Romania makes revenge porn illegal, punishable with jail or fine

The dissemination of intimate images of a person without their consent will constitute a crime in Romania and can be punished with imprisonment of up to 3 years after an amendment to the Criminal Code was recently approved.

The new law, championed by lawmakers from the opposition, complements the Criminal Code by criminalizing the disclosure, dