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European remedial coherence in the regulation of non-consensual disclosures of sexual images
Authors:David Ryan
Institution:Faculty of Law, KU Leuven, Leuven, Belgium
Abstract:The non-consensual dissemination of sexually explicit images or videos for no legitimate purpose represents a serious sexual violation by means of breaching an individual's ability to control their own sexual identity. This article argues that the only adequate legal response to this behaviour is targeted criminal regulation, and that action on a regional level is within the European Union's competence by virtue of Article 83(1) TFEU. The approaches of EU Member States to the phenomenon through targeted criminal law are examined in order to extract positive and negative elements of the respective regulatory systems. Drawing on the experiences of these States, as well as on existing EU criminal directives, a draft directive is included to illustrate what form a European regional system of criminal regulation may take.
Keywords:Revenge porn  Non-consensual pornography  European Union law  Criminal law  Cybercrime  Privacy  Law reform
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