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Bare necessities: The argument for a 'revenge porn' exception in Section 230 immunity
Abstract
‘Revenge porn’ is the online posting of nude or sexually explicit photographs or videos of a former lover without his or her consent. Despite the malicious intent behind revenge porn, victims are provided with little to no relief due to Section 230 of the Federal Communications Decency Act, also known as the ‘Good Samaritan’ provisions. Section 230 unambiguously provides blanket immunity for website operators and Internet service providers that feature user-generated content, including revenge porn.In Section 1, I discuss the purpose of Section 230 of the Communication Decency Act. In Section 2, I analyze the legal impact of the blanket immunity established in Section 230. In Section 3, I examine the potential remedies already in existence for revenge porn victims and highlight their inadequacies. In Section 4, I argue Congress should create a narrow exception to Section 230 immunity specifically geared toward revenge porn. The exception would establish a definition of revenge porn, which would prevent over-deterrence. Additionally, the exception would institute a takedown procedure similar to the process found in the Digital Millennium Copyright Act. In creating a narrow exception, the spirit of Section 230 will remain while also providing adequate legal relief for victims of revenge porn.
... That is, a distinction is made between sexting among mutually consenting individuals, and intimate image sharing that is abusive and nonconsensual. An argument can be made that one of the reasons causing such public fear and anxiety around sexting is its potential to result in instances of nonconsensual pornography-which is the distribution of private sexual content (e.g., image or video) of other individuals without their consent (e.g., Burris, 2014;Cecil, 2014;Citron & Franks, 2014;Humbach, 2014;Otero, 2015;Patton, 2015;Poole, 2015;Turngate, 2014;Waldman, 2016). To clarify, while moral and legal concerns have been expressed regarding consensual sexting behaviors (e.g., Choi et at., 2016;Draper, 2012;Houck et al., 2014;Van Ouytsel et al., 2015)-especially when occurring among adolescents-the behavior's potential to result in nonconsensual intimate image sharing is a notable factor contributing to the public fear and anxiety surrounding sexting practices (e.g., Baxter, 2013;D'Antona & Kevorkian, 2010;Diliberto & Mattey, 2009;Song et al., 2018;Taylor, 2009;Walker, 2016;Zirkel, 2009). ...
... Similarly, the scholarly trends in nonconsensual pornography have been limited in breadth-most taking the form of legal studies scholarship (e.g., Burris, 2014;Cecil, 2014;Citron & franks, 2014;Humbach, 2014;Otero, 2015;Patton, 2015;Poole, 2015;Turngate, 2014;Waldman, 2016). This suggests that while legal analyses on appropriate responses to nonconsensual pornography are rich, social science research are relatively scarce. ...
... This suggests that while legal analyses on appropriate responses to nonconsensual pornography are rich, social science research are relatively scarce. However, unlike the varying working definitions of sexting, nonconsensual pornography has been consistently recognized as denoting similar conventions (e.g., Citron & Franks, 2014;Humbach, 2014;Patton, 2015;Turngate, 2014;Williams, 2012). ...
Limited research has considered individual perceptions of moral distinctions between consensual and nonconsensual intimate image sharing, as well as decision making parameters around why others might engage in such behavior. The current study conducted a perception analysis using mixed-methods online surveys administered to 63 participants, inquiring into their perceptions of why individuals engage in certain behaviors surrounding the sending of intimate images from friends and partners. The study found that respondents favored the concepts of (1) sharing images with romantic partners over peers; (2) sharing non-intimate images over intimate images; and (3) sharing images with consent rather than without it. Furthermore, participants were more willing to use their own devices to show both intimate and non-intimate images rather than posting on social media or directly sending others the image files. Drawing on descriptive quantitative and thematic qualitative analysis, the findings suggest that respondents perceive nonconsensual image sharing as being motivated by the desire to either bully, “show off,” or for revenge. In addition, sharing intimate digital images of peers and romantic partners without consent was perceived to be troubling because it is abusive and/or can lead to abuse (when involving peers) and a violation of trust (when involving romantic partners).
... Het gebruik van het begrip wraakporno (revenge porn) impliceert dat expliciet seksueel beeldmateriaal (foto's: Bloom, 2014;Matsui, 2015;ook video's: Cecil, 2014;Osterday, 2016), waarop herkenbare/herleidbare individuen te zien zijn (Stroud, 2014), online wordt verspreid zonder consent van alle afgebeelde betrokkenen Tungate, 2014;Barmore, 2015;Daniels, 2014;Salter & Crofts, 2015). In de definitie van Calvert (2014): "het publiekelijk delen van naakte -of gedeeltelijk naakte -foto's of video's van een (ex-)vriend(in), zonder toestemming van het slachtoffer en soms met informatie over zijn of haar identiteit". ...
... Henry en Powell (2016) voegen daar het element van 'dreigen met' aan toe. De context van relatiebeëindiging achtten veel onderzoekers relevant (Bloom, 2014;Dawkins, 2015;Larkin, 2014;Matsui, 2015;Osterday, 2016;Tungate, 2014;Citron & Franks, 2014), want hier ligt de voedingsbodem voor dikwijls diepwortelende wraak, gekoppeld aan retributie voor de ervaren ontrouw (Brown, 2018;Uhl et al., 2018), maar ook voor gevoelens van minachting (Bloom, 2014;Osterday, 2016) en verbittering (Daniels, 2014). Het onderscheid tussen wraakporno en shame-sexting is gradueel: de mate waarin de dader/verspreider uit wraak een voormalige relatie/partner wil schaden. ...
