Home > News > Wisc., Fla. Move 'Revenge Porn' Legislation Forward • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

Wisc., Fla. Move 'Revenge Porn' Legislation Forward

Wisc., Fla. Move 'Revenge Porn' Legislation Forward
Get XBIZ News
Mar 18, 2014 3:15 PM PDT    Text size: 

TALLAHASSEE, Fla. — The legislatures of both Florida and Wisconsin moved forward their states' respective "revenge porn" laws today.

Both bills focus on the same result — to increase penalties where people use the web to spread explicit images, oftentimes accompanied with personal information including addresses and other website linkage.

Florida's bill, SB 532, would make it a second degree misdemeanor to attempt to harass another person by blogging, tweeting or transmitting "a sexually explicit image of that person without his or her consent to a social networking service or website or by means of another electronic medium."

It would be a first-degree misdemeanor if the violator is older than 18 and the victim is younger than 16 years old.

Florida's bill now heads to the House, where lawmakers have until May 2 to act on it.

Adult industry attorney Lawrence Walters told XBIZ on Tuesday that while revenge porn activity is reprehensible, it should be dealt with effectively by the law.

"The Florida Legislature is still debating the nuances of how it will handle revenge porn activity," said Walters of Walters Law Group in Longwood, Fla. "I've had the opportunity to submit comments to the legislators in the state regarding some of the constitutional concerns with these bills, and the recently released staff analysis (see attachment below) confirms that those issues are being considered by the Legislature.

"Importantly, it is not the intent of the proposed laws to hold online service providers liable for revenge porn violations. Limiting the scope of liability to the persons who actually posted the offending content, while protecting be online service providers, strikes and appropriate balance from a Section 230 and free speech standpoint.

"It is my hope that the legislatures in various states considering these bills will focus on enhancing civil penalties as opposed to criminalizing even this offensive form of speech."

Wisconsin's bill, SB 367, passed on a voice vote Tuesday. The piece of legislation must pass Wisconsin's Assembly on Thursday, its final day in session, or it will be die.

Wisconsin's bill would make it a misdemeanor to disseminate a nude picture without the subject's consent, regardless of whether the subject granted permission to capture the image. It would be punishable by up to $10,000 in fines and nine months in jail.

Legislatures in Georgia, Delaware, Arizona, Washington, Maryland, New York, Pennsylvania, Virginia, Rhode Island and Maryland have considered implementing similar laws.

California and New Jersey already have enacted revenge porn laws.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !

LEGAL PERSPECTIVES

The Skinny on the New DMCA Requirement

The requirements under the Digital Millennium Copyright Act (DMCA) have changed, but the sky is not falling. We have, even as a law firm, been hit with an unbelievable amount of spam sent out by law firms... More »

2017 Outlook: Legal Matters Around the Corner

The adult entertainment business’ legal community recently weighed in the top issues that companies and the industry, as a whole, should be concerned about. XBIZ asked industry attorneys to discuss... More »

Fraudulent Brazilian Trademark Registrations Running Rampant

Although you might not think often about protecting your trademark rights in Brazil, you need to — even if you don’t yet have a single Brazilian customer. Scammers are constantly looking for... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ Premiere magazine, the industry's leading adult retail trade publications, delivering the most timely and comprehensive business news and information to producers and retailers of adult products.

UPCOMING EVENTS

EXXXOTICA Denver

Mar 31 - Apr 02
Denver, CO.

Eurowebtainment 2017

May 17 - May 20
Majorca, Spain

XBIZ Retreat

May 30 - Jun 03
Miami, Florida

XBIZ Miami 2017

May 30 - Jun 02
Miami, Florida
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!