Non-consensual dissemination of intimate images

What is non-consensual dissemination of intimate images?

Non-consensual dissemination of intimate images means sharing, publishing, forwarding or otherwise making available images or recordings of a person in a sexual or intimate context without that person’s consent. It may involve photographs, videos, screenshots, live-stream recordings or files obtained from a private device, cloud account, messaging application or social media profile.

This conduct is often described as “revenge porn”, although that term is imprecise. The unlawful act does not have to be motivated by revenge. It may also be committed for humiliation, coercion, blackmail, harassment, financial gain or to exert control over another person. The central issue is the absence of consent to dissemination, even if the image was originally created or shared voluntarily in a private relationship.

Under Polish criminal law, the relevant offence is primarily regulated in Article 191a of the Polish Criminal Code. In general terms, this provision covers both unlawful recording of a naked person or a person during a sexual act by using violence, unlawful threat or deception, and dissemination of such an image without consent. The statutory penalty under Article 191a is imprisonment from 3 months to 5 years. Prosecution of this offence requires a motion from the injured party, which means that the victim’s procedural initiative is important.

What conduct may constitute non-consensual dissemination?

Dissemination should be understood broadly. It may include uploading intimate materials to a website, sending them to one or more persons through a messenger, posting them in a group chat, publishing them on social media, transferring them to an employer, family member or school, or making them accessible through a file-sharing service. In many cases, a single act of forwarding the material to another person may be legally significant, although whether it amounts to dissemination under Article 191a depends on the facts and the applicable legal qualification.

Consent must relate to the specific form of use. Consent to taking a photograph does not automatically mean consent to publish it. Consent to share an image with one person does not mean consent to distribute it more widely. Consent can also be withdrawn, although withdrawal does not always resolve all legal consequences of earlier dissemination. These issues require assessment of the circumstances, including the relationship between the parties, the way the material was obtained, the scope of sharing and the intent of the perpetrator.

Non-consensual dissemination may overlap with other offences or civil law violations. Depending on the case, it may be connected with punishable threats, stalking, coercion, blackmail, unlawful access to an IT system, identity misuse, defamation or insult. If the victim is a minor, separate and more serious legal regimes may apply, including provisions concerning sexual exploitation materials involving minors.

What legal remedies may be available?

The victim may seek protection through criminal, civil and administrative measures. In criminal proceedings, the injured party may notify law enforcement authorities, file the required motion for prosecution where necessary, request evidence preservation and participate in the proceedings as an injured party. Evidence may include screenshots, URLs, message histories, metadata, witness statements, platform notifications and information identifying accounts or devices.

Civil law may provide grounds for claims based on infringement of personal rights, such as privacy, dignity, image, reputation or sexual autonomy. Under Articles 23 and 24 of the Polish Civil Code, the affected person may seek, depending on the case, cessation of the infringement, removal of unlawful content, an apology, compensation, damages or payment of an appropriate sum for a social purpose.

Data protection law may also be relevant where intimate images identify a natural person and are processed without a legal basis. In some situations, requests may be directed to online platforms, hosting providers, search engines or controllers to remove content, restrict access or de-index search results. The appropriate route depends on where the material is hosted, who controls the account, whether the provider is established in the European Union and whether urgent action is required.

When should legal assistance be sought?

Legal assistance should be considered as soon as intimate images are threatened to be published, have already been shared or are being used to pressure the victim. Early advice is important because evidence can disappear quickly, accounts may be deleted and online content may be copied across multiple platforms. A lawyer can help secure evidence in a way that is useful for proceedings and avoid steps that could weaken the case.

Individuals may need support when an ex-partner, acquaintance, anonymous account or online group distributes intimate material. Entrepreneurs, managers and public figures may require assistance where the dissemination affects reputation, employment, business relationships or professional duties. Employers may also need advice if intimate materials are circulated in the workplace or through company systems.

A prompt consultation with a lawyer can help limit harm, choose the correct procedural path, reduce the risk of evidentiary mistakes and coordinate criminal, civil and platform-related actions. It may also help prevent escalation, further dissemination, financial loss or additional violations of privacy and reputation.

How can a law firm assist?

Support in matters involving non-consensual dissemination of intimate images may include in particular:

assessment of whether the conduct may constitute an offence under Article 191a of the Polish Criminal Code or another criminal provision,
preparation of a criminal complaint and, where required, a motion for prosecution,
representation of the injured party in criminal proceedings,
securing and organizing digital evidence, including screenshots, links, messages and platform data,
preparation of requests for removal of content from websites, social media platforms and hosting providers,
civil claims for protection of personal rights, compensation or damages,
legal response to threats, blackmail or coercion connected with intimate materials,
coordination of urgent actions where the material is spreading online.

Need legal assistance in a case involving non-consensual dissemination of intimate images? Contact us.