... Hierbij valt op dat het voornamelijk beeldmateriaal betreft van ex-partners (Powell, Henry, Flynn & Scott, 2019;Stokes, 2014;Beyens & Lievens, 2016). Het gepubliceerde beeldmateriaal wordt niet zelden voorzien van informatie over de identiteit van het slachtoffer (Tungate, 2014). In de meeste gevallen van wraakporno (90%) blijken de slachtoffers vrouwen te zijn (Holoyda, Landess, Sorrentino & Friedman, 2018), maar er bestaan wraakpornografische websites met mannelijke slachtoffers (Walker & Sleath, 2017). ...
Het gebeurt dat online – dikwijls seksueel getinte – (beeld)informatie wordt verspreid om iemand ‘te kijk’ te zetten ten overstaan van hun directe omgeving. Iemand wordt ‘exposed’. Deze praktijk heeft een enorme impact op het leven van slachtoffers en daders. Het boek belicht aan de hand van veel wetenschappelijke literatuur de achtergronden en verschijningsvormen van ‘exposen’. Maar het besteedt ook ruim aandacht aan de verhalen van mensen die lelijke littekens hebben opgelopen van online roddel en chantage.
Het onderzoek gaat in op verschillende manieren waarop (seksueel) exposen geduid kan worden (sexting, wraakporno en seksafpersing). Het verkent hoe geslacht, etniciteit, culturele en sociaal-maatschappelijke aspecten een rol spelen bij dader- en slachtofferschap. Verder beschrijft het onderzoek de verregaande online en offline verwevenheid bij ‘exposen’ en hoe politie en justitie met exposen omgaan. Het accent ligt echter op hoe het bij ‘exposen’ in werkelijkheid toegaat. Op grond van de ervaringen, de lotgevallen die de meisjes en jongens, hun ouders, hulpverleners in diepte-interviews deelden, schetsen de onderzoekers een gedetailleerd praktijkbeeld van wat er gebeurt als iemand is exposed. Individuele verhalen die staan voor een breder beeld: aangrijpende verhalen van mensen die dikwijls al op jonge leeftijd ‘te kijk’ stonden en in het diepst van hun wezen werden geraakt.
... Sext dissemination can be defined as the distribution of received sexts to audiences other than the initial recipient (Walker & Sleath, 2017), and when non-consensual, is a cause for significant concern. Non-consensual dissemination encompasses behaviours that might be described as revenge pornography, also referred to as involuntary (Ronay, 2014;Tungate, 2014) or non-consensual (Dawkins, 2015) pornography. Revenge pornography is differentiated from non-consensual dissemination in that it occurs within the context of the M A N U S C R I P T A C C E P T E D ACCEPTED MANUSCRIPT breakdown of an intimate relationship (Bloom, 2014;Dawkins, 2015;Larkin, 2014;Matsui, 2015;Osterday, 2016;Tungate, 2014), triggering a motivation for revenge (Walker & Sleath, 2017). ...
... Non-consensual dissemination encompasses behaviours that might be described as revenge pornography, also referred to as involuntary (Ronay, 2014;Tungate, 2014) or non-consensual (Dawkins, 2015) pornography. Revenge pornography is differentiated from non-consensual dissemination in that it occurs within the context of the M A N U S C R I P T A C C E P T E D ACCEPTED MANUSCRIPT breakdown of an intimate relationship (Bloom, 2014;Dawkins, 2015;Larkin, 2014;Matsui, 2015;Osterday, 2016;Tungate, 2014), triggering a motivation for revenge (Walker & Sleath, 2017). Franks (2013) notes that whilst these terms are sometimes used interchangeably, nonconsensual dissemination is a broader term, encompassing both revenge pornography as described and other forms of non-consensual dissemination of explicit material, such as hacked or voyeur images. ...
... Whilst other authors have explored the prevalence and characteristics of nonconsensual sext dissemination (Bloom, 2014;Dawkins, 2015;Larkin, 2014;Matsui, 2015;Osterday, 2016;Ronay, 2014;Tungate, 2014;Walker & Sleath, 2017), there appears to be no current research examining the motivations or reasons for dissemination of sexts. In particular, questions of interest relate to the motivation to engage in non-consensual dissemination, associations with social norms around sexting behaviours, individual attitudes, and whether dissemination is related to personality variables. ...
Sexting (i.e. the sending and receiving of sexually explicit images via apps or phones) is increasingly common among young adults. However, specific concerns relate to the potential social and legal implications of non-consensual sext dissemination. Whilst previous research has investigated the prevalence of non-consensual dissemination, motivations for engaging in non-consensual dissemination are not well understood. In a large convenience sample of young Australian adults, (N = 505, M age = 21, SD = 5, 67% female), we tested the hypothesis that sext dissemination is associated with positive subjective norms and personal attitudes towards sext dissemination, and dark triad personality traits of Machiavellianism, psychopathy and narcissism. We found four unique predictors of increased likelihood of non-consensual dissemination: being sexually active, having received a disseminated sext, more strongly normalising that sexts are usually disseminated or seen by others, and stronger positive attitudes towards disseminating sexts as being funny; and one unique predictor of decreased likelihood: having personally-experienced negative consequences from sending sexts. No independent relationship with dark triad traits was found, although these predictors may be proxies for dark triad-related dissemination motivations. These findings suggest possible explanatory mechanisms for non-consensual dissemination and directions for future research including image context and dissemination circumstances.
