Welcome back to our discussion about revenge porn and how the law in Michigan deals with this particular issue. In our previous article we talked about what revenge porn is and what the current penalties are for people convicted of this crime. We also talked about some of the ways in which victims have suffered as a result of this particular sex crime. However, in this article we would look at the opposing arguments.

Before we jump into that though, we just want to clarify something. In response to our previous article a few readers asked about exactly what counts as revenge porn in Michigan. Well, it can be a confusing issue, we understand. So here are a few basic facts that you should use as a gauge when deciding to post pictures and videos of other people online:

• Do the images/videos contain nudity, or sexual/sensual content?
• Do you have the explicit permission of the person in the pictures to make them public?
• Is the person in the picture old enough to be photographed/filmed naked?
• Is your intention in making the pictures public to cause them shame, or intimidate them?

Most people will tell you that revenge porn is immoral, if not illegal. But not everyone agrees with that current perspective. Some people believe that if you knowingly and intentionally share an image or video with someone else, then you have given it to them. It becomes their property. Which means that they may do as they please with it.

This situation blurs the lines between what is considered someone’s right to privacy, and someone else’s right to free speech. An article in WIRED magazine addressed the issue by saying that “the exploitation of women and children has always been the Trojan horse of internet regulation.”

Does criminalizing revenge porn deny people their first amendment rights?

According to the article, entitled “Revenge Porn Is Bad. Criminalizing It Is Worse,” there are numerous other ways to handle the issue without creating new laws. “A number of legal remedies against both vengeful exes and website operators already exist: civil tort actions, DMCA takedowns, criminal statutes against extortion, and even a federal law that could give the FBI authority to go after the sites.”

In recent years, the American Civil Liberties Union has also raised concerns about First Amendment rights in relation to this issue. They have cautioned several states against making revenge porn a felony, suggesting instead that victims use civil remedies to solve the problem. This has been met with fierce resistance by prosecutors around the nation and right here in Michigan.

Reason.com points out that the free speech argument, while valid in many cases, doesn’t really apply here. “Free speech absolutism can seem naive in the face of revenge porn’s very real consequences.” In their article, Reason.com quotes Mitchell Matorin, an attorney who has defended revenge porn victims, who says that “If you consider this ‘speech’ and you prize ‘free speech’ above all else, be honest and admit that your only concern is an abstract ideal and the victims are just collateral damage.”

Join us next time, when we will be discussing the many companies, organizations and branches of government that are working to eradicate revenge porn in different ways. Until then, if you or a loved one have been accused of a sex crime in Michigan, whether it happened online or in person, contact The Kronzek Firm immediately at 866 766 5245. Our experienced sex crime defense attorneys have been defending people accused of sexual violations for decades. We can help you too.