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Revenge porn: Its establishment in the New Penal Code

Revenge porn: Its establishment in the New Penal Code

Revenge porn: Its establishment in the New Penal Code

Feb 13, 2024

Revenge Porn, or otherwise known as Revenge Pornography, a scourge of Greek society, refers to the reproduction and distribution of sexually explicit images or videos that were created by a partner or spouse or even by a...


Revenge Porn, or Revenge Pornography, a scourge of Greek society, refers to the reproduction and distribution of sexually obscene images or videos created by a partner or spouse or even by a casual relationship during a sexual relationship, with or without the knowledge and consent of the victim and which after the relationship ends, revengefully distributed in public and causing harm to the sexual life of the victim, which, in order to occur, the offender's act must refer to an identifiable person, i.e. either the person or the specific characteristics of the victim that make him or her identifiable. The phenomenon of revenge porn also extends to minors, as either their peers or older people can trap or coerce them into filming or photographing sexually indecent acts that infringe their sexual freedom.

Unfortunately, revenge pornography has always been a major problem in society and was first established as a crime in 2022 with the passing of Law no. 4947/23 - 6 - 2022 with article 38 of which article 346 was added to the Criminal Code. According to this article, the crime is not only constituted in the case of disclosure of personal moments without the consent or knowledge of the victim (paragraph 1 Article 346 Criminal Code), but also when there is a threat, which is punishable by imprisonment of at least one year (paragraph 2). The cases in which revenge pornography is punishable by imprisonment of up to eight years are listed in paragraph 3 of Article 346 Criminal Code and are as follows:

  1. When the perpetrator posts on the internet or social media (e.g. Facebook, Instagram and other social media platforms) with an indefinite number of recipients (i.e., anyone who has access to the audiovisual or video material).

  2. Where the perpetrator is an adult and the victim is a minor.

  3. Where the victim is a former or current partner, spouse, or person cohabiting with the offender, either in an official or employment relationship, or the victim is in the custody of the offender and cannot defend him/herself.

  4. Where the offender intends to obtain illegal pecuniary gain, such as extorting a sum of money or satisfying his/her sick sexual desires.


It is worth noting that paragraph 4 of Article 346 of the Criminal Code provides for a heavier penalty, in case the victim attempted to commit suicide (imprisonment and a fine) or committed suicide and death occurred (imprisonment of at least ten years and a fine).

The addition of Article 346 of the CC is an important addition to the Criminal Code, as until then there was no other article of the Penal Code clearly establishing the crime of revenge pornography and the victims are no longer defenseless and unprotected due to the legislative vacuum until then. Unfortunately, however, there is still the phenomenon of 'victim blaming', i.e. society has on more than a few occasions held the victims themselves fully or partially responsible for the harm caused.

It is important that victims are not afraid to speak out and seek legal help. When they are given legal help, it is also important to stress to them that it is not their fault that they trusted their current or former partner and went ahead with a normal act that they themselves wanted. As for victims who were threatened or pressured, they should know that they are not responsible for the victims' illegal actions. The moral lesson is one: it is necessary for victims to seek legal help and support and not to fear public outcry, to which the answer is one: the Criminal Code itself does not provide for any complicity of the victim in the crime of revenge pornography.