... Gli studi sugli gli aspetti legali del sexting hanno definito due categorie: "sexting di sperimentazione", che non prevede intenzioni lesive e si inserisce nel tipico sviluppo adolescenziale (considerando aspetti quali il flirtare, il giocare con partner o amici) e "sexting aggravato", che invece implica intenzioni nocive e/o un abuso delle immagini sessualmente esplicite di qualcun altro . Calvert (2013) ha definito il cosidetto "revenge porn" come la condivisione pubblica di foto o video contenenti nudo o seminudo di un partner attuale o passato, senza il suo consenso e talvolta con l'aggiunta di informazioni sull'identità (Tungate, 2014). ...
... D'altra parte, non ci sono differenze riguardo al distress psicologico tra i due gruppi di utenti. Una parte notevole di partecipanti, da non sottovalutare (12.5%), ha riportato di aver inviato sext a qualcun altro senza autorizzazione: questo comportamento, definito sexting secondario(Calvert, 2009), può talvolta nascondere intenzioni dannose e le conseguenze sono spesso negative per le vittime, come evidenziato dagli studi sul cosiddetto "revenge porn"(Calvert, 2013;Tungate, 2014). In un sondaggio nazionale su studenti olandesi,Kerstens e Stol, (2014) hanno riportato una forte relazione tra interazioni sessuali online e esperienze negative, quali essere vittima di bullismo. ...
Introduction: The sexting phenomenon has shown a rapid and widespread diffusion, becoming object of interest of psychological research. The literature does not provide evidence regard the relationships between sexting behavior and Emotion Regulation, Regret and Sexual Risk Behaviors. The purpose of the present study arises from this evaluation.
Method: A non clinical sample of 239 young adults was recruited, 122 female (51%) and 117 male (49%), between 18 and 39 years old. The mean age was 26,3 year (SD=4,7). The following scales were administered: Sexting Behaviour Questionnarie (SBQ), Difficulties in Emotion Regulation Scale (DERS), Sexual Risk Survey (SRS), e Regret and Disappointment Scale (RDS).
Results: Data underline statistically significant differences in the sexting behaviour frequency based on. Positive relationships were shown between sexting behaviour frequency and Emotion Regulation, Regret and Risky Sexual Behaviour. Furthermore, several variables of Emotion Regulation, along with Regret and Risky Sexual Behaviour are statistically significant in predicting the frequency of sexting behaviour.
Discussion: This study shows that the frequency of sexting behavior is different regard the gender, we found a higher frequency in males. Moreover, it underlines that Emotion Regulation, Regret and Risky Sexual Behaviour have a positive relation with the frequency of sexting behavior, emerging as predictors of this behaviour.
... Moreover, the term "porn" tends to instill a sense of choice and legitimacy that is inappropriate when debating the phenomenon . For this reason, although alternative expressions such as "nonconsensual" (Citron & Franks, 2014;De Angeli et al., 2023;Eaton et al., 2021) or "involuntary" pornography (Tungate, 2014) do not frame this practice in terms of revenge by exintimates, they do not either accurately reflect its nature and harm. Instead, the nonconsensual dissemination (or distribution) of intimate and/or sexual material can be referred to as a form of IBSA , "technology-facilitated sexual violence" (Patel & Roesch, 2022), or "sexual cyberbullying" (Ehman & Gross, 2019). ...
The aim of this review is to synthetize the current knowledge regarding the influence of young, heterosexual men’s adherence to hegemonic masculinity norms on the perpetration and perception of nonconsensual intimate images (NCII) dissemination. A systematic search was conducted across five databases (i.e., APA PsycInfo, APA PsycArticles, Gender Studies Database, Scopus, and Web of Science) using relevant search terms. Following the Preferred Reporting Items for Systematic Review and Meta-Analysis statement, 19 articles were retained for inclusion. The results of this study highlighted a significant relationship between the core meanings of hegemonic masculinity, such as competitiveness, sexual dominance and the objectification of women, and young, heterosexual men’s propensity to perpetrate and/or legitimate NCII distribution. Such influence is particularly evident in the context of male homosocial interactions. Results are discussed with particular focus on the implementation of ad hoc interventions and evidence-based prevention programs.
... Moreover, the term "porn" tends to instill a sense of choice and legitimacy that is inappropriate when debating the phenomenon . For this reason, although alternative expressions such as "nonconsensual" (Citron & Franks, 2014;De Angeli et al., 2023;Eaton et al., 2021) or "involuntary" pornography (Tungate, 2014) do not frame this practice in terms of revenge by exintimates, they do not either accurately reflect its nature and harm. Instead, the nonconsensual dissemination (or distribution) of intimate and/or sexual material can be referred to as a form of IBSA , "technology-facilitated sexual violence" (Patel & Roesch, 2022), or "sexual cyberbullying" (Ehman & Gross, 2019). ...
... violence" (Franklin, 2014), refers to the act of publishing or distributing sexual material (e.g., posting sexually explicit images or videos) of an individual without their consent, with the intention of causing distress or embarrassment (Aikenhead, 2021;Bates, 2017;Bond and Tyrrell, 2021;Cannon, 2015;Franklin, 2014;Laird, 2013;Matsui, 2015;Tungate, 2014). This practice can be carried out on an individual or community scale and may involve hacking to acquire the images or videos (Bates, 2017;Laird, 2013). ...
