Israel’s new law to send ‘revenge porn’ uploaders to jail for five years

The Knesset passed an amendment to the Sexual Harassment Bill which stipulates that no sexually explicit image or video can be uploaded to the internet, a measure that is expected to curtail so-called revenge porn incidences.

The new law drafted by MK Yifat Kariv (Yesh Atid) states that the posting of 'revenge porn' without the depicted individual’s knowledge will be considered sexual harassment, punishable with up to five years in jail.

Individuals who are targeted by this activity will be considered victims of sexual assault, states the law that was passed Monday.

Kariv drafted the legislation last year after a man posted a video of himself having sex with his ex-girlfriend on the mobile messaging application, WhatsApp. The video was then shared with tens of thousands of people.

“These days, we are witnessing more and more cases of sexual assault that are fecklessly documented and shared with the public,” said Kariv, as quoted by The Times of Israel.

The Israeli MP called the law a decisive step against stopping the “shocking phenomenon of ‘virtual rape.’”

“This is a great accomplishment for victims of sexual crimes.”

She added that posting sexually explicit media “could ruin the lives of people and young girls, some of whom develop suicidal tendencies or become unwitting porn stars as a result.”

Other countries have already experienced such tragedies.

In New Jersey, one of two US states that have laws against revenge porn, a Rutgers university student was prosecuted after he distributed video footage of his roommate engaged in sexual activity, after which the roommate committed suicide. The law has also been used to press charges against several men who allegedly posted revenge porn of their former girlfriends.

In California, it is prohibited to distribute “intimate” photographs or videos taken of an individual “with the intent to cause serious emotional distress.”

The ACLU, however, argued that the posting of ‘revenge porn’ is protected by the First Amendment: "The posting of otherwise lawful speech or images even if offensive or emotionally distressing is constitutionally protected. The speech must constitute a true threat or violate another otherwise lawful criminal law, such as stalking or harassment statute, in order to be made illegal.”

Many other countries have privacy legislation on the books that may be applicable to revenge porn.

France, for example, deems it illegal to violate the privacy of another by "transmitting the picture of a person who is within a private place, without the consent of the person concerned."

Canada is considering legislation that criminalizes the "non-consensual distribution of intimate images" and permits the elimination of revenge porn from the Internet.