Bare necessities: the argument for a ‘revenge porn’ exception in Section 230 immunity

Abstract

‘Revenge porn’ is the online posting of nude or sexually explicit photographs or videos of a former lover without his or her consent. Despite the malicious intent behind revenge porn, victims are provided with little to no relief due to Section 230 of the Federal Communications Decency Act, also known as the ‘Good Samaritan’ provisions. Section 230 unambiguously provides blanket immunity for website operators and Internet service providers that feature user-generated content, including revenge porn.In Section 1, I discuss the purpose of Section 230 of the Communication Decency Act. In Section 2, I analyze the legal impact of the blanket immunity established in Section 230. In Section 3, I examine the potential remedies already in existence for revenge porn victims and highlight their inadequacies. In Section 4, I argue Congress should create a narrow exception to Section 230 immunity specifically geared toward revenge porn. The exception would establish a definition of revenge porn, which would prevent over-deterrence. Additionally, the exception would institute a takedown procedure similar to the process found in the Digital Millennium Copyright Act. In creating a narrow exception, the spirit of Section 230 will remain while also providing adequate legal relief for victims of revenge porn.