Revenge porn, also known as “pornodisclosure” is a form of online sexual violence that involves sharing sexually explicit images or videos of a person without their consent. This form of sexual violence has become increasingly prevalent in recent years due to the ease with which images can be shared on social networks and messaging applications. In this popularization article, we will begin by exploring the scope of revenge porn. Next, we will analyze the reasons that motivate perpetrators of this form of sexual violence and the psychological, social, economic, and occupational effects it has on victims. Finally, we will discuss the legal and ethical aspects of revenge porn and suggest preventive measures.
... Culpar a las víctimas en el mundo desconectado podría interpretarse como una especie de mecanismo de chivo expiatorio, 95 pero dicha interpretación va más allá de nuestro argumento: debería ser suficiente señalar el espacio en el que se discuten las responsabilidades y se crea el escenario en el que la víctima queda desprotegida. Los proveedores alojan el contenido ilegalmente distribuido, pero pueden referir que la distribución ha ocurrido sin que ellos lo supieran al no existir una obligación de filtrar contenidos, en nombre del derecho a la libertad de expresión de los usuarios: estar a favor de este manto de inmunidad implica el temor a que eliminarla resulte en una situación de disuasión excesiva, donde los proveedores eliminarían automáticamente toda publicación que pudiere provocar reclamos 96 . Sin embargo, dando por sentado que el filtrado de contenidos es inaceptable, una vez que la víctima haya notificado al proveedor acerca del material ilegal, el proveedor tendrá la obligación de eliminar el material o volverlo inaccesible. ...
La conceptualización y el marco legal del odio en las democracias contemporáneas están en el centro de la atención por su proximidad al problema de la libertad de expresión. La reciente migración del discurso público de ambientes desconectados a escenarios en línea nos obliga a adoptar enfoques más penetrantes en esta cuestión, para entender cómo las dinámicas de género se reproducen entre los usuarios de internet. El artículo ofrece una aproximación legal, desde una perspectiva de género, al odio tal y como aparece en la legislación internacional y europea, con el fin de comparar las legislaciones de Italia y España. El objetivo es mediar el conflicto entre libertad de expresión y los compromisos que los Estados asumen para dotar a específicos sujetos de protección contra formas de violencia de género que ocurren en internet.
... This involves the sharing of explicit images of former lovers online without their consent or knowledge as a way of getting back at them for a failed relationship (Tungate, 2014). The quantitative findings of the study showed that 20.6% of the respondents in the study had experienced revenge pornography on Facebook. ...
Cyberbullying is a form of bullying meted out online using digital devices and platforms. This study investigated the types of cyberbullying undergraduate students in Kenyan universities experience. Specifically, it sought to determine the students' presence on Facebook, establish how the students used Facebook, identify the types of cyberbullying they experienced, and recommend strategies of mitigating cyberbullying as a means of making Facebook safer for undergraduate students in Kenya. The study was conducted using mixed research methods. Data was collected from 4770 undergraduate students and 24 deans of students in 16 public and 8 private chartered universities in Kenya. Quantitative data was collected from the students' using questionnaires while qualitative data was collected from students using focus group discussions and deans of students using key informant interviews. Quantitative data was analysed statistically using STATA while qualitative data was analysed thematically using ATLAS.ti. The findings of the study confirm the popularity of Facebook among undergraduate students in Kenya. Students use the platform mainly for dating, business, academics and politics. The main types of cyberbullying experienced by the students on Facebook include shaming, impersonation, blackmail, exposure and cyberstalking. In dealing with cyberbullying, university authorities should create awareness about the vice among their students; the affected students should be counselled to overcome the effects of cyberbullying; and students should be advised to be vigilant in cyberspace. The findings of this study may be applied by universities to develop a students' support service model that makes it easy to detect and mitigate cyberbullying.
... Recent research has started to use the term «image-based sexual abuse», which includes the production, non-consensual dissemination and/or threat to disseminate sexual images of a person without their consent . One of the most common reasons linked to this violence is the intent of revenge (Franks, 2013), which occurs primarily within the context of the breakup of an intimate relationship (Bloom, 2014;Dawkins, 2015;Larkin, 2014;Matsui, 2015;Tungate, 2014), as a form of revenge toward the ex-partner (Walker & Sleath, 2017). Some research claims that NDSM represents an extension of intimate partner violence (IPV; Henry & Powell, 2018), as media technology has partially modified the manifestations of IPV. ...
Non-consensual dissemination of sexual materials – or sexts – via technology represents a crime with psychological and social consequences for the victims, mostly women. Commonly, non-consensual dissemination of sexts results from sexting, i.e., the practice of sharing sexually explicit materials via mobile and internet technologies. The literature so far has provided inconsistent results on the implication of this practice, and it remains unclear under which conditions sexting may represent a risk for suffering non-consensual dissemination of sexts. Based on objectification theory (Fredrickson & Roberts, 1997), we investigated whether the relationship between sexting and experiences of non-consensual dissemination of sexts in young women (N = 351) would be moderated by self-objectification, i.e., the consideration of themselves as a sexual object rather than a fully human being. Overall, results revealed that the link between sexting behaviors and experiences of non-consensual dissemination of sexts was significant only for women with high levels of self-objectification, suggesting that women who reduce themselves to sexual objects were more likely to have experienced non-consensual dissemination of sexts due to sexting behaviors. Implications of results are discussed.
