The Spread of Sexting Without the Protagonist's Consent: A Legal Analysis
Abstract
The ubiquity of technological devices to capture and share images is changing in many ways our communicative habits. Among many other changes, it has led to the emergence of sexting. The sexting can be defined as the act of sending sexually explicit messages or photographs, primarily between mobile phones, produced and starring by the own messenger. The legal problems arise when the person receiving such private messages decides to share with third parties that content, without the consent of the first deliverer, star and producer of pornographic material. This paper analyzes the responses that Spanish law offers to that sharing without permission. The article pays particular attention to the new section 197.4 °.bis that the Government intends to incorporate to the Penal Code in order to punish such conduct.
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