Revenge porn is the reproduction and distribution of sexually explicit images or videos which were created by a partner during a romantic relationship, with or without the knowledge and consent of the victim, and which, after the relationship ends, are disseminated publicly out of revenge. These then spread very quickly across the entire internet through anonymous networks, forums and revenge pornography websites.

Watch a video describing the most common forms of cybercrime:

Revenge porn affects people of all ages, from children as young as 11 to adults of older ages. However, the most frequently reported incidents come from individuals in their teenage years, mainly during the period of coming of age. The vast majority of such material is taken from couples who are in a relationship. Nevertheless, in several cases, the victim (man or woman) has suffered sexual violence facilitated by the administration of drugs (rape drugs) which also cause a reduced sensation of pain, participation in heinous sexual acts and/or amnesia.

Possession of the material may be used by perpetrators to extort prospective victims into other sexual acts, to force them to continue the relationship, or to punish them for ending the relationship (in the case of a relationship), to silence them, to destroy their reputation and/or for financial gain. This is a form of cybercrime which has taken on enormous dimensions in recent years and is now reported far more frequently.

Specifically, revenge porn is “when someone (usually an ex-partner) publishes a photograph or video of someone’s private intimate moments without their consent”, as stated in the International Journal of Cyber Criminology. Despite the fact that it is now criminally prosecuted, many victims are blamed (victim blaming) for the material that someone else has in their possession, facing attacks similar to sexual harassment. The reason perpetrators choose revenge porn is usually for revenge against their former partners after their break-up, or in some cases for blackmail in order to manipulate them.

Although the perpetrators are usually former partners, there are incidents where they may also be people from the family or professional environment. In a recent study conducted in Australia, it was demonstrated that one in five people have faced this type of abuse, in order to be coerced into yielding to demands for money or sexual favours. The exposure of personal photographs without consent can cause serious consequences for the victim, ranging from shame to severe anxiety disorder. Indeed, in some cases the consequences have been catastrophic, as some victims reach the point of taking their own lives, unable to bear what has happened to them.

Specialist psychologists studying the phenomenon have concluded that revenge porn and sexual abuse have the same psychological consequences for victims, since in both cases they may develop post-traumatic stress, anxiety, depression, avoidance and difficulty adjusting to reality. Furthermore, research conducted in Britain showed that the percentage of individuals reporting that they have suffered this type of abuse has almost doubled. Specifically, 15% of Britons aged 18-45 stated that photographs of their intimate moments have been published without their consent. In 2019 this percentage was just 8%.

As regards perpetrators, the research showed that one in ten has published or threatened to publish someone’s photographs, while of these, one in five stated that they did so to “scare the victim” or “for fun”. Some also claimed that the photographs were their “property” and that they had the right to publish them.

A new provision on revenge porn, by the addition of a new Article 336A to the Penal Code (PK), has been passed by Parliament. According to the explanatory memorandum, the proposed regulation establishes as a punishable act—infringing the legal interests of sexual life and freedom and, under certain conditions, also of minority status—the non-consensual disclosure or posting on the internet or on social media of personal images or audiovisual material relating to the sexual life of the victim, even if these were created with the victim’s consent.

• See also article Damages Judgment for Revenge Porn
• See also article Revenge Porn in the Penal Code
• See also article Defamation via Facebook
• See also article Child Pornography
• See also article Minor Distributors of Child Pornography
• See also article Legal Practice and Child Pornography
• See also article Profile of a Child Pornography Distributor
• See also article Online Fraud

FREQUENTLY ASKED QUESTIONS ABOUT REVENGE PORN – LAWYER

1. What exactly am I facing if my personal material has been leaked?

The non-consensual disclosure of intimate content is now punished as a standalone offence under Article 346 of the Penal Code (PK) and constitutes a violation of sexual life and personality. At the same time, a breach of the General Data Protection Regulation (GDPR) and a violation of personality under the Civil Code (AK) are established. The perpetrator, even if the material was created with the consent of the victim, is prosecuted for its non-consensual dissemination. Furthermore, if it is accompanied by a demand for money or sexual acts, extortion under Article 385 of the Penal Code (PK) is also established. This is a serious offence with prescribed prison sentences which may be escalated depending on the circumstances.

2. What can I do to have the material taken down immediately?

The first action is the filing of an application for interim measures before the Single-Member Court of First Instance, with a temporary restraining order for the immediate cessation of the violation and the prohibition of any future reproduction. At the same time, takedown requests are submitted to the hosting platforms, together with a request for delisting from search engines based on the right to be forgotten (Article 17 of the GDPR). A formal complaint is filed with the Public Prosecutor’s Office of the Court of First Instance, which is forwarded to the Cybercrime Prosecution Directorate for identification of the perpetrator through IP and digital fingerprints. Finally, a damages lawsuit is brought for the moral harm suffered.

3. How long do these procedures take?

The removal of the material from major platforms (Meta, Google, X) is usually completed within 24 to 72 hours from the submission of a substantiated request. The temporary restraining order in the interim measures proceedings may be issued on the same or the next day from filing. The hearing of the interim measures is, as a rule, scheduled within a few weeks. The criminal procedure takes longer, from one to two years until the first-instance judgment, while the damages lawsuit requires on average one to two years. The speed depends on the timely collection of the digital evidence.

4. What documents and evidence must I gather?

Screenshots of the postings are required, with the URL, date and time clearly visible. All messages, telephone calls, emails and threats sent by the perpetrator must be preserved without deletion. The aliases, accounts and profiles used for the dissemination must be recorded. File metadata is collected where available. Witness statements from individuals who know about the relationship or the events are also necessary, as are medical opinions or psychological certificates documenting the moral harm. The collection must be carried out in a manner that ensures the admissibility of the evidence.

5. What are my chances of obtaining damages and having the perpetrator punished?

When identification of the perpetrator is feasible — and it is in most cases, since they are usually a former partner or known person — the chances of criminal conviction and an award of pecuniary compensation are high. Greek courts have awarded significant sums for moral damages in similar cases, in some instances exceeding tens of thousands of euros. The outcome depends on the quality of the evidence, the duration and extent of the dissemination, the psychological consequences for the victim, and the speed of the legal response. Where the perpetrator is abroad, international judicial cooperation is activated.

6. What is the role of the lawyer in such a case?

The lawyer takes charge of all fronts in a coordinated manner: immediate dispatch of extra-judicial notices and takedown notices to the platforms, filing of an application for interim measures with a request for a temporary restraining order, drafting and filing of a formal complaint with all the technical evidence to the Cybercrime Prosecution Directorate, and the bringing of a damages lawsuit. The firm’s experience in cybercrime cases, combined with technical knowledge of networks and digital evidence, ensures that the evidence will be incontrovertibly admitted in court. Throughout the procedure, absolute confidentiality is maintained and communications are covered by attorney-client privilege.