P078. Non-consensual intimate image abuse: Criminal liability and data protection.

• In Event: Poster Session & Ice Cream Social

Abstract

The main purpose of this investigation is to address the nature of the non-consensual intimate image abuse (NCII), its impact on victims and the legal responses related to image’s distribution and removal. Recent years have witnessed a growing interest on image-based sexual abuse (IBSA), which includes non-consensual making of images and the non-consensual sharing of -and threats to share (revenge porn)-, intimate images, which can be powered by artificial intelligence used to generate naked images or deepfake images. The study aims to understand the nature and impact of the NCII in Spain, where some “sexting” behaviours have already been subject to sanction as a criminal offence against intimacy and the rights of one´s likeness (Article 197.7 of the Criminal Code). The Spanish Data Protection Agency launched the Digital Pact for the Protection of People, but there is a lack of regulation of services hosting user-generated content to minimise the amount of harmful these images can cause. The study also aims to examine patterns of NCII which can be used to further increase protection for victims of an online gender-based violence. The study also aims to analyse the distribution and removal of NCII quantitatively using statistical analysis of national surveys, judicial statistics and data from the Spanish Data Protection Agency.

Author

• Regina Helena Fonseca Fortes-Furtado, Universidad de Oviedo