In response to the abusive practice of individuals sharing intimate images of another individual without their consent, the ABA is helping to alert lawyers to a new law that gives survivors an avenue for redress.
Nonconsensual distribution of intimate imagery, sometimes mischaracterized as “revenge porn,” can occur when partners take intimate videos or other images of an individual and then use the images to humiliate, harass, intimidate and exploit individuals, usually women. The practice is believed to be growing because technology is readily available and makes it easy to widely share images.
But new legislation, included in Section 1309 of the ABA-supported Violence Against Women Reauthorization Act of 2022 (VAWA), signed into law as part of the FY 2022 Omnibus spending bill (Pub.L. 117-103) earlier this year, can help. The bipartisan Intimate Imagery and Privacy Protection Act, introduced by U.S. Sen. Margaret Wood Hassan (D-NH), establishes a federal civil course of action for individuals whose intimate visual images are disclosed without their consent, allowing them to bring a civil claim in federal court for up to $150,000. Courts are also authorized to provide other forms of appropriate legal relief, including a temporary restraining order, a preliminary injunction, or a permanent injunction.
“The effects of technology-facilitated gender-based violence can be emotionally and financially devastating,” said ABA President Reginald M. Turner. “The ABA calls on lawyers to assist survivors considering potential claims for this form of online abuse so they can reclaim their lives.”