Egalitarian Digital Privacy: Image-based Abuse and Beyond

Digital platforms should be responsible for intimate images posted without the subject's consent, and viewers can be liable for viewing them. This book proposes a new theory of egalitarian digital privacy and defines the appropriate scope of liability for platforms and viewers.

Format: Hardback
Length: 272 pages
Publication date: 30 March 2023
Publisher: Bristol University Press

The dissemination of intimate images without the consent of the subjects, often referred to as "revenge porn," poses significant social, legal, and technological challenges. This book aims to address these issues by examining the responsibilities of digital platforms and the liability of viewers who encounter such images. It delves into fundamental socio-legal questions such as responsibility, causation, and apportionment, while also conceptualizing private information as property.

Drawing from private law theory, the book establishes the appropriate scope of liability for platforms and viewers, critiquing both the EU and US approaches to the problem. Through its comprehensive analysis, the book proposes a novel theory of egalitarian digital privacy, aimed at safeguarding the rights and interests of individuals in the digital age.

The book begins by exploring the legal and ethical implications of unauthorized dissemination of intimate images. It discusses the potential harm caused to individuals, including emotional distress, reputational damage, and even physical violence. It also examines the legal frameworks that exist to address revenge porn, including criminal laws, civil laws, and regulatory measures.

The book then turns its attention to the responsibilities of digital platforms. It questions whether platforms should be held accountable for the content that users post on their platforms, and if so, to what extent. It explores the various mechanisms that platforms have put in place to prevent the dissemination of revenge porn, such as user reporting and moderation systems. However, the book also raises concerns about the effectiveness of these measures and suggests that more robust policies and regulations are needed to ensure the protection of individuals.

The book also examines the liability of viewers who encounter revenge porn. It questions whether viewers can be held liable simply for viewing the images, or if there are additional factors that should be considered. It explores the concept of "vicarious liability," which holds individuals responsible for the actions of others if they aid or abet in the commission of a crime. However, the book also raises concerns about the potential chilling effect that such liability could have on free speech and the right to access information.

In conclusion, this book provides a comprehensive analysis of the issues surrounding the dissemination of intimate images without the consent of the subjects. It offers a novel theory of egalitarian digital privacy that aims to balance the interests of individuals, platforms, and society. By raising awareness about the risks associated with revenge porn and advocating for stronger policies and regulations, the book contributes to the ongoing debate about the responsible use of technology in the digital age.

Dimension: 234 x 156 (mm)
ISBN-13: 9781529214017