... Cinsel içerikli mesajların yayılması (sext dissemination) mesajların asıl alıcısı haricinde başkalarıyla paylaşılması olarak tanımlanır (17) ve bu durum gönderenin rızası dışında gerçekleştiğinde ciddi sonuçlar doğurabilmektedir. Günümüz literatüründe partnerlerin birbirlerine ait cinsel içerikli mesajları üçüncü şahıslarla paylaşması, birbirlerinden tehdit veya şantaj yoluyla taleplerde bulunması "intikam pornosu" (revenge pornography) olarak tanımlanmakta (18) ve cinsel içerikli mesajların yayılması kapsamında ele alınmaktadır. Konuyla ilgili çalışmalar yapmış araştırmacıların çoğu ikili ilişkilerin sonucunda meydana gelen çatışmalı ayrılıkların bu tarz mesajların yayılmasında önemli bir rol oynadığını belirtmiştir (19,20). ...
Objective:Sexting is emerged as a result of the frequent use of internet and social media to send messages, photos and videos quickly and easily and it became a common concept nowadays. In this sense, the aim of the study is to determine the rate of sexting for the research sample, identifying the factors which affects the perspective towards sexting and to investigate whether there is a relationship between victimization and sexting.Methods:The sample of this research is consisted of 565 participants who are 18 years and older. Theory of Reasoned Action has been used as a background theory to predict and determine the perspective towards sexting and sexting behavior. The data were collected by using demographic information form and sexting scale which are prepared by researchers.Results:The rate of women participants is 70.4% (398) and for men 29.6% (167). For age distribution, 61.4% (347) of the participants are in the age group of 18-25, 38.6% (218) of them are in the age group of 26 and above, and the average age is 25.2. It was determined that a great majority of the participants engaged in sexting, men had more positive attitude and more frequent behavior compared to women, and being a victim of sexting did not make a significant difference on the perspective towards sexting. The proportion of individuals who became a victim because of sexting is 22.5% and most of them were women. According to types of victimization, individuals mostly experience emotional and psychological problems; however, it has been determined that the victimization is not limited to a single form.Conclusion:The prevalence of sexting, perspectives of the individuals and their motivation to act are determined to a certain extent. In this way, the case of unconsidered sexting in Turkey is identified and it is asserted that it can cause serious problems worth considering.
... In the repertoire drawn by the literature to describe this event, recognizing the health consequences of those who suffer such abuse appears as mandatory discursive topos. Thus, damage to identity, self-esteem, integrity, and privacy is identified, leaving psychological marks (anxiety, depression, sleep disorders, suicidal thoughts, and attempted suicide) whose extensions are still hardly known 1,13,15,[19][20][21][22][23] . ...
Resumo O abuso digital nos relacionamentos íntimos constitui um tema ainda pouco estudado no Brasil, sendo tal prática muitas vezes naturalizada, especialmente entre jovens. O objetivo deste artigo é conhecer os sentidos atribuídos por adolescentes para o conjunto de regras e acordos, implícitos ou pactuados, que definem os contornos de um contrato amoroso e o papel do abuso digital nesses entendimentos estratégicos. Estudo qualitativo realizado com fontes orais primárias, a partir de quatro grupos focais com adolescentes de ambos os sexos, de 15 a 18 anos, de escolas públicas e privadas, totalizando 26 estudantes. A análise se pautou na perspectiva da interpretação de sentidos, com viés temático, ancorado na teoria de amor líquido de Bauman e na categoria de amor confluente de Giddens. Confiança, individualidade e intimidade foram valores considerados essenciais para a vigência de um relacionamento íntimo considerado sério. A exposição da intimidade e monitoramento sem permissão são atos que podem levar à ruptura desse contrato amoroso. Os adolescentes nos mostraram que é preciso tratar o abuso digital entre parceiros a partir da reflexão acerca das regras, dos valores e dos acordos que definem os contornos do contrato amoroso que estabelecem.
... When these data were collected, laws were being drafted to criminalize CBSA, and therefore many participants did not have legal recourse (CCRI, 2016). If participants had no legal ability to remove and destroy the material (see Tungate, 2014), they may have elected to disengage altogether. The following section will explore how the varying responses (e.g., hypervigilance of checking behaviors; history of SA) influenced degree of distress among CBSA survivors. ...
... Revenge sexting is defined as the public sharing of an ex-partner's sexually explicit content without his/her consent. This form of sexting may also include information about the identity of the person shown in the photos (Tungate, 2014). ...
The book entitled Sexting: The Exchange of Sexually Explicit Content,
written by Kristina Sesar and Arta Dodaj, seeks to provide comprehensive and
objective understanding of the phenomenon of sexting relying on their own
multiple sources as well as on others’ research findings. The authors, which are
already highly renowned and successful young scientists in the field of bullying
and violence among youth, based this book not only on extensive recognition
of worldwide research findings on these issues but also on a series of their own
research findings which have original theoretical framework and a basis for future
research in this field. Each chapter of this book can be a source of encouragement
and ideas for research and clinical practice or preventive work of psychologists
and other mental health professionals. I think this book will be interesting and
useful not only for professionals in this field, but also for students of psychology
and other related study groups.
Professor Renko Đapić
... Given these serious consequences, it is critical to consider the role of consent underlying this behaviour. Specifically, previous research has largely assumed that sext dissemination occurs against the consent of the original sender, with the use of terms such as revenge pornography (Salter & Crofts, 2015), involuntary (Ronay, 2014;Tungate, 2014) or non-consensual (Dawkins, 2015) pornography, electronically mediated sexual violence (Henry & Powell, 2015;Krieger, 2017) or image-based sexual abuse (Powell, Henry, Flynn, & Scott, 2019). However, this is problematic as the dissemination of sexts may be consensual or non-consensual (McGlynn, Rackley, & Houghton, 2017), as recognised within legal frameworks. ...
