IMAGE-BASED SEXUAL ABUSE IN LIGHT OF THE U.S. CONSTITUTION

In recent years, the distribution of intimate photos or videos without the consent of the person depicted has become a widespread phenomenon in many countries. Unfortunately this phenomenon expanded even more during the Coronavirus pandemic. The development of small and inexpensive cameras that can be concealed anywhere has increased the vulnerability of women. Due to the unique characteristics of the virtual domain, the phenomenon of “revenge porn” has far-reaching implications for the victims.
By 2022, almost all U.S. states had criminalized revenge porn. However the legislation is eclectic. One of the principal reasons for these differences, is the fact that revenge porn laws are perceived as violating the First Amendment. In this lecture I will criticize this position and will examine the main differences between the existing law in Israel regarding revenge porn (including the balance between the offense against revenge porn and freedom of speech) and the law in the U.S.