New York lawmakers just took a giant leap forward to help victims of revenge porn, by toughening consequences for those who perpetrate one of the most pernicious forms of online abuse. And by giving their targets a way to fight back.
The phrase “revenge porn” is a bit of a misnomer, because the word “porn” can have connotations of a consensual arrangement. In reality, of course, revenge porn is anything but consensual. Compromising images of an individual are posted without their consent; videos or pictures taken in the context of a relationship are made available to parties outside that relationship after a breakup.
In nine states, the victims of revenge porn — people who have had their most intimate moments disseminated without their consent — have virtually no legal recourse. In other states, like New York, the “penalty” for those behind the evil has been barely more than a slap on the wrist, which means it failed as a deterrent. In two months, in the state of New York that all changes.
This is at least one time when control of both houses of the state Legislature and the governor’s office by one party, the Democrats, has worked well for New Yorkers: On Thursday, lawmakers unanimously passed the measure, which is backed by Gov. Andrew Cuomo, making anyone who disseminates intimate photos or videos of a person without his or her consent guilty of a Class A misdemeanor, subject to a year in jail or three years’ probation, plus a $1,000 fine.
Additionally, if the images involve a spouse, former spouse, parents, children or members of the same family or household, the victims can go to family court and seek “a private right of action” to pursue damages and injunctive relief — including getting an order to get the images off the internet.
Let’s face it: Breaking up in the age of social media is hard: Do you delete all the photos you took together as a couple, even from vacations and group outings with friends? Do you unfollow and de-friend your ex on Instagram, Facebook and Twitter — is that petty or just a way to try to get that person out of your mind?
For some couples, there’s an added question: What about those pictures? Not the ones at the beach or the farmer’s market, but those pictures? The ones they sent when they were on a business trip and missed each other?
Or that short video taken in the heat of the moment in a hotel after his cousin’s wedding?
For too many partners, the question of what happens to such private images is answered in the most ruthless way: They end up online, posted on social media or porn sites or emailed to friends, family and/or colleagues.
Until a few years ago, in most parts of the country, there was nothing anyone could do about it. So states began passing laws, and now, thankfully, New York will also treat the crime with the seriousness it deserves.
In a statement of support, Cuomo said: “In New York, we will never stop fighting to protect and strengthen women’s rights and opportunity.” Yet the bill doesn’t just benefit women, and it isn’t really about their “opportunity.” It’s really about the basic privacy of every New Yorker, men and women alike, even those who have never taken an explicit picture of themselves, let alone sent one.
And consider this: In the age of modern technology, pictures can be faked. In 2017, The Post reported a horror story about a New Jersey woman who discovered her face plastered on an image of someone else’s naked body. This wasn’t even revenge porn but just a malicious attack.
“Imagine having to tell every prospective employer or romantic partner that there are doctored nude photos of yourself on the Internet, posted there by some creep with access to Adobe Photoshop,” suggested the article. Yet prosecutors reportedly told the woman no criminality could be proved.
With the revenge-porn bill’s passage in New York, men and women here will now be able not only to file a criminal complaint but also to move to have the images removed.
For victims of revenge porn, this is the most important component of the new law: Along with having sick creeps prosecuted, there will be ways for victims to regain their privacy.
Who said Albany can never get anything right?
Bethany Mandel is an editor at Ricochet.




