Damjan Mileusnić
Researcher and Project Coordinator at Partners Serbia
Revenge pornography, i.e. violence caused by sharing of victims' intimate content [1] represents a global problem of all modern societies, which is becoming more frequent with the accelerated development of digital technologies, with the consequences that are increasingly difficult to eliminate. In Serbia, unfortunately, there is still too little talk about this topic. However, this problem became the focus of public interest in 2021, when information about the existence of various Telegram groups [2], with a large number of members [3], which were used to exchange intimate photos and videos of girls was published in the media.
On the one hand, the practice of sharing intimate photos and videos of victims (most often young women), without their consent, has severe psychological, social and emotional consequences for the person who suffered such a violation of privacy and dignity. On the other hand, if we take into account that the injuries were committed in the digital space, and that in this way they are made available to a larger number of people, the consequences can be even more serious - because the possibility of removing such content is more difficult, and because the long-term consequences for the victim could even last years after the publication of such photos or recordings. Also, if the recordings are published several years after the contact with the abuser, it automatically becomes more difficult to prove the responsibility of the specific person.
Such injuries represent a serious violation of the dignity of the individual, their privacy and bodily autonomy, with the intention of causing fear, public humiliation, anxiety, and they are also used to blackmail the victim in some cases. Victims themselves often have a sense of shame and helplessness, despite the fact that the perpetrator is solely to blame, and are often accompanied by various forms of stigmatization and fear of secondary victimization if they decide to report such privacy violations to the competent institutions.
The publication of intimate images has not bypassed even the public figures and recently it has been used as a form of discrediting, humiliation or fight against political opponents. [4] The goal of posting such content is to humiliate the victim, destroy their reputation and credibility, and send a threatening message to others about what could happen to them. With the development of deepfake technology, it is now also possible to create somewhat believable fake recordings of pornographic content, using one person's face on another's body, along with artificially generated imitations of that person's voice.
Revenge pornography still not regulated by laws in Serbia
Despite the frequency of such actions, the Criminal Code does not recognize revenge pornography as a separate crime, but it can be subsumed under other criminal acts, such as unauthorized publication and display of someone else's files, portraits or videos, as well as unauthorized photography. Namely, such cases are not prosecuted ex officio, but only with the private claim of the injured person, so it is necessary that the victim be the one to file a private claim against the perpetrator. This is particularly problematic precisely because of the fear of further victimization. Due to the seriousness of such cases and the fear of further condemnation from the local environment, it is completely understandable why the victim will not be willing to report this kind of injury, hence there is a justified fear that the number of these cases in practice is much higher. That is why the support and involvement of various actors (civil society organizations, police, prosecutor's office, psychologists) in this process is very important in order to empower victims to report these violations as soon as possible.
The Criminal Code prescribes penalties for the criminal offense of unauthorized publication and display of someone else's file, portrait or video, stipulating that if the action is performed without the consent of the person represented on the file, portrait or video in question, and if it "significantly interferes with the personal life of the person" , the perpetrator is to be fined or sentenced to up to 2 years in prison. Penalties are more severe if the perpetrator is a public official. The Criminal Code also prescribes the protection against unauthorized photography and unauthorized collection of personal data. [5]
In Serbia, the Special Prosecutor's Office for High-Tech Crime is primarily responsible for addressing these cases, but victims can also contact the police directly, providing evidence to support their claims. Also, it is very important to note that various civil society organizations that deal with the protection of women's rights are available to the victims in order to receive adequate information and advice on how to submit a complaint.
Good examples from the region and Europe
Positive examples from neighboring countries, where this issue has been legally regulated through the prescription of special criminal acts, tell us about the importance of this problem. Namely, the criminal offense of "misuse of someone else's video, photograph, portrait, audio recording and file with sexually explicit content" was recently introduced in Montenegro, which prescribes a prison sentence of up to 2 years, while in Croatia this type of behavior is legally qualified as a criminal offense of misusing a recording with sexually explicit content since 2022.
11 member states of the European Union also have this criminal offense in their legislation, which criminalizes the distribution, dissemination, sharing and publication of sexual content, without the consent of the person appearing on those recordings or photographs. In Belgium, this criminal offense is punishable by up to 5 years in prison, if the victim is an adult, and from 10 to 15 years in prison, if the victim is a minor. It is also important to point out that in this country, the absence of a minor's consent for recording is assumed and does not have to be proven in criminal proceedings.
How to solve the issue of revenge pornography in Serbia?
In order to prevent this dangerous social phenomenon, it is necessary to take a series of measures to protect the privacy and dignity of citizens. On the one hand, it is necessary to actively work on amendments to the Criminal Code, which would criminalize revenge pornography as such and which would prescribe appropriate punishments for abusers. This is especially important given that the current state of impunity creates a fertile ground for the further development of such unwanted actions and further violation of the dignity and privacy of a huge number of citizens. It is also necessary to work on improving the work of the judiciary, more efficient prosecution of perpetrators, but also to approach victims who have suffered this type of digital violence with as much empathy as possible.
In addition, education and raising awareness about the consequences of revenge pornography play a key role in preventing this type of abuse. There is a particularly important role for schools, civil society organizations and the media, which should cooperate in order to provide educational programs and campaigns that inform the public about the risks and harm that revenge pornography can cause. These actors must also work together to empower victims to further report such injuries to the competent institutions.
We must not forget the responsibilities of large companies and platforms operating in Serbia, which also have an obligation to undertake a series of activities to prevent the spread of revenge pornography. First of all, all large global companies should have representatives in Serbia that citizens could turn to if such privacy violations occur, but also to establish appropriate mechanisms for control and reporting of such content, which would prevent the further spread of intimate recordings and photographs of the victims.
In January 2024, as part of the Privacy Week, Partners Serbia discussed the consequences of revenge pornography, the stigmatization of victims, the possibility of removing such content from the Internet and prosecuting the perpetrators, the systematic failure to protect victims and potential solutions, as well as the experiences of countries in the region that succeeded in criminalizing revenge pornography. [6]
[1] In recent years activists and researchers dealing with this topic have indicated that it is more appropriate to use the term "Non-consensual Dissemination of Intimate Images". More information available at the following link >>
[2] Digital violence and Telegram: Revenge pornography and abuse of intimate footage - and how to protect yourself >>
[3] Some Telegram groups had tens of thousands of members
[4] An example of this is the publication of an intimate video of the MP Đorđe Miketić >>
[5] Criminal Code of RS (“Official Gazette of the RS ”, Nos. 85/2005, 88/2005, 107/2005, 72/2009, 111/2009, 121/2012, 104/2013, 108/2014, 94/2016, 35/2019), Art. 144-146
[6] A video clip of the panel on revenge pornography, organized by Partner Serbia, is available at the following link