A damages award of EUR 120,000 for non-consensual intimate imagery (revenge porn) was granted by a German court (LG Düsseldorf 12 O 55/22) to a woman who saw 15 of her videos containing sexual scenes uploaded to pornographic websites.
The woman had met the man through a dating application, where he had appeared under a false name. The two began exchanging electronic messages and speaking on the telephone. In order to gain her trust, the man went so far as to send her flowers and sweets to her home, together with a love note promising eternal love.
Having convinced her of his pure intentions, the man began to request the exchange of personal material, photographs and videos. Within the space of a few weeks, the woman created 15 videos with her mobile phone, which she sent to him. These videos, ranging in duration from a few seconds up to 6 minutes, depicted her performing erotic acts. Throughout this entire period, the two persons never met in person.
Entirely suddenly and without any apparent reason, in late February 2021 the man informed the woman that he wished to end their relationship. On that very same day, 28 February, the woman conducted a search for her name on a search engine and discovered that one of her videos had been uploaded to pornographic websites. Even worse, the video bore her full name as its title, which had also been included in the URL. On 4 June 2021, she located the remaining 14 videos uploaded to another pornographic website. In November 2021, the police identified the previously unknown perpetrator and the plaintiff initiated legal proceedings, seeking damages for the unlawful violation of her personality rights.
Before the court, the man admitted that he had been responsible for publishing the material, which he attempted to attribute to mishandling, claiming that his intention had been to upload the videos for personal use, since he did not wish to store them on his computer, so that they would not come to the knowledge of his wife or children. According to his assertions, when uploading the material, the defendant was certain that the videos would be accessible only to himself.
These assertions did not in the slightest persuade the court, which expressed its concern as to why someone would upload erotic videos for personal use to a porn site rather than to a simple cloud provider. At the same time, the fact that the videos bore titles not only in German but also in English persuaded the court that the defendant’s intention had been, from the outset, to share the material with visitors to erotic websites. The court found a most serious violation of the plaintiff’s personality rights.
The criteria for determining the amount of pecuniary compensation were the manner in which the material had come into the hands of the defendant, the precise content of the material, the possibility of identifying the person depicted or the disclosure of details relating to her identity, the number of persons who had gained access to it, the motives of the defendant and, finally, the consequences (personal, professional, financial) arising from the publication of the material.
Applying these criteria to the facts of the specific case, the court ordered the defendant – the owner of a real estate agency – to pay the sum of EUR 120,000.
- See also article Revenge Porn – Lawyer
- See also article Bank Liability in Online Fraud
- See also article New 2023 Law on Bank Liability
- See also article Investment Fraud Lawyer
- See also article Child Pornography
- See also article Defamation via Facebook
- See also article Cyberbullying
- See also article Computer Fraud
- See also article Hacking
- See also Methods of Online Attacks
- See also article Malicious Software
- See also article Online Attacks
- See also article Online Piracy
- See also article Software Piracy
- See also article Pharmaceutical Trafficking
- See also article 10 Security Practices
FREQUENTLY ASKED QUESTIONS ON DAMAGES AWARDS FOR REVENGE PORN
1. What am I facing if my personal intimate material has been published?
This constitutes a most serious violation of personality rights, giving rise to a claim for pecuniary compensation for moral damages on the basis of Articles 57, 59 and 932 of the Civil Code (AK). At the same time, the act constitutes a criminal offence against sexual dignity and an infringement of the legislation on personal data. The German judgment for EUR 120,000 demonstrates the tendency of the courts to deal severely with the publication of intimate material without consent, particularly when accompanied by the victim’s name. Greek case-law follows a similar direction, with amounts awarded in proportion to the gravity and extent of the violation.
2. What can I do to have the material removed immediately?
The first step is the evidentiary preservation of the postings by means of a notarial certification of unlawful content, in order to secure the evidentiary basis. This is followed by a notice and takedown request addressed to the websites and search engines, invoking the GDPR (GKPD) and the right to be forgotten. In parallel, a criminal complaint is filed with the Public Prosecutor’s Office of First Instance, which is forwarded to the Cybercrime Prosecution Division, while an application for interim measures may also be lodged seeking an immediate judicial order for removal. The speed of reaction is critical for limiting the spread of the material.
3. Within what time frame can I claim damages?
The claim for pecuniary compensation for moral damages is, as a rule, subject to a five-year statute of limitations running from knowledge of the violation and of the responsible party, while criminal prosecution follows its own time limits depending on the classification of the act. Civil proceedings are usually concluded within 18 to 30 months at first instance, depending on the court’s caseload. In urgent cases, the interim measures procedure for an immediate prohibition of publication can be heard within a few weeks, with a temporary restraining order issued even on the same day as filing.
4. What documents and evidence do I need?
It is essential to gather screenshots of the postings with the URLs and dates clearly visible, as well as to secure them by means of notarial certification. Also required are the electronic messages and conversations with the perpetrator that prove the relationship of trust and the transmission of the material, identification details (IP address, social media accounts), any medical certificates regarding psychological consequences, as well as evidence of professional or social consequences. The more complete the file, the higher the amount awarded, since courts take into account the number of persons who viewed the material and the extent of the personal repercussions.
5. What are my chances of being awarded a substantial sum?
When it is proven that the material was uploaded with the victim’s name, on multiple websites and with a clear intent of revenge or extortion, the chances of a high damages award increase significantly. Greek courts have awarded sums ranging from several thousand to six-figure amounts, depending on the gravity. Critical criteria include the recognisability of the victim, the number of postings, the duration of exposure, the perpetrator’s motives and the demonstrated personal, professional and psychological consequences. Where the perpetrator has financial means, the amount awarded may be substantively recoverable.
6. What is the role of the lawyer in such a case?
The lawyer undertakes, in a coordinated manner, the immediate removal of the material, the identification of the perpetrator through data preservation requests addressed to providers, the filing of the criminal complaint and the monitoring of the pre-trial procedure, as well as the bringing of an action for damages or an application for interim measures. The law firm ZIAMPARAS D. & ASSOCIATES has specialised expertise in cybercrime and handles such cases with discretion and technical command of digital evidentiary means. Proper handling from the very first moment is decisive for protecting reputation and maximising the damages awarded.