The bipartisan effort, spearheaded by Sen. Rick Jones, R-Grand Ledge, and Sen. Steve Bieda, D-Warren, also criminalizes the refusal to remove sexually-explicit photos from the internet unless the subject had signed a release for its posting.
The offenses, both posting revenge porn and refusing to take it down, would be treated as misdemeanors, with punishments up to 90 days imprisonment and/or a maximum fine of $500.
“You have to get tough enough so people won’t do this activity,” Jones said. “If they’re only risking a fine, then they may go ahead and do it.”
Similar state-level legislative efforts have been sweeping the U.S. Within the past two years, Puerto Rico, the District of Columbia and 27 states have introduced legislation to specifically combat the posting of revenge porn. Currently, seven states, Arizona, California, Georgia, Idaho, Utah, Virginia and Wisconsin, have enacted legislation against revenge porn.
The trend is a result of the growing discontent among victims that they are, for the most part, unable to use legal action to remove the photos in question, Jones said.
Eric Misterovich, a lawyer specializing in internet law, said there currently are only few legal actions available to victims wanting the removal of a photo.
The most common avenue, Misterovich said, is alledging copyright violation, but that only works if the photo in question is a “selfie” that the victim shot from their phone.
“A lot of the time the law is behind technology,” Misterovich said. “And this is one of those times.”
For the offended party, psychological torment ensues as they wonder who has seen them exposed and how it might impact their career, criminal justice associate professor Thomas Holt said.
The torment grows for the victim as they file multiple requests for the photo’s removal and find there is little chance it will be taken down, Holt said.
Although Misterovich said there needs to be revenge porn legislation in Michigan, he said the current bills in the senate are “probably a violation of the First Amendment” and wrongfully filed as a criminal matter rather than civil.
He said the current language would include newsworthy photos, which might violate the First Amendment. Although offenders might not be prosecuted, he said the violation could weigh the legislation down with lawsuits.
Misterovich said revenge porn violations are better-handled as civil matters, because charging offenders as criminals would burden local police and prosecutors who aren’t experienced on Internet matters.
The bill is slated to go before the senate within the coming weeks, and Jones expects the legislation to be implemented before the year’s end.
“I’m confident in this year that we will be able to pass something to hopefully stop this terrible, revengeful behavior,” Jones said.
