Does the Internet Limit Human Rights Protection? The Case of Revenge Porn

Abstract

With the enhanced distribution possibilities internet brings, online revenge porn has gained spotlight, as reports show that the act can cause serious consequences for victims. Research and reported cases have led to criticism of states lack of legal and executive means to protect victims, not least due to jurisdictional issues. Framing the matter within states responsibility to protect rights under Article 8 of the ECHR, presents the issue of possible breach of human rights obligations of states bound by the Convention. A number of domestic calls for criminalisation of posting of revenge porn have been replied with arguments for freedom of expression, worries that such means will contribute to a fragmented internet, and of a slippery slope of state interference. Further, as revenge porn touches upon the balancing between competing human rights, the possible result of outsourcing human rights assessment to private entities becomes a point of discussion in the paper.