Towards an effective criminalisation of revenge pornography
This thesis (in Dutch) discusses the status of revenge pornography in Dutch criminal law. Freedom of speech and a right to privacy are analysed with regard to their weaknesses in revenge pornography. The Dutch equivalent of slander (articles 261 and 262 of the Dutch Criminal Code) and insulting (article 266 of the Dutch Criminal Code) are further analysed to establish their suitability for the criminalisation of revenge pornography. Although the Dutch legislator was of the opinion that revenge pornography did not need additional legislation in order to be criminalised, this thesis found that to prosecute revenge pornography under slander or insult would constitute victim-blaming and should therefore not be done. The thesis concludes to advise the adoption of new legislation.
Thesis in partial fulfilment of the masters Jurisprudence and Philosophy of Law.