29 An Analysis of Non-Consensual Pornography in the Media

Keywords: Misogyny, Non-consensual pornography, Revenge Porn, Abuse, Domestic violence

Content Warning: Sexual assault and Violence

As sex is a centre for organization in most societies (Moloney and Love 2018, as cited in Dozier 2005), the expression of oneself through sexuality is important to strengthen confidence, improve mood, reduce stress, and create intimacy between individuals. Sending intimate photos to someone you trust can be beneficial in romantic relationships to build a sense of security and trust. Sadly, there is a wider problem at hand once an individual chooses to hit send: you are no longer in control of what that person chooses to do with the image. A shocking phenomenon of non-consensual pornography (NCP) distribution has become increasingly popular in recent years. Also known as ‘image-based abuse’ or ‘revenge porn’, sexually explicit photos or videos of an individual are posted online or shared via text message. Reportedly, “…perpetrators are not always being motivated by vengeance. Many act out of a desire for profit, notoriety, or entertainment, including hackers, purveyors of hidden or ‘upskirt’ camera recordings, and people who distribute stolen cellphone photos” (Hearn and Hall 2019). Commonly superseded by harassment and intimidation, the victims of this abuse are overwhelmingly female (Salter and Crofts 2015).

The use of blackmail constitutes a real threat to the livelihoods of individuals being violated publicly. For this analysis, an examination of online misogyny’s destructive nature by sharing non-consensual pornography will be the main focus, as it is crucial to address its damaging effects, as the exploitation of women deserves appropriate legal attention. The term pornography itself is gendered and sexualized, which is seen to be embedded in power relations regarding the domination of females (Hearn and Hall 2019). Heterosexual pornography depicts many patriarchal, complicit, and sexist masculine practices which are reinforced and preserved for consumers to see as normative treatment of females (Hearn and Hall 2019). Because of this, the term revenge porn can be misleading as it implies taking a nude photograph or video of oneself or allowing someone else to be seen as pornographic, which is inaccurate. Although once shared publicly for sexual entertainment, it can be correctly described as pornography (Hearn and Hall 2019). This non-consensual act of uploading an explicit image to a website for millions to see or share is extremely violating. In a matter of seconds, the victim’s friends, family, and those at one’s workplace have the potential to see it. Some would argue that non-consensual pornography is a form of domestic violence as it is used as a tactic of threat for abusers to keep their partners from leaving them, revealing other abuses, or threatening custody rights over children (Cyber Civil Rights Initiative 2022). According to a Washington Post article, “4 out of 5 adults said they send or receive explicit texts and photos” (Prasad 2019). A 2013 survey, ‘Effects of Revenge Porn’ found that 90% of victims of revenge porn were female; This included an age range of girls as young as 11 years old to early ’30s (Cyber Civil rights Initiative 2022).

Victims Speaking Out

In the 1970s and 1980s, people began producing their amateur photos and videos, often sharing them with others (Salter and Crofts 2015). It was immediately evident that the use of these images and tapes had the potential to be used in malicious ways (Salter and Crofts 2015). One of the first instances of revenge porn being distributed was allegedly by Leon Isaac Kennedy, an American actor and producer who released the video to punish his ex-wife Jayne Kennedy for leaving him (Salter and Crofts 2015). A 2020 news article suggests that the tape was stolen from the home and Leon Kennedy was framed for releasing it. According to TMZ (2020), Kennedy filed suit against Ebony Magazine in 2014, which originally reported on the incident, stating that he “viciously leaked” the tape. Both Jayne and Leon experienced professional and emotional damage from the tape being public, resulting in the termination of Jayne’s employment as a sportscaster for the National Football League (NFL) where she was the first black female working with The NFL Today program. As a previous model, actress, and pageant winner, her entire career was negatively impacted with her name being tarnished (TMZ 2020).

Many stories like the Kennedy’s exist. The Guardian’s (2019) piece on victims of revenge porn highlights several cases that have been described as life-altering. One story in specific touches on a victim going under the alias Ruth King. After receiving a call from a friend that explicit videos of her had been circulating at worksites, King recounts how disgusted and humiliated she felt, knowing it was her ex-boyfriend that posted the videos online and onto various porn sites (The Guardian 2019). While in the relationship, King mentions how abusive her partner was, showing her the videos and explaining how he would distribute them if she attempted to break off their relationship. In fear for her life, she ultimately made the decision to leave as she was being physically and emotionally abused (The Guardian 2019). The impact this had on her life was dreadful as she experienced online and face-to-face harassment from random men, which brought on feelings of depression and isolation from family. As it became all too overwhelming, King attempted to commit suicide in 2017. She recalls noting that although it felt like a selfish thing to do, she felt there would be no end to the exposure she was receiving (The Guardian 2019).

