The Internet has made many things in our lives easier, no question about it – we are more connected than ever, all conceivable information is virtually just a click away, and personal relationships are increasingly being cultivated online. Unfortunately, however, the World Wide Web also has its downsides: More and more frequently, nude photos or sex videos taken during a relationship end up online after a break-up. What was once only intended for the eyes of your lover suddenly becomes freely accessible to everyone – a nightmare for those affected.
In this article, we shed light on what exactly so-called ‘revenge porn’ is, how it is legally penalised in Austria and what steps you can take as a victim to protect yourself against this type of digital abuse.
What is ‘revenge porn’ actually?
The term ‘revenge porn’ describes the non-consensual publication or distribution of intimate photos or videos that show victims naked or performing various sexual acts. The perpetrators often come from the victim’s own social circle. These are often former partners who distribute the images on social networks, porn sites or via instant messaging services such as WhatsApp as revenge after an argument or a break-up.
It is particularly dangerous for those affected if the photos and videos are published with their real name or other personal data such as home address, workplace or telephone number.
However, revenge porn can also be created independently of romantic relationships. Some perpetrators deliberately hack into smartphones or laptops to steal private photos and videos from unsuspecting victims. The use of artificial intelligence also makes it possible to create so-called ‘deepfakes’. These are fake image, audio or video recordings that look deceptively real. Audio, or even video recordings. This means that basically anyone can become a victim of revenge porn without ever having undressed in front of the camera.
Women are the main victims…
According to a study by Monash University in Melbourne, women are disproportionately often the victims of revenge porn. According to the study, one in five women in Australia between the ages of 18 and 45 have been affected by revenge porn at some point in their lives.
The effects are serious: victims experience humiliation, shame, fear and in some cases even social exclusion. Many blame themselves, withdraw and avoid social contact. Victims often develop psychological problems such as anxiety disorders, depression and post-traumatic stress disorder (PTSD). In the worst cases, this can even lead to self-harming behaviour or suicidal thoughts. Minors are particularly at risk as they are often afraid to confide in their parents or other confidants for fear of punishment or being blamed.
Is revenge porn a criminal offence?
Although there is not yet a separate criminal offence for revenge porn in Austria, the distribution of intimate recordings without permission can nevertheless constitute several criminal offences.
According to Saferinternet.at, an initiative of the Austrian Institute for Applied Telecommunications (ÖIAT) in cooperation with the Association of Internet Service Providers Austria (ISPA), the distribution of such recordings constitutes a clear violation of the personal rights of those affected.
Victims can rely on various legal bases: These include, for example, the protection of the highly personal sphere of life (§ 7 MedienG) and the right to one’s own image (§ 78 UrhG). If sound recordings are published without consent, the right to one’s own words also applies. The General Data Protection Regulation (Datenschutzverordnung, DSGVO) also applies here, as the unauthorised publication of intimate content is considered unlawful processing of personal data.
The situation is particularly serious if minors are affected. In such cases, § 207a of the Criminal Code (StGB) applies, which prohibits the dissemination of sexualised images of minors. In addition, criminal offences such as cyberbullying (§ 107c StGB) or insulting behaviour (§ 115 StGB) can become relevant when it comes to the dissemination of such recordings.
In any case, it is advisable to seek legal assistance. Lawyers specialising in personal rights on the internet, especially for cases of revenge porn and the right to one’s own image, can comprehensively assess the individual situation and take appropriate legal action.
What should I do if I discover revenge porn of myself on the internet?
If you find revenge porn of yourself, you should not ignore it – even if it is difficult. According to CyberGhost, you should instead:
1. Secure evidence:
The first step is to preserve evidence. Take screenshots of the published images and videos and save all links to websites or social media profiles on which the images were distributed. Any communication with the perpetrators, for example via messenger services, email, social media, etc., should also be carefully documented.
2. Have content removed:
Contact the operators of the websites or social networks concerned and demand that the images be deleted immediately. Many platforms such as Facebook, Instagram and TikTok offer special reporting functions for such cases.
3. Seek help:
No one should have to go through this traumatic experience alone. There are specialised lawyers who have experience in dealing with revenge porn cases and can give you legal advice. Do not hesitate to seek professional help.
4. Take legal action:
After all evidence has been secured, you should press charges. This is best done in consultation with a lawyer.
5. Seek therapeutic support:
Revenge porn can have serious emotional and psychological consequences. It is therefore advisable not to suppress your own feelings and to seek therapeutic support in order to come to terms with what you have experienced.
Translated by Anna Smith
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