Understanding non-consensual intimate image sharing on social media

Non-consensual intimate image sharing on social media, also known as revenge porn, refers to the online distribution, without the consent of the person concerned, of images, videos, or sexually explicit documents, with the aim of humiliating, taking revenge on, or threatening them. This practice constitutes a criminal offence, expressly punished under the French Criminal Code since the law of October 7, 2016.

Article 226-2-1 of the French Criminal Code punishes the act of “in the absence of the person’s consent to the dissemination, 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 concerned or produced by the person themselves.”

Social media platforms — Instagram, Snapchat, TikTok, Facebook, X (formerly Twitter) — are commonly at the center of the spread of this unlawful content. Their ease of use, the speed at which information circulates, and the viral nature of sharing make the situation particularly serious for victims, whose private life and intimacy are exposed to a wide audience, with no immediate possibility of regaining control.

The dissemination of sexual content on social media without consent constitutes a communication to the public of content infringing privacy rights. It is not necessary for the images to be explicitly pornographic: intimate photos or videos with an implicit sexual nature may be sufficient to characterize the offence, provided that the absence of consent is established.

Revenge porn on social media is punishable by 2 years’ imprisonment and a €60,000 fine.

When the person responsible for the dissemination acted after threatening the victim to do so, they may be guilty of blackmail carried out through execution of the threat, in which case the penalties increase to 7 years’ imprisonment and a €100,000 fine (Article 312-11 of the French Criminal Code).

Knowing your rights, understanding how to act quickly, and being aware of the legal obligations of digital platforms regarding content removal are essential to taking action against revenge porn. Non-consensual intimate image sharing is not merely an emotional outburst: it is a form of digital sexual violence and a serious violation of a person’s privacy and dignity.

Have you been the victim of, or accused in, a non-consensual intimate image sharing case? Contact Maître Lois Pamela LESOT, lawyer specialized in criminal law – 06.52.02.54.42 – lesot@loispamelalesot.com

Non-consensual sharing of intimate content and unlawful publication of images

Non-consensual sharing of intimate content without consent

The liability of platforms in cases of non-consensual intimate image sharing on social media

When non-consensual intimate image sharing takes place on social media, liability does not rest solely with the person responsible for the dissemination. Digital platforms may also be held liable if they fail to promptly remove content reported as infringing upon a person’s privacy or dignity.

In France, online public platforms, such as Meta (Facebook, Instagram), TikTok, Snapchat, and X (formerly Twitter), are subject to Article 6 of the French Law on Confidence in the Digital Economy (LCEN). This provision states that any platform made aware of manifestly unlawful content, such as a sexual video disseminated without consent, must remove it without delay.

This obligation to remove the content applies as soon as:

• the victim or a third party notifies the platform of the existence of the unlawful content,
• the manifestly harmful nature of the content is established,
• the platform is technically capable of removing or making the publication inaccessible.

Failure to remove unlawful content constitutes a wrongful omission that may give rise to the civil liability of the hosting provider and, in certain cases, its criminal liability, particularly in cases of repeated misconduct or a clear refusal to cooperate.

Furthermore, platforms are considered data controllers of personal data within the meaning of the General Data Protection Regulation (GDPR). The dissemination of an image or video of a sexual nature without consent constitutes a serious violation of the rights of the person concerned and may lead to administrative sanctions (by the CNIL) as well as legal proceedings.

Major platforms have implemented reporting procedures, but these are sometimes ineffective, too slow, or ill-suited to cases of non-consensual intimate image sharing. It is therefore recommended that the victim:

• document each report (screenshots, case number, date)
• send a formal notice to the platform
• if necessary, seek assistance from a lawyer

The passivity or indifference of platforms can worsen the trauma suffered by the victim. They play a central role in preventing digital sexual violence and must be regarded as key stakeholders in the fight against online non-consensual intimate image sharing.

Your Criminal Defense with Maître Lois Pamela LESOT

Are you a victim or accused in a revenge porn case?
Consult a lawyer: 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 revenge porn, you can consult this article.
If you are accused of revenge porn, you can prepare for police custody by consulting this article and for a voluntary interview by consulting this article.

Article date: July 18, 2025 | By Lois Pamela LESOT