revenge porn
Non-consensual sharing of intimate images, punishable under Penal Code § 264 d
Revenge porn is the sharing of intimate or privacy-invading images, films or messages concerning another person without that person's consent, typically with the aim of harming, humiliating or controlling the victim. Under Danish law the term is not a technical legal term, but it is used in everyday speech and in the media about conduct that is punishable under the Danish Penal Code (straffeloven) § 264 d.
Section 264 d prohibits the unjustified dissemination of messages or images concerning another person's private affairs. The provision covers both images recorded with consent and images recorded without consent, as long as they are of such a character that they can obviously be demanded withheld from the public. What matters is therefore not whether the person depicted originally consented to the recording, but whether the dissemination takes place without consent and violates the right to privacy.
The penalty under § 264 d is a fine or imprisonment for up to 6 months. Where particularly aggravating circumstances exist, for example because of the nature of the information or the number of persons affected, the penalty may rise to imprisonment for up to 3 years (§ 264 d, subsection 2). In practice, revenge porn cases may also raise questions under other provisions, including rules on harassment and data protection legislation, depending on the specific circumstances of the case.
The victim in a revenge porn case is often a former partner, and the act is typically used as a means of exerting power after a break-up. The consequences for the victim can be considerable, including psychological harm, social stigmatisation and occupational losses. Danish legislation has gradually increased its focus on this type of violation as digital media have made the sharing of image material easier and more widespread.
