Since the Law for a Digital Republic of October 7, 2016 (No. 2016-1321), French criminal law explicitly penalizes non-consensual sharing of intimate images, also known as “revenge porn.” It refers to the dissemination, without the consent of the person concerned, of sexually explicit content, with the intent to humiliate them, often on the Internet or social media.

Article 226-2-1, paragraph 2 of the Criminal Code criminalizes “the act, in the absence of the person’s consent to the dissemination, of making available to the public or to a third party any recording or document containing words or images of a sexual nature, obtained with the express or presumed consent of the person or produced by the person themselves, using one of the acts provided for in Article 226-1.”

Article 226-1 of the Criminal Code punishes intentional violations of the privacy of private life, in particular by:

• “the capturing, recording, or transmission of words, with presumed consent or without the consent of the speaker”
• “the fixation, recording, or transmission of the image of a person in a private place, with presumed consent or without the consent of the person whose image is fixed, recorded, or transmitted”

The dissemination of digital content of a sexual nature, such as intimate images or videos, without explicit authorization, constitutes a serious violation of privacy and exposes the perpetrator to criminal prosecution.

What should you do if you are a victim of non-consensual sharing of intimate images (revenge porn)?

As a criminal defense lawyer, Loïs Pamela Lesot assists victims of non-consensual sharing of intimate images at every stage of the criminal proceedings:

• filing a complaint,
• filing a civil party claim,
• removal of online content (right to be forgotten),
• action against distribution platforms (Google, social media, hosting providers),
• claim for compensation for moral and digital harm.

Are you a victim of revenge porn? Don’t wait. Acting quickly is essential to limit the spread of sexually explicit content and initiate criminal proceedings.

Constituent elements of non-consensual sharing of intimate images (revenge porn)

1. Sexually explicit content

The notion of sexually explicit content refers to any recording or document containing words or images of a sexual nature. This includes intimate photos, sexually explicit videos, sext messages, and any other recording created in a private setting.

2. Dissemination to the public or to a third party

Non-consensual sharing of intimate images consists of disseminating this type of sexual content without authorization, either to the public or to a third party.

This dissemination may occur:

• by email, SMS, or private messaging,
• via social media (Instagram, TikTok, Snapchat, Facebook
• on pornographic websites,
• or even through links shared on forums or digital platforms.

3. Content obtained with consent… but disseminated without consent

The content may have been obtained with the consent of the person concerned (e.g., within the context of an intimate relationship). However, it is the lack of consent for its dissemination that makes the act punishable.

The key element is therefore the awareness of the victim’s lack of consent at the time the sexual content is made available.

In some cases, if the content was captured without the person’s consent, the offense of invasion of privacy may also apply (Articles 226-1 and 226-2 of the Criminal Code).

Threat of dissemination

Criminal law also punishes threats to disseminate sexually explicit content. In such cases, it constitutes blackmail, punishable under Article 312-10 of the Criminal Code. Demanding an action or a waiver by threatening to publish content that harms a person’s honor or private life (such as sexual content) constitutes a separate offense, punishable by 5 years of imprisonment and a €75,000 fine.

If the threat is carried out, the penalties are increased to 7 years of imprisonment and a €100,000 fine (Article 312-11 of the Criminal Code).

To be advised and defended

Faced with such a violation of your privacy and personal integrity, it is advisable to benefit from rigorous legal support. As a criminal defense lawyer, Loïs Pamela Lesot acts to defend victims of non-consensual sharing of intimate images throughout France, both online and before criminal courts.

She provides you with clear advice, helps put an end to the non-consensual dissemination, initiates the necessary legal proceedings, and seeks compensation on your behalf.

Your Criminal Defense with Maître Lois Pamela LESOT – 06.52.02.54.42 – lesot@loispamelalesot.com

The firm regularly assists and defends individuals who are victims or accused in revenge porn cases, as well as in all types of criminal offenses, such as rape or domestic violence.

If you wish to file a complaint for acts of non-consensual sharing of intimate images, you can consult this article.

If you are being accused of such acts, you can prepare for police custody by consulting this article and for a voluntary interview by consulting this article.

Article date: March 23, 2023 | By Loïs Pamela Lesot