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from the but-they-will-always-be-in-his-brain dept.
Sometimes porn doesn't get the chance to become revenge porn, as in this case before the German Federal Court:
Germany's highest court has ordered a man to destroy intimate photos and videos of his ex-partner because they violate her right to privacy. The Federal Court said the man, a photographer, should no longer possess naked photos and sex tapes, even if he had no intention of sharing them.
The woman had originally agreed to the images but this consent stopped when the relationship ended, the court said. Germany has some of the strictest privacy laws in Europe.
The Federal Court was called upon to rule in a dispute between a former couple, who were arguing over whether or not the man should delete intimate photos and videos. In its ruling (in German), the court said everyone had the right to decide whether to grant insight into their sex life - including to whom they grant permission and in what form. It said that by retaining the images, the photographer had a certain "manipulative power" over his ex-lover. He should no longer have rights to the photos and videos once the relationship had ended, it concluded.
It is not clear how the ruling will be enforced.
A 2014 Pew survey of American mobile phone users found that 34% of those aged 25-34 reported receiving "sexts" (sexually suggestive photos or videos), as well as 22% of those aged 35-44 and 15% of those aged 45-54. Across all age groups, 20% reported receiving sexts, an increase from just 15% in 2012. A smaller portion of the population is sending the sexts: 9% of phone users in 2014, from 6% in 2012.
(Score: 2) by GreatAuntAnesthesia on Thursday December 24 2015, @09:20AM
Well, one would hope that the new court case would require some kind of evidence that the files were uploaded by the man, and not by the woman. In case of doubt, err on the side of innocence. That's how the law is supposed to work. Of course, proving where an online image originated can be... problematic. IP addresses and online accounts can give an indication but are rarely conclusive, if the perpetrator takes some simple measures to hide themselves and challenge the evidence presented in court. However the internet is full of people stupid enough to post self-incriminating shit online an make no attempt whatsoever to cover their tracks.