonment and a fine of 60,000 euros.
In the law which penalizes them, pornographic revenge is defined as "the act of transmitting or disseminating, without the latter's consent, the image or voice of a person, when the recording, image or video are sexually explicit. "
The law therefore provides for punishing with the same penalties all those who disseminate these images, even by a simple republication on social networks.
"Consent is at the center of the law: what I have accepted in the private sphere does not apply to the public sphere", underlines Justine Atlan.
What consequences for the victims?
Often adolescent, they are ostracized, harassed and sometimes pushed to suicide.
What does the law provide abroad?
Many countries have strengthened their legislation in recent years to protect victims of pornography, as the number of cases increases.
- The offense of "revenge porn" is punishable in Italy by a penalty ranging from one to six years' imprisonment, and from 5,000 to 15,000 euros in fines.
- A London court condemned in 2018 an ex-financial analyst of the City to 16 weeks in prison for having published on pornographic photos of a trainee who had rejected him.
- The practice is also punished with two years in prison in Denmark.
What to do if you are threatened?
The e-Childhood association offers a toll-free number (0 800 200 200). She recommends filing a complaint, which will allow the justice system to find behind their pseudonym those who disseminated the images.
"Often we don't even have to go to court," said lawyer Avi Bitton. "We send a letter from a lawyer to the person who disseminated the images, or threatened to disseminate them, and they withdraw them."
© 2020 AFP