US Federal Court awards $6.45 million in damages for revenge porn
On 10 April 2018, a Federal District Court in California entered a default judgment in favour of a woman – referred to as ‘Jane Doe’ in court papers – for damages amounting to $6.45 million in a revenge pornography law suit filed against her ex-boyfriend, David Elam.
The plaintiff had sent intimate images and videos to Mr Elam while they were dating. Following their break-up, Mr Elam uploaded the images to several social media websites, pornography websites and dating services. It was further alleged that Mr Elam impersonated the plaintiff, encouraged others to send her sexual images, and shared her mobile number and home address with anyone who responded.
In order to get the content removed, the plaintiff secured copyright over her image and served take-down notices to the different websites on which they were uploaded, which resulted in some websites removing the images.
The plaintiff was awarded $450 000 in damages for copyright infringement; $3 million in compensatory damages for emotional distress; and $3 million in punitive damages. This is reportedly the second largest award in a revenge pornography case not involving a celebrity.
A selection of media reportage can be accessed here, here and here.
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