[LUM#7] Confronting Revenge Porn

[LUM Magazine] - Published on April 10, 2018 in Doctoral and HDR Training, Science and Society

These law students had their article recognized with an award and published in *Le Monde*. In it, Cécile Lefrançois and Clémence Vialatte explore “revenge porn”—a devastating phenomenon that still faces inadequate legal consequences.

Some jilted lovers are now resorting to a new form of revenge: posting videos or photos of a former partner—taken in private—online. Originating in the United States, this phenomenon, known as “revenge porn,” is gaining momentum worldwide… sometimes even driving victims to suicide.

As a result, Cécile Lefrançois and Clémence Vialatte, doctoral students at the University of Montpellier, decided to explore the legal gray area that still surrounds these cases. In May 2017, when they decided to compete for the prestigious Guy Carcassonne Prize, which recognizes an article on constitutional law, they turned their attention to the topic of revenge porn. “This recent phenomenon raises significant legal issues ,” explains Clémence Vialatte.

Best legal support

Over the course of two intensive days, the doctoral students co-authored the article… and won the prize, which included publication in *Le Monde*, beating out 155 other entries submitted in France. Laurent Fabius, president of the Constitutional Council, presented them with the award in the presence of Minister of Justice Nicole Belloubet. “It’sa source of immense pride for us, especially since we weren’t operating in our comfort zone, being specialists in criminal law ,” says Clémence.

In their article, the award winners call for stronger legal measures against revenge porn. It is truethatsince October 2016, the law has criminalized the distribution of a person’s image or voice without their consent“whenever it is of a sexual nature.” The penalty? Two years in prison and a fine of 60,000 euros. This is a clear step forward, since revenge porn had previously often gone unpunished due to the lack of appropriate legislation.

450 friends

But this new law suffers from a lack of clarity.“How do you define ‘sexual nature’? ” asks Clémence. “Do artistic nude photos, or even pictures of young women who are fully clothed but striking suggestive poses, have a sexual nature?” This lack of clarity could allow a litigant to file a priority constitutionality review… thereby calling the law into question.“Moreover, legal professionals are largely unfamiliar with this provision on revenge porn , which is buried within a very broad law,” notes Cécile.

Beyond the legal implications, the young women wanted to warn young people about the severity of these acts.“Many young people take this lightly. A photo shared with 450 friends on social media—to them, that’s still ‘private.’ They forget that it all starts with a romantic relationship, a bond of trust,” explains Cécile. The title chosen by the authors for their article aptly captures this sense of horror in the face of such sordid betrayal:“What remains of our loves?”…

Keywords: doctoral students, Law, LUM#7, LUM Magazine, Company