The rise of image-based sexual abuse — commonly known as “revenge porn” — has sparked legal advancements, most recently with the passage of the TAKE IT DOWN Act
Over the past 15 years, the convergence of increasing use of social media and ubiquitous utilization of mobile devices has sparked a new area of crime known as image-based sexual abuse (IBSA), or non-consensual intimate imagery — also known as revenge porn and digital sextortion. Indeed, recent studies suggest this area of illegal activity has jumped by double digits year-on-year.
In the United Kingdom, for example, the Revenge Porn Helpline noted a 106% increase in reports in 2023, compared to the previous year. Sextortion remained the predominant concern and made up more than one-third (34%) of all cases. The data reveals that overall, there was a 54% increase in sextortion cases compared to 2022, highlighting a concerning pattern that hasn’t been seen since 2021.
In the United States, the data is a little dated but double-digit increases too are suggested. In 2016, 10 million people, or about 4% of Americans, reported being victims of nonconsensual pornography. A larger 2019 study suggests the problem has only grown, showing a 400% increase in the number of victims from 2016 — all in the space of just three years.
Given the rise in the use of generative AI to create deep fakes, it is easy to surmise that cases of IBSA will continue to be on the rise for some time.
Improvements in legal landscape on the horizon in the US
Obtaining justice for victims of IBSA around the world is no easy task. Only about a dozen countries have laws on the books concerning IBSA as of 2018. In addition, prosecuting offenders in the US up until now has been a patchwork of local and state laws. Indeed, 48 states plus the District of Columbia and Guam have criminalized IBSA.
The good news is that change is on the horizon with the bill known as the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act or the TAKE IT DOWN Act that was passed on April 28 and signed into law in late May.
The new law prohibits the intentional disclosure of nonconsensual intimate visual depictions, including digital forgeries. It amends Section 223 of the Communications Act of 1934 to criminalize the publication of such depictions without consent, especially if the images are intended to harm or result in harm, including psychological, financial, or reputational damage.
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The Act also defines key terms, such as identifiable individual, and intimate visual depiction, which are important concepts to enforce the bill. For example, an identifiable individual is someone who appears, in whole or in part, in an intimate visual depiction and whose face, likeness, or other distinguishing characteristic (such as a unique birthmark or recognizable feature) is displayed in connection with such depiction. And an intimate visual depiction carries the meaning given in section 1309 of the Consolidated Appropriations Act, 2022, which includes visual representations involving nudity or sexually explicit conduct.
In addition, the bill establishes penalties for offenses involving both adults and minors. For adults, violations can result in fines or imprisonment of up to two years; while for minors, the penalties increase to fines or imprisonment of up to three years. Exceptions to the prohibition include lawful activities by law enforcement and disclosures made in good faith for legitimate purposes such as legal, medical, or educational needs.
The Act also mandates covered platforms, including websites, services, or applications serving the public with user-generated content, to establish a notice and removal process for nonconsensual depictions. Platforms must remove such content within 48 hours of a valid request and are protected from liability for good faith removal actions. The U.S. Federal Trade Commission is empowered to enforce compliance, treating violations as unfair or deceptive acts.
More action to protect potential victims needed
Research into the negative impacts of victims is significant. Among IBSA victims, 93% experienced considerable emotional distress, and 82% faced substantial challenges in social, work, or other vital aspects of their lives, according to the Cyber Civil Rights Initiative. Meanwhile, just more than half (51%) of victims revealed they had contemplated suicide. Additionally, 55% were concerned about their professional reputation being damaged due to IBSA, and 39% reported that it had negatively impacted their career.
These negative implications point to the need for additional measures beyond legal avenues to safeguard potential victims. One area in which there is a large need is building awareness among adults under 40, which comprise 52% of victims of IBSA cases. This is especially true because people in this age range have high-volume social media habits.
Likewise, increasing education for caregivers and parents in order to better prevent their children from becoming victims is also critical. Resources such as Thomson Reuters’ Safe Settings campaign and the U.S. Department of Homeland Security’s Know2Protect initiative are great examples of awareness-building campaigns.
In particular, caregivers should protect their children by teaching them about the risks of sharing personal or inappropriate content online and the lasting nature of digital information. They should also guide them on how to set up privacy controls on mobile apps, recognize online predators, and find trusted adults for support. Parents should also stress the consequences of sexting and cyberbullying and emphasize that sharing sexual abuse material is illegal.
The TAKE IT DOWN Act represents a significant step forward in the fight against IBSA and digital exploitation, offering new legal avenues to protect victims and hold offenders accountable. However, legal measures alone are not enough, and continued efforts in education and awareness are essential to prevent future occurrences, empower potential victims, and foster a safer online environment for everyone.
You can find out more about the ways to strengthen online privacy rights here
