ZAVA Study 2018 – The phenomenon of nudes: exploring the sext generation

Having someone keep your photos or sext is one thing, but posting them online without your permission is another.

We have noticed that women and, in general, Europeans, are more likely to see their naked photos shared without their consent, whether on the web, on social networks or on instant messaging services such as Snapchat.

So, 19% of European men and 15% of European women, compared to 8% of American men and 7% of American women, have ever seen a naked photo of them shared online without their permission.

This practice, sometimes called revenge porn – for “revenge by sex” -, is illegal. As the nudes and online content posting have become popular, laws have been established to protect those who may no longer have control over how these images are shared.

Thus, if you share a nude photo that you have received with a third party, regardless of the context, it may be considered a violation of the laws on image rights and privacy.

French law provides, according to article 226-1 of the Penal Code, that it is « punishable by one year’s imprisonment and a fine of 45,000 euros for willfully violating the privacy of the private life of others « , especially « by fixing, recording or transmitting, without the latter’s consent, the image of a person in a private place« .

By virtue of article 226-2-1, « when these offenses relate to words or images of a sexual nature taken in a public or private place, the penalties are increased to two years’ imprisonment and a fine of € 60,000. »

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