A German man has been ordered to delete intimate photos of his
ex-partner, regardless of whether he had ever planned to share them,
after judges said that he no longer had consent.
Germany’s Federal Court ruled that although the woman had agreed to have
the photographs taken, her consent ended when the relationship did.
Keeping the nude photos and videos violates her right to privacy, even
if the man has no intention for anyone else to see them, the court said.
The Federal Court’s ruling states that ‘everyone had the right to
decide whether to grant insight into their sex life – including to whom
they grant permission and in what form,’ the BBC said.
The ruling concluded that by keeping the photos and videos, the man had
‘manipulative power’ over his ex, and needs to delete all images,
however it is not clear how the court will enforce this.
This follows an introduction of revenge porn as an offence in the UK
earlier this year, as part of the Criminal Justice and Courts Act.
Since April, distributing revenge porn – sexually-explicit images shared
without consent – is punishable with up to two years in prison.
Prosecutors previously had to find evidence of harassment or copyright
infringement when seeking to take someone to court. However, the
introduction of the revenge porn law has offered greater protection for
victims.
The campaign to ban revenge porn gathered pace – and cross-party
political support – following high-profile leaks of intimate celebrity
images last year, making victims of pop stars Rihanna and Tulisa
Contostavlos.
But non-celebrities are also increasingly victims of the crime, often
carried out by by ex-partners using intimate photos taken during their
relationship using smartphones.
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