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California bans revenge porn

Possible jail time for posting compromising photos without permission

Published

(Shutterstock)
(Shutterstock)

One of the nastiest Internet trends of recent years is now officially illegal in the state of California. California Gov. Jerry Brown on Tuesday signed a bill outlawing so-called revenge porn — making it now a misdemeanor to post identifiable naked pictures of someone else online without their permission and with the intent to cause emotional distress or humiliation, with a penalty of up to six months in jail and a fine of $1,000.

While a possible important protection for victims, free speech advocates are concerned the law sets a troubling precedent for stifling online content.

The AP reported:

Before the criminal law was enacted, California allowed victims to sue their virtual assailants, but that is an expensive and time-consuming option.

The American Civil Liberties Union had opposed the bill, arguing it might restrict free speech rights, which has been a concern in other states as well.

Florida lawmakers rejected a similar bill this year after First Amendment concerns surfaced there. Last year, the Missouri Supreme Court cited concerns about free speech in striking down part of a 2008 law enacted after a teenager who was teased online committed suicide.

By Natasha Lennard

Natasha Lennard is an assistant news editor at Salon, covering non-electoral politics, general news and rabble-rousing. Follow her on Twitter @natashalennard, email nlennard@salon.com.


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