Revenge Porn Laws in Poland: Non-Consensual Image Sharing

Revenge porn is the non-consensual recording or sharing of an intimate image or video of another person. In Poland, this conduct may constitute a criminal offence, particularly where the material shows a naked person or a person engaged in sexual activity and is distributed without consent. The commonly used term “revenge porn” is not used in the Polish Criminal Code, but the conduct is addressed primarily by Article 191a of the Criminal Code. [1]

The offence is not limited to situations involving former partners or an intention to take revenge. It may also concern content shared after a breakup, sent to colleagues, posted on social media, uploaded to pornography websites, or forwarded in a private messaging group. The business and personal consequences can be immediate: reputational harm, workplace disruption, loss of privacy, blackmail, and lasting online exposure.

Revenge porn law Poland: Article 191a of the Criminal Code

Under Article 191a §1 of the Polish Criminal Code, criminal liability may arise where a person:

• records the image of a naked person or a person engaged in sexual activity by using violence, an unlawful threat, or deceit; or
• disseminates an image of a naked person or a person engaged in sexual activity without that person’s consent.

The statutory penalty is imprisonment from 3 months to 5 years. An attempt is also punishable. [1]

For non-consensual image sharing, the key issue is consent to dissemination. Consent to create an image, send it privately, or store it during a relationship does not automatically mean consent to publish, forward, or show it to other people. The scope of consent matters. It should cover the specific form of sharing, the intended audience, and the relevant circumstances.

Article 191a distinguishes between unlawful recording and unlawful dissemination. A person may be liable for distributing content even if that person did not create the recording. This is relevant where an intimate video is received from a third party and subsequently forwarded or uploaded.

Three situations that may fall outside Article 191a

Article 191a is specific and does not apply to every unpleasant or harmful online publication. The following three situations require separate assessment:

1. Valid consent to dissemination. If the person shown gave informed and voluntary consent to a particular publication or sharing arrangement, the dissemination element of Article 191a may not be met. Consent can be withdrawn, limited, or disputed, and its existence should not be assumed from a previous relationship or earlier private exchange.
2. Material not showing nudity or sexual activity. Article 191a concerns images of a naked person or a person engaged in sexual activity. Other private or embarrassing content may still trigger civil claims, data protection issues, stalking allegations, defamation, or other criminal provisions, depending on the facts.
3. No recording through violence, unlawful threat, or deceit and no dissemination. Private possession of material does not automatically meet the elements of Article 191a. However, using such material to pressure another person, threaten disclosure, or demand money, further images, or sexual contact may constitute a different offence.

These are not broad “exceptions” allowing the use of intimate material. Each case depends on the content, the manner of obtaining it, the recipient group, the evidence available, and the conduct that followed.

Intimate image sharing crime and the meaning of dissemination

Dissemination may include posting material on a public website, sending it through a messaging application, sharing it in a closed group, emailing it to an employer, or showing it to other people. Public availability is not required. Sharing content with even one unauthorised recipient can create criminal risk.

In practice, evidence can disappear quickly. Content may be deleted, accounts may be deactivated, and links may stop working. Before requesting removal, it is usually sensible to secure available evidence lawfully, including screenshots showing the account name, URL, date, time, recipient list, and messages accompanying the material. Where possible, the original files, device information, and correspondence should also be preserved.

Victims may report the matter to the Police or the prosecutor’s office. Article 191a is prosecuted upon the victim’s request. This is a procedural requirement that should be clearly communicated when reporting the offence. Under Article 12 §3 of the Code of Criminal Procedure, a request for prosecution may generally be made within 6 months from the date on which the victim learned who committed the offence. [2]

Sextortion Poland: threats to release intimate images

Sextortion involves using, or threatening to use, intimate material to obtain money, further sexual content, sexual contact, or another benefit. The legal classification in sextortion Poland cases depends on the exact wording of the demand, the type of threat, the purpose of the offender, and whether content was actually shared.

Possible legal bases may include Article 191 of the Criminal Code, concerning compelling another person through violence or an unlawful threat, and Article 282, where threats are used to obtain a financial benefit. If intimate content is then distributed without consent, Article 191a may apply in addition. [1]

A demand should not be treated as proof that payment or compliance will end the matter. From an evidential perspective, messages, payment requests, account details, telephone numbers, and platform identifiers may be important. Contact with the offender should be assessed carefully, particularly where there is a risk of escalation or continued access to private accounts.

Additional legal consequences of non-consensual image sharing

Criminal proceedings are not the only available route. A person whose image, privacy, dignity, or good name has been infringed may seek civil protection under Articles 23 and 24 of the Civil Code. Potential claims may include cessation of the infringement, removal of its effects, an apology, payment to a designated social purpose, or compensation where statutory conditions are met. [3]

If the content concerns a minor, the case requires particularly urgent assessment. Polish criminal law provides separate and more serious protections concerning pornographic content involving minors, including Article 200b and Article 202 §3 of the Criminal Code. [1]

For companies, an incident may also create employment, confidentiality, cybersecurity, and personal data protection issues. Employers should avoid informal investigations that expose the victim further. Access to evidence should be limited, devices and accounts should be secured, and internal communication should be controlled.

This is informational material, not legal advice. The legal assessment depends on the facts, available evidence, and the applicable procedural stage.

In cases involving non-consensual intimate image sharing, sextortion, or allegations of sexual offences, it may be useful to consult the matter with a criminal lawyer. Kopeć & Zaborowski (KKZ) supports clients in assessing the situation, securing evidence, and discussing possible legal steps.

FAQ – Revenge Porn Laws in Poland

Is revenge porn illegal in Poland?

It can be illegal under Article 191a of the Criminal Code where an image of a naked person or a person engaged in sexual activity is disseminated without consent. Other provisions may apply to threats, extortion, harassment, or infringement of personal rights.

Can someone share an intimate photo if it was sent voluntarily?

Not automatically. Voluntary sending of a photo does not equal consent to further sharing. The relevant issue is whether the person shown agreed to the specific dissemination.

What is the penalty for non-consensual intimate image sharing in Poland?

Article 191a §1 provides for imprisonment from 3 months to 5 years. The precise outcome depends on the facts and the court’s assessment.

Does sending an intimate image to one person count as dissemination?

It may. Dissemination does not have to involve a public website or a large audience. Sending the material to an unauthorised recipient can be sufficient.

What should a victim of sextortion do?

Available evidence should be secured, including messages, account details, links, and payment demands. The matter may then be reported to the Police or prosecutor, with a clear request for prosecution where Article 191a is involved.

Can deleted intimate content still be used as evidence?

Yes, depending on the available material. Screenshots, messages, witness accounts, platform records, device data, and preserved links may help establish what was shared and by whom.

Bibliography

• [1] Act of 6 June 1997 – Criminal Code, including Articles 191, 191a, 200b, 202 and 282, consolidated text available through the Polish Legal Information System ISAP: https://isap.sejm.gov.pl/
• [2] Act of 6 June 1997 – Code of Criminal Procedure, including Article 12, consolidated text available through the Polish Legal Information System ISAP: https://isap.sejm.gov.pl/
• [3] Act of 23 April 1964 – Civil Code, Articles 23 and 24, consolidated text available through the Polish Legal Information System ISAP: https://isap.sejm.gov.pl/