Several Flemish media figures recently sounded the alarm following the unlawful leaking of images that had been shared in confidence. Despite the public awareness campaign that followed, this modern-day scourge appears to be continuing unabated.
Earlier this year, concerns about ‘revenge porn’ practices even led to the introduction of new legislation offering far-reaching legal remedies to tackle such offences. As a victim, you no longer have to stand by and watch helplessly; you can indeed take targeted action against the dissemination of intimate images on the World Wide Web.
The urgency of the matter allows you, through an expedited procedure, – by way of a summons in summary proceedings or even a unilateral application – to ask the president of the competent court to order both the distributor and the internet service provider to cease the unauthorised distribution with immediate effect. The court may impose any appropriate measures to remove the images immediately or render them inaccessible, at the latest within six hours of the order being served. In this regard, there is a presumption of absolute necessity, and any distribution is deemed to have taken place without authorisation until proof to the contrary is provided.
This intervention is possible for both self-made and third-party image or audio recordings in a situation where you are (partially) naked or engaging in an explicit sexual act, whilst you were in circumstances where you could reasonably expect that your privacy would not be infringed. Explicit images taken or sent as part of, for example, a relationship or flirtation, or any other context of trust, must under no circumstances be made public without your consent, even if you consented to their creation. Where the images involve a minor, there is even an irrefutable presumption of a lack of consent.
Committing such offences carries severe prison sentences. Where this is done with malicious intent or for financial gain – for example, to sell to the media or to lure readers to a sensationalist blog – these prison sentences are supplemented by substantial fines.
Given the breakneck speed at which information travels around the world on the internet, the legislator has not focused solely on the distributor themselves: internet service providers are also held liable if they fail to implement the imposed measures, or fail to do so in a timely manner.
The emotional impact of a callous violation of one’s privacy can be enormous, as has been demonstrated on numerous occasions. Now that the appropriate legal remedies are available to take decisive and swift action, we can only recommend that you use them without hesitation should you be confronted with such a distressing incident.
If you have any further questions on this matter, you are always welcome to contact us without obligation – and, of course, in the strictest confidence.