Arizona Revenge Porn Bill Aims High, Deemed Flaccid by Law Expert

Let's talk about the ins-and-outs of revenge porn legalities.
Let’s talk about the ins-and-outs of revenge porn legalities.

In an attempt to quell revenge porn, The Arizona legislator has proposed a new law — House Bill 2515. The bipartisan bill aims to make illegal to “knowingly disclose, display, distribute, publish, advertise, or offer a photograph, videotape, film or digital recording or other reproduction of another person in a state of nudity or engaged in a sexual act without obtaining the written consent of the depicted person.”

Most people can agree that so-called revenge porn is an odious plague. As such, attempts to legally curtail the pastime – like Arizona’s HB 2515 – seem like a great idea. Moreover, since professional pornographers are required to keep proof of age and consent forms, people often wonder: “Why not make consent mandatory for all media involving nudity or sex acts?” Seems logical, right?

Maybe not.

Law professor Derek Bambauer points out a huge flaw in the proposal, citing the First Amendment. The bill does not make any provisions for videos, images or gifs that are newsworthy or of public interest. He points that anyone possessing media showing a politician engaging in an illicit sex act would be perfectly within their rights to distribute the material as newsworthy and an issue for public concern.

Bambauer does offer up a solution along with his criticism. He is a proponent of expanding copyright law to include so-called ‘intimate media,’ just as the state of California has already done. Doing so, he postulates, would simultaneously encourage the creation of intimate media by consenting adults and punish those who distribute it non-consensually.

Revenge Porn Lawyer

Revenge porn is serious. It has the power to ruin a person’s reputation. If you’re dealing with a revenge porn issue and want to explore your legal options, get in touch today. Our firm has handled many online harassment, defamation and revenge porn cases – and our track record is stellar.

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