Distribution of “Revenge Porn” and Deepfakes is Now an Offense in Massachusetts
Last month distribution of “revenge porn” – nude or sexually explicit photos or videos shared online without the consent of the person pictured – became a criminal offense in Massachusetts, as part of a bill aimed at protecting victims of abuse The Commonwealth became the second-to-last state in the country to outlaw this kind of distribution (leaving South Carolina the lone state without a law specifically addressing this issue). Congress also passed a law in 2022 that allows victims of revenge porn to sue in federal court to recover damages from the person who disclosed the images and to enjoin further sharing. The new Massachusetts legislation closes several legal gaps in state law and contains measures designed to prevent harmful online exploitation.
The typical revenge porn case involves photographs taken by or sent to an intimate partner, who then either shares them with others or posts them online. The term “revenge” porn comes from cases where the images are distributed to get revenge on a former partner by damaging their reputation or to blackmail them. However, people often share such images for other reasons, such as wanting to share an image with friends or for economic gain or entertainment. Because revenge is not always the motive, other terms such as image-based sexual abuse or nonconsensual distribution of intimate images are gaining currency as more accurate descriptions of the offense.
What is criminalized under the Massachusetts statute?