Another story within The Guardian (2019) article features a girl who was a victim of nude photos being posted to online porn sites when she was 17 years old. At 23, Mikala Monsoon understands how it felt to be in constant fear and worry for her safety and life ahead as her full name was added to the photos each time they would resurface (The Guardian 2019). She soon became tired of hiding and changed her name and moved cities. Deciding she did not want to simply avoid the situation and wanted to have her voice heard and share with others who may have experienced the same thing, she created a website to post a petition to have companies enforce policies of consent before allowing individuals to upload content on the internet (The Guardian 2019). By making this website, revengeonrevengeporn.com, Monsoon felt empowered to help other women who had chosen to stay silent.

The last story involves a woman by the name of Folami Prehaye, a 49-year-old who turned her poor experience into a positive one when the photos of her were leaked to the media by her ex-partner, being seen by everyone in her life (The Guardian 2019). At first, Prehaye was very isolated and did not eat. Her ex was charged soon after, receiving a six-month suspended sentence. Sadly, he was not charged with a sex crime, something individuals throughout the UK are trying to change in relation to their laws (The Guardian 2019). To take back control of her life, Prehaye gave interviews sharing her story to support others instead of hiding in the shadows.

More recently with the COVID-19 pandemic, a group working at a New York law firm shared concern for individuals being isolated and on their devices 24/7 (Goldstein 2020). The C.A. Goldberg law office assists victims of sexual violence and NCP. One lawyer, Seifullah, described how new social distancing regulations put forward by the government left victims of both NCP and domestic abuse vulnerable as people were made to stay inside (Goldstein 2020). Whether a global pandemic was occurring or not, Seifullah emphasizes that abusers will continue to abuse, and explicit photos will be distributed regardless (Goldstein 2020). A distressed victim of domestic abuse confided in the lawyers, saying that her abuser had threatened her not long after quarantine that he would give explicit photos of her to her place of work if she did not get back together with him. This scare tactic used to bully, humiliate, and harass a victim of abuse that is vulnerable in such a situation where safety and freedom are at stake can be torture (Goldstein 2019). On top of these incidences, those who are attempting to get justice for their photos being distributed have had court dates set back due to covid-related delays. Unfortunately, this can cause more stress and trauma for the victims who see their information being online as an overwhelming threat to their safety.

These stories of resilience in women in the face of an extremely destructive invasion of privacy are admirable considering the harmful outcomes revenge porn can cause. Not only do victims suffer emotionally but have a new sense of fear instilled through forms of online harassment. Online spaces offer endless avenues of conversation for like-minded individuals, often bonding over campaigns, political views, and advocacy (Barker and Jurasz 2019). Women are often excluded from participating, being the target of hate speech and abuse from misogynists (Barker and Jurasz 2019). When expressing the need for fairness and equality over social media, women are met with direct threats to their life. The phenomenon of gender-based abuse and online violence is experienced by 46% of women globally, who have received a misogynist or sexist comment from men online (Barker and Jurasz 2019).

Media Conflict

Such sexism is reiterated often in media by influential male figures such as the 45th president of the United States, Donald Trump. A famous 2005 Access Hollywood interview catches Trump commenting on “grabbing women by the p*ssy”, a controversial and disturbing statement that made massive headlines criticizing him during his 2016 presidential campaign (Prasad 2019). Sadly, not his first or last insulting comment, Prasad (2019) noted that while one person may be the target of a comment, all women are targets when overhearing sexist remarks because it perpetuates the notion that women are weak and unworthy of respect. As a prominent figure for an entire country as well as a media influence who is known globally, these sexist comments toward women have a far reach. The encouragement of violence against women in media and the online world poses a serious risk as it has the potential to harm individuals offline.