This study investigated sext dissemination in a large convenience sample of young adults (N = 691, M age = 22.4, SD = 3.2, 53% female). Participants who disseminated sexts (17.4%) were more likely sexually active, and from a younger age, had requested sexts, received disseminated sexts, and reported higher dark triad trait levels. Images were usually received from a different gender and disseminated to the same gender. Men and women were equally likely to disseminate sexts, mainly to the same gender, whilst men tended to distribute to more individuals. Common motivations were attractiveness, humour and unimportance, with revenge uncommon. Men were more frequently motivated by attractiveness and increased social status. Four unique factors were associated with sext dissemination: having requested sexts, received disseminated sexts, had one's own sexts disseminated and elevated narcissistic traits; consistent with social exchange theory. Age, having requested sexts and having one's own images shared were associated with increased frequency of dissemination. One in ten respondents knew of their own sexts being disseminated; with men (27.9%) three times more likely than women (9.5%) to have consented to dissemination. Theoretical explanations and implications are discussed. Future interventions should focus on explicit consent and empathy, rather than punitive approaches.
... Alongside these two basic forms of sexting, Calvert (2009Calvert ( , 2013 differentiates a third form, so-called "revenge sexting", which he defines as the public sharing of sexually explicit contents showing a former partner, without their consent. This form of sexting may also include information about the identity of the person shown in the photographs (Tungate, 2014). Behind another, a newer form of sexting, which authors (Dake, Price, Maziarz, & Ward, 2012;Tobin & Drouin, 2013) called unwanted but consensual sexting, we find pressure exerted by a partner or peer to send sexually explicit content. ...
Sexting, defined as the exchange of sexually explicit contents among adolescents and young adults using electronic media, has become a popular topic of interest in the wider public. This paper proposed a theoretical model to explain motivational determinants of sexting behaviour. We reviewed sexting literature to show how multiple empirical confirmed motivational factors can be modelled within our framework. By analysing empirical research, we posited a set of individual characteristics and contextual characteristics that explain sexting behaviour. We offered a systematic review of motivational determinants relevant to capture sexting behaviour and guidelines for future research in this area. We intended by this theory to organize prior research into a more theoretically satisfying approach to study sexting and to encourage researchers to expand the model and use it in future studies.
... Devido ao potencial risco de degradação e humilhação pública de quem a sofre 17 , o abuso online no relacionamento afetivo-sexual é reconhecido pelas disciplinas ligadas à saúde e suas enunciações discursivas como um tipo de abuso psicológico e emocional. Tais práticas são apontadas pela literatura como capazes de provocar danos à identidade, à autoestima, à integridade, à privacidade e à imagem pública, deixando marcas psíquicas 23,24 . ...
Contemporary digital culture is marked by intermingling borders between the public and private spheres, urging internauts to be both controllers and controlled. The article analyzes the discursive productions on surveillance and control of partners by online tools provided by the Android and iOS systems, available as cellphone apps. The authors use critical discourse analysis to examine and interpret text messages from 40 Android and iOS apps used to monitor and control intimate partners. We identified two blocks with two distinct (but not mutually exclusive) discursive meanings: control/monitoring and care/protection. The texts' enunciative force is based on a promise of total and unlimited control with the purpose of ensuring "peace of mind", "safety/security", and "harmony" in the intimate relationship. Such surveillance uses rhetorical arguments that refer to "proof of love", "care", and "protection" as justifications for monitoring and controlling the other.
... Cyber dating abuse is not limited to teenage amorous and sexual relationships, since it also occurs in adults, but young people are potentially more vulnerable to its effects 68 . The harms to the identity, self-esteem, integrity, and privacy of victims of cyber dating abuse leave psychological scars, the extent of which is still unknown, potentially leading to withdrawal, depression, anxiety, poor school performance, and even suicide attempts and suicide itself 69,70 . ...
Cyber culture with its related e-commerce, expanded since the 2000s through the advent of social network platforms, incites participants to engage in hyper-exposure and spectacularization of their private lives, with inherent consequences for personal image and privacy, publicizing private matters (especially those pertaining to sexuality and corporality) in the digital media. This raises the need to understand how the phenomenon of cyber dating abuse in affective and sexual relationships is conceptualized and characterized in scientific studies, which health problems are associated with it, and which social technologies are suggested for intervention. This form of abuse is a new expression of intimate partner violence that involves, among other practices, posting embarrassing photos and videos and intimate messages without prior consent, with the purpose of humiliating and defaming the person. The current study is an integrative systematic review, including 35 articles, with a predominance of studies in the United States (22). Types of cyber dating abuse range from direct aggression to stalking. Despite the high prevalence, especially among adolescents and youth, the literature highlights that this type of cyber abuse is often taken for granted. The suggested interventions are mostly for prevention and awareness-raising concerning relationship abuse, action by school counselors, and family orientation. The high reciprocity of cyber dating abuse between males and females indicates that future studies should attempt to elucidate how the dynamics of gender violence are reproduced or subverted by it.
... Critics like Tungate (2014) simply argue that specific blind spots in Section 230 (e.g. regarding "revenge porn") require tweaks to the legislation. ...
