Using IP rights to protect human rights: copyright for 'revenge porn' removal. (September 2020)

• Record Type: Journal Article
• Authors: O'Connell, Aislinn; Bakina, Ksenia
• Is Part Of: Legal studies. Volume 40:Number 3(2020)
• Page Start: 442
• Page End: 457
• Publication Date: 2020-09
• Subjects: human rights law, -- intellectual property law, -- revenge porn, -- image-based sexual abuse, -- privacy; Law -- Great Britain -- Periodicals; Law -- Periodicals; 340.05
• DOI: 10.1017/lst.2020.17
• Languages: English
• ISSNs: 0261-3875

Abstract

Abstract: 'Revenge pornography' is a concept which embraces a broad spectrum of the non-consensual distribution of private sexual images. Acknowledging the harms that arise from this practice and the human rights implications of 'revenge pornography', this paper focuses on the difficulty of removing those images from the Internet. It considers the legal vehicles which can be employed to force websites and third-party operators to remove private sexual images, including privacy law and copyright notice and takedown systems. It concludes that the piecemeal approach to image removal is insufficient, and that a more cohesive and appropriate approach to image removal is required to ensure that victim-survivors' rights to private and family life are properly protected.