Salter and Crofts (2015) discuss the power of online forums, and how they are highly cited as being popular places to post revenge porn. The site Is Anyone up? was created in 2010 by Hunter Moore, who originally made it to post nude photos of girls he was romantically involved with, encouraging his friends to post as well. It became increasingly popular, with 240,000 visitors on the site each day globally, garnering $13,000 a month in revenue from advertisements (Salter & Crofts 2015). The Rolling Stone labelled Hunter Moore ‘The most hated man on the Internet in 2012 (Salter & Crofts 2015). With thousands of non-consensual photos being uploaded daily by ex-boyfriends and girlfriends as revenge porn, individuals began reporting to authorities about online hackers accessing their emails and posting their content on the website along with detailed personal information including their full names and addresses. This prompted the FBI to look into the allegations of hacking, raiding Moore’s home in 2013 resulting in his arrest on fifteen counts of computer hacking, aggravated identity theft, conspiracy, and aiding and abetting (Salter & Crofts 2015). Moore was sentenced to two years and six months in prison, along with $2145.70 in fines (Morris 2022). Sadly, this did not deter him or his followers from supporting online abuse and threats of violence against women. Today, Moore is apologetic for this horrific act of displaying non-consensual pornography to millions, but when asked if he wishes he’d never done it, he replied: “flat out no” (Morris 2022).

The newest influencer of misogyny is using old masculinist grifts to increase his online popularity. Andrew Tate, a thirty-five-year-old from Washington D.C. is known for his derogatory remarks directed toward women and his desire for power and control (Cousineau, 2022). Tate began using social media to relay his messages to display “real masculinity”, becoming famous for his videos on gender-violence rhetoric. The larger issue at hand is the effects that mainstream media has on the young individuals who use it. With Tate’s anti-women, anti-feminist remarks, he is using popular platforms such as Instagram, Twitter, and TikTok to address easy ways for men to tap into violent misogyny (Cousineau 2022). By framing boys as protectors and leaders and himself as a self-help guru, Tate’s attempt at building an army of angry men has been successful (Cousineau 2022). Amongst many videos posted online, Tate has stated that “women belong in the home, can’t drive, and are a man’s property” (Das 2022). He has also made comments reflecting how he would inflict physical pain onto a woman if she was to accuse him of cheating, imitating how he would choke her and verbally assault her (Das 2022). These various instances of aggressive behaviour being posted on social media have a way of presenting themselves to vulnerable individuals; Those who are seeking control and a place to feel seen and powerful, like Andrew Tate, now have a community where they are able to share their common beliefs. Fortunately, Tate is now banned from most large social media platforms, as many complaints were made regarding his widespread hate for women. He was found to violate guidelines on both TikTok and Twitter, with one woman online labelling him as “the scariest man on the internet” (Das 2022). Although banning individuals like this online will not solve the misogyny within society, it is a way to make a statement that online platforms can remove such controversial and hateful content.

Protecting Victims

As far as the non-consensual distribution of pornography goes, different areas of the world record and criminalize image-based abuse differently. Intimate, educational and employment opportunities are at stake once images or videos are released, so victims must report the crime as soon as they are aware of the incident. Unfortunately, according to the Cyber Civil Rights Initiative (2022), “victims are routinely threatened with sexual assault, stalked, harassed, fired from jobs, and forced to change schools. Some victims have committed suicide”. As non- consensual pornography is a form of domestic violence when abusers threaten a victim with its distribution, laws must be set in place to keep individuals safe. Canadians introduced into law Bill C-13 in 2015, making intimate images that are distributed as an indictable offence with a punishment of up to five years in prison (Nigam 2018). Throughout the United States, 42 states have laws outlawing the distribution of non-consensual photos. In 2015, England and Wales also enacted a maximum sentence of two years imprisonment, with Ireland, Scotland, Malta, Germany and France following suit shortly after in 2016 (Nigam 2018). Australia first made the act of distributing non-consensual pornography against the law in 2012, each state having different laws regarding punishment, but each includes a minimum of two years (Nigam 2018). Although there are certain laws put in place to protect the safety and wellbeing of individuals that are victims of image-based abuse, there are still many steps to be taken to both combat the distribution harmful content and provide support to those affected.

Conclusion

Sadly, the reality of revenge porn being produced and distributed is much larger than we know and see. Individuals deserve the right to express themselves without having to worry for their safety and well-being if the tables happen to turn on them due to cruel intentions by others. The warning signs of sharing explicit photos are constantly directed at women, warning them not to send them if they don’t feel they can trust the person who is receiving them. Much of the time, the person on the receiving end is someone who they trust not to share publicly. The above anecdotes share how common it can be for someone you once trusted to turn on you, threaten you and blackmail you for revenge. As well, photos that weren’t sent exclusively by the person can be found through hacking or taken without the individual knowing. It is unnerving how misogyny can work its way into mainstream media and harm individuals by using images or videos as exploitation. Women deserve to feel safe, respected, and secure without being mistreated and abused through the non-consensual sharing of their private images. It is important that the risks are examined as well as teaching both males and females how to respect one another’s autonomy in the age of the ever-growing internet.

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