Can Affirmative Consent Save “Revenge Porn” Laws? Lessons from the Italian Criminalization of Non-Consensual Pornography

Current laws criminalizing non-consensual pornography (commonly referred to as “revenge porn”) are insufficient, both in Italy and internationally. This essay delves into whether requiring affirmative consent for the disclosure of sexual images can strengthen non consensual pornography laws internationally. Answering this question in the affirmative, this essay evaluates the Italian law on “revenge porn” and identifies the law’s core principles, specifically the elements of the offense and the mental elements required to establish it. The current legal framework governing non-consensual pornography ignores crucial elements of the crime that are unique to non-consensual pornography and require close analysis. This essay firstreviews recent instances of non-consensual pornography in Italy that prompted the passage of legislation to address the issue. Next, it analyzes the Italian law that criminalizes non-consensual pornography and outlines its strengths and weaknesses. Finally, it compares the Italian law with international non-consensual pornography statutes to show that requiring affirmative consent to the sharing of intimate photos can save non-consensual pornography laws internationally.