Don’t worry! I wasn’t thinking of you when I reviewed this popular 2018 video! However, with the popularity of snap chat, Instagram, Reddit, to name a few, I thought it would be helpful to share various civil remedies available to innocent plaintiffs in revenge porn cases.
Typically revenge porn arises when a couple breaks up and one of the parties posts intimate images of the ex-partner on social media, or public pornographic websites. Sometimes the photos are sent to friends, family members and/or the person’s employer. More recently, there is a trend towards using intimate photos to extort money. Last year, Tony Clement was a victim of this type of extortion when he shared sexually explicit photos of himself with a person whom he believed was a consenting female adult
In a portion of this video, Alessia Petricone-Westwood outlines the 4 requirements to prove a relatively new tort called public disclosure of private facts that is available to plaintiffs in these situations.
Presumably, the body of case law will continue to grow for this new tort. Obviously, the more common torts of breach of privacy, and intentional infliction of nervous shock are commonly pleaded in these cases.
In the paper accompanying this video, available to CPDonline members, Ms. Petricone-Westwood reviews other potential torts that may be pleaded in these cases including: breach of confidence, defamation, inclusion upon seclusion, and breach of copyright.
My fear is that the case law will develop slowly as many revenge porn or extortions will not be reported and certainly not go to court as the extorters demand small amounts of money which the embarrassed and humiliated individuals are willing to pay to prevent the pictures or videos from being posted or shared.
Having watched the video and considered the case, what do you think? Feel free to contact me and let me know your opinion.
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*see individual programs and jurisidictional allowances for accredited hours/requirements for Canadian law societies.