A measure that would allow victims of revenge porn to seek civil liability was passed on a unanimous vote by the House of Representatives yesterday.
House Bill 2160 would provide for civil liability against any person who intentionally and without consent distributes an intimate image of another person.
“People are very seriously harmed when they become victims of revenge porn,” said Rep. Sharon Wylie (D-Vancouver), the bill’s prime sponsor. “Images on the Internet can live forever. They can affect somebody’s livelihood, their relationships, their families, and it’s not right.”
“Revenge porn” is the term commonly used to describe the practice of posting private, intimate images of another person on the Internet without their authorization, usually with the intent of humiliating or inflicting damage. While these images are often taken with the person’s consent, that does not mean they have also consented to their distribution.
Under Wylie’s bill, a person is liable for distributing an intimate image of another intentionally and without consent when:
- The image was entrusted by another person, in the understanding that it should remain private, and its reckless or intentional distribution causes the person pictured emotional distress; or
- The image was knowingly obtained without authorization or by exceeding authorized access from the other person’s property, accounts, messages, files, or resources.
Wylie’s bill establishes that anyone who distributes an intimate image of another is liable for up to $10,000 or actual damages, whichever is greater, plus reasonable attorneys’ fees, and costs. The court may also award injunctive relief as it deems necessary.
“There are so many things that as legislators we can’t do anything about, but this is a bill that allows us to take a small step forward in the interest of fairness and justice,” added Wylie.
In her floor speech, Rep. Wylie recognized her colleague, Rep. Tina Orwall for her invaluable work on HB 2160, and she also commended Rep. Vincent Buys (R-Lynden) sponsor of HB 1272, which creates the crime of disclosing intimate images as a class C felony. Wylie expects Buys’ measure will come to the House Floor for a vote later this week.