Revenge pornography is a form of cyber violence where explicit images or videos are shared or misused without the consent of the person depicted. While revenge pornography can impact individuals of all ages, young women and girls are the most frequent victims. Particularly alarming is the prevalence of this issue among minors, who may not fully understand the long-term repercussions of sharing intimate images. Digital violence among youth is a growing concern, and minors are especially at risk due to their limited experience and awareness of online dangers.
It is important to recognize that advancements in technology have transformed how people share intimate moments. What used to be expressed in love letters is now often communicated through messages and digital content. The background of this phenomenon is in the rapid grow of the internet and adoption of dating apps and pornography. It is interesting that the first case of revenge porn originates from 1888, when an American photographer was caught pasting the heads of „high society“ women on nude bodies and selling them. This is only the first situation in a million others that have been happening until today. The motives are different, the methods have been evaluated, but the awareness of the faults of such actions has not budged everywhere.
Who should be ashamed?
Private materials should never be exploited for purposes of blackmail, revenge, humiliation or any other. In situations like this, a patriarchal society always shifts the blame to the victim, instead of to the one who threatened someone’s privacy and dignity.
One significant reason that victims often withhold from reporting this type of abuse is the overwhelming sense of shame. Those who face the unauthorized sharing of their intimate recordings frequently struggle with feelings of guilt, despite being guiltless. The fear of societal, familial, or peer judgment complicates their ability to report the incident and seek assistance. In addition to violating privacy, revenge pornography poses a serious threat to an individual’s bodily integrity. Everyone has the right to control their own body and determine how their intimacy is shared, and any unauthorized distribution of explicit content is a grave infringement of that right. The digital realm should not serve as a means to violate the bodily and psychological integrity of individuals, and society must strive to empower victims while holding offenders accountable.
A survey from 2015 says that among revenge porn victims, 93% reported significant emotional distress, while 82% reported suffering significant impairment in social, occupational, or other important areas of functioning.
Experts caution against the term “revenge pornography”. Intimate recordings should not be equated with pornography, as they were not made for the needs of a wider audience. In fact, it constitutes a violation of privacy and a form of abuse. Moreover, this terminology can further humiliate the victims involved.
Global sitation
Non-consensual sharing of intimate recordings, is a significant problem across the globe. While Croatia and Slovenia have made this offense illegal, Serbia has yet to establish specific laws to combat it. A research conducted by the organization „OsnaŽene“ revealed numerous Telegram groups where thousands of explicit images and videos, including child pornography, are shared on a daily basis, often without the consent of the individuals involved. There was a lot of talk about this topic a year before, also in Serbia, when BIRN journalists Anđela Milivojević and Gordana Andrić talked to more then 20 girls that were direct victims of these Telegram groups.
In Europe, 11 EU countries classify revenge pornography as a criminal act. The UK outlawed it in 2015, and countries like Germany, France, and Italy have also implemented laws to penalize the unauthorized distribution of explicit material. In the United States, 46 states have enacted laws against revenge pornography, and Australia introduced penalties of up to three years in prison in 2018. Despite the growing legal frameworks, revenge pornography continues to pose a challenge due to the swift dissemination of content on digital platforms and the complexities involved in law enforcement.
Situation in Montenegro
At the end of 2023, Montenegro introduced legislation addressing the abuse of sexually explicit content in its Criminal Code. This change was advocated by NGO Prima through its project „Osviještene. Sigurne. Zaštićene.“ („Aware. Safe. Protected.“). In Kotor, there was one reported case of abuse involving sexually explicit content. NGO Prima has received feedback from young individuals visiting its counselling centre, as well as insights from youth engaged in the organization’s activities. In 2024, the total number of reported cases risen to 42. However, none of those who shared their experiences at the counselling centre chose to report the incidents to the police or prosecution.
According to Article 175a of the Criminal Code of Montenegro, anyone who shares a video, recording, photograph, or document containing sexually explicit content without the consent of the individual involved can face up to two years in prison. The same penalty applies to anyone who creates or modifies such content using a computer system or other means and shares it with others, as well as to those who threaten someone with the release of such content.
If someone uses information and communication technologies to distribute this content to a wider audience, they could face up to three years in prison. In cases where the offense involves a child, the prison sentence can range from one to eight years. For officials committing this offense, the penalty can range from three months to four years in prison, or three months to five years if the content is distributed to a larger audience. If the offense is against a child, the sentence can be between two and ten years in prison.
Why is it important to talk about this?
Non-consensual image abuse is more than just a digital issue of this generation, it has intense effects on the lives of the victims. Those who endure this form of abuse often can face emotional trauma, a breakdown of trust, social stigmatization, and a fear of being judged. In countries where this act is classified as a criminal offense, offenders can face legal consequences, but this is depending upon the case being reported and pursued in court.
This underlines the importance of raising awareness about digital security, privacy rights, and the legal options that are available to the victims. Education, upbringing, particularly among younger individuals, is momentous for prevention. Engaging in conversations about digital ethics, the repercussions of sharing intimate content, and the significance of consent can help mitigate the risk of exploitation.
This issue extends beyond individual experiences; it is a societal challenge. By fostering a safer online environment, enhancing legal protections, and reducing the stigma surrounding victims, we can play a part in fighting digital violence and safeguarding essential human rights, including privacy, dignity and bodily integrity.