ABSTRACT

Federal Civil Action for Disclosure of Intimate Images: Free Speech Considerations [April 1, 2022]   [open pdf - 711KB]

From the Document: "On March 15, 2022, Congress authorized a federal civil claim [hyperlink] relating to the disclosure of intimate images as part of the Consolidated Appropriations Act, 2022 [hyperlink]. The new cause of action, which takes effect [hyperlink] on October 1, 2022, marks the first federal law targeting the unauthorized dissemination of private, intimate images of both adults and children--images commonly referred to as 'nonconsensual pornography [hyperlink]' or 'revenge porn [hyperlink].' This Sidebar discusses the current legal landscape with respect to prohibitions on nonconsensual pornography. It first provides an overview of state and federal laws on the subject, including the new private right of action. It then discusses how courts have decided significant First Amendment challenges to nonconsensual pornography laws at the state level. The Sidebar concludes with a discussion of the relevance of these legal developments for legislative proposals to criminalize [hyperlink] the distribution of nonconsensual pornography at the federal level or to expand liability [hyperlink] for distributing other types [hyperlink] of content online."

Report Number:
CRS Legal Sidebar, LSB10723
Author:
Publisher:
Date:
2022-04-01
Copyright:
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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