This article analyzes grassroots opposition to the website Ripoff Report (RoR). RoR is a user-generated content (UGC) platform for “consumer reviews” about both business entities and, often, individuals. In America, Section 230 of the CDA (1996) empowers RoR to refuse removing even postings that have been judged defamatory. Instead, the site counsels rebuttal (“counterspeech”) or paying for its self-administered arbitration service—audaciously casting itself as a more efficient (for-profit) substitute for the court system. RoR therefore represents the liberal “marketplace” orientation of Section 230 taken to its logical extreme. Grassroots opponents claim that official legal deference to the content policies of sites like RoR creates a unique kind of symbolic and normative harm. Building on the existing practical critiques of Section 230, I argue that they implicitly invoke Donald Downs’ “community security” paradigm in a digital context. They call on both websites and government to increasingly prioritize protecting citizens from the indignity of confronting (what they see as) personally humiliating speech rather than simply counseling “more speech” as the solution. The RoR controversy thus gives us additional insight into the popular objections provoked by Section 230. Overall, studying them helps further our nascent understanding of the consequences and reactions when “platforms intervene” as regulatory forces.
... Our results showed a relevant percentage of participants (almost one third) reporting to have sexted during substance use at least once: This alarming result seems in line with studies that found sexting often related to substance use (Benotsch, Snipes, Martin, & Bull, 2013;Dake et al., 2012; and could be explained with the disinhibitory effect of alcohol and drugs on sexual responsiveness (Justus, Finn, & Steinmetz, 2000;MacDonald, Zanna, & Fong, 1998;Wilson & Niaura, 1984). Moreover, a sizable proportion of participants that should not be overlooked (12.5%) reported to have sent sexts about someone else without his/her consents: This behavior, defi ned secondary sexting (Calvert, 2009), may sometimes hide harmful intentions and its consequences are often negative for the victims as enlightened in studies about the so called revenge porn (Calvert, 2013;Tungate, 2014). ...
Background:
Sexting is the exchange of sexually explicit or provocative content (text messages, photos, and videos) via smartphone, Internet, or social networks. Recent evidence enlightened its relationships with several risk and aggressive behaviors. This study aimed to investigate the relationship between the amount of sexting, psychological distress, and dating violence in adolescents and young adults.
Method:
The study involved 1,334 participants (68% females; mean age = 20.8) who completed a survey containing Kinsey Scale, Sexting Behavior Questionnaire, Conflict in Adolescent Dating Relationships Inventory, and General Health Questionnaire.
Results:
Results showed gender and sexual orientation differences: Males (vs. females) did more sexting, while non-heterosexuals (vs. heterosexuals) were more involved in sexting. Moreover, high/moderate users of sexting committed more offline and online dating violence. Regarding psychological distress, no differences were found between high and low/moderate users of sexting.
Conclusions:
Results suggested that moderate and high use of sexting could be a risk factor for some problematic behaviors such as dating violence, even if there is not a relationship with anxiety and depression symptoms.
... Studies about the legal aspects of sexting have further described two broad categories: "experimental sexting," which has no harmful intentions and fits with typical adolescent development (flirting, joking with partner or friends) and "aggravated sexting," which involves a harmful intention and/or an unwise misuse of sexual images of someone else (Wolak, Finkelhor, & Mitchell, 2012). In line with this categorization of sexting, several studies focused on the so-called "revenge porn" described by Calvert (2013) as the public sharing of nude or seminude photos or videos of a lover or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 CHB3817_proof ■ 29 November 2015 ■ 1/7 ex-lover without his/her permission and sometimes adding information about his/her identity (Tungate, 2014). Furthermore, Dake, Price, Maziarz, and Ward (2012) and Tobin and Drouin (2013) shed light on another aspect of sexting, "unwanted but consensual sexting," which is due to pressure from partner or peers to sext. ...
... Studies about the legal aspects of sexting have further described two broad categories: "experimental sexting," which has no harmful intentions and fits with typical adolescent development (flirting, joking with partner or friends) and "aggravated sexting," which involves a harmful intention and/or an unwise misuse of sexual images of someone else (Wolak, Finkelhor, & Mitchell, 2012). In line with this categorization of sexting, several studies focused on the so-called "revenge porn" described by Calvert (2013) as the public sharing of nude or seminude photos or videos of a lover or ex-lover without his/her permission and sometimes adding information about his/her identity (Tungate, 2014). ...
... Our results showed a relevant percentage of participants (almost one third) reporting to have sexted during substance use at least once: This alarming result seems in line with studies that found sexting often related to substance use (Benotsch, Snipes, Martin, & Bull, 2013;Dake et al., 2012; and could be explained with the disinhibitory effect of alcohol and drugs on sexual responsiveness (Justus, Finn, & Steinmetz, 2000;MacDonald, Zanna, & Fong, 1998;Wilson & Niaura, 1984). Moreover, a sizable proportion of participants that should not be overlooked (12.5%) reported to have sent sexts about someone else without his/her consents: This behavior, defi ned secondary sexting (Calvert, 2009), may sometimes hide harmful intentions and its consequences are often negative for the victims as enlightened in studies about the so called revenge porn (Calvert, 2013;Tungate, 2014). ...
Sexting is the exchange of provocative or sexual contents. Recent evidence uncovered its relationships with several risk and aggressive behaviors. This study aimed to investigate the relationship between the amount of sexting, psychological distress, and dating violence in adolescents and young adults. The study involved 1334 participants (68% females; mean age = 20.8) who completed a survey containing Kinsey Scale, Sexting Behaviors Scale, Conflict in Adolescent Dating Relationships Inventory, and General Health Questionnaire. Results showed gender and sexual orientation differences: Males (vs. females) did more sexting, while non-heterosexuals (vs. heterosexuals) were more involved in sexting. Moreover, high users of sexting committed more offline and online dating violence. Regarding psychological distress, no differences were found between high and low/moderate users of sexting. Results suggested that a low/moderate use of sexting could be a new expression of sexuality of young people and should not be defined per se as a risk factor.
Au cours des dernières années, les avancées technologiques ont entraîné d'importantes transformations dans les dynamiques relationnelles, en particulier en ce qui concerne les mécanismes de surveillance et d'abus au sein des relations conjugales. Ces évolutions technologiques ont simplifié et élargi les possibilités de contrôle dans les relations conjugales, donnant ainsi lieu à l'émergence de nouvelles formes de coercition, notamment les cyberviolences sexuelles. Dans le cadre de cet entretien avec Jean-Pierre Bouchard, Alexandre Gauthier, Andréanne Lapierre, Tamsin Higgs et Marina Sorochinski explorent cette nouvelle forme de coercition en abordant : sa définition ; son ampleur ; les motivations et les caractéristiques des auteurs de ces violences ; les conséquences de cette forme de violence sur les victimes ; ainsi que les aspects juridiques entourant ces violences. Les chercheurs concluent en proposant quelques mesures préventives susceptibles de réduire la fréquence des cyberviolences sexuelles au sein des relations intimes et de protéger les victimes. // In recent years, technological advancements have led to significant transformations in relational dynamics, particularly regarding surveillance mechanisms and abuse within marital relationships. These technological developments have simplified and expanded the possibilities of control in marital relationships, giving rise to the emergence of new forms of coercion, notably cyber sexual violence. In this interview with Jean-Pierre Bouchard, Alexandre Gauthier, Andréanne Lapierre, Tamsin Higgs, and Marina Sorochinski explore this new form of coercion by addressing its definition, scope, motivations, and characteristics of the perpetrators of such violence, the consequences of this form of violence on victims, as well as the legal aspects surrounding these acts. The researchers conclude by proposing some preventive measures that may reduce the frequency of cyber sexual violence within intimate relationships and protect victims.
Objectives:
This study aims to provide an in-depth analysis on the phenomenon of sexting through the investigation of the motivations that lead adolescents to such practice. We took account of gender differences and the more used varieties of sexting behaviors. Recent studies have pointed out that sexual purposes, instrumental motivations and body image reinforcement, as well as the pressure exerted by partners and friends, seem to be the reasons that push teenager to resort to sexting. The aim of our research is to evaluate which of these motivations are mainly associated to sexting behaviors.
Method:
Our sample involved 157 teenagers aged from 13 and 20 years (M=17,39), among which 110 were female. We administered the sample the Questionnaire on Sexting Behaviors and the Questionnaire on Sexting Motivations.
Results:
Our results found that 69,4% of participants (n=109) reported having done sexting at least once. Statistically relevant differences emerged in favor of the male group as concerns the subdimension of received sexts and that of sent own sexts. On the other hand, no statistically significant differences were found in relation to gender and concerning the three sexting motivations, even if the results of a multivariate linear regression model have indicated that only Instrumental/aggravate reasons (p < .001) and Sexting forced by partner (p = 0.15) significantly predicted sexting.
Conclusions:
The role played by Instrumental motivations is a worrying wake-up call, since such behaviors can prelude to violent actions like dating violence and cyberbullying. Therefore, more in-cisive and early preventive measures are needed.
Image Based Sexual Abuse (IBSA) denotes the creation, distribution, and/or threat of distribution of intimate images of another person online without their consent. The present study aims to extend emerging research on perpetration of IBSA with the development and preliminary validation for the moral disengagement in IBSA scale, while also examining the role of the dark triad, sadism, and sexism in a person’s likelihood to perpetrate IBSA. One hundred and twenty English speaking participants (76 women, 44 men; mean age=33 years) were recruited via social media. Machiavellianism and psychopathy were found to predict IBSA proclivity, whilst rivalry narcissism predicted greater feelings of excitement and amusement towards IBSA. Moral disengagement predicted IBSA proclivity and blaming the victim. It was also positively related to greater feelings of amusement and excitement towards IBSA. This suggests a distinct personality profile of IBSA perpetrators, and that moral disengagement mechanisms play a role in facilitating and reinforcing this behaviour.
The aim of this review was to synthesize the current literature regarding revenge pornography and the non-consensual sharing of sexually explicit media. A systematic search was made of five databases using relevant search terms. From these searches, 82 articles were retained for inclusion within the systematic review. The literature spanned areas of research including legal, theory, as well as psychology related empirical papers. The findings show that particularly in the U.S., but in other countries as well, there are significant concerns regarding the implementation of revenge pornography legislation, despite this being recognized as an important endeavor. Non-consensual sharing perpetration and victimization rates can vary considerably according to how the behavior is defined and measured, however, these behaviors were evident for a considerable number of individuals across both genders.
Criminal policy adopted in sexual offences, initially intended to protect minors and youths, has led some countries to criminalise online sexual contact between teens themselves. Prevalent engagement in sexting by minors has already been subject to sanction in the US and could be sanctioned in European countries in the case of punitive criminal policy in this area becoming widespread. This study, conducted in Spain with a sample of 489 youths between the ages of 14 and 18, determines the lifetime prevalence of teen participation in sexting behaviours, the profile of those who sext, the dynamics of their participation and the emotional effects it can have on the parties involved. In light of the results, an approach to sexting is proposed that, in keeping with the discourse of normalcy, is based more on education than sanction, avoiding approaches that link this behaviour necessarily with the idea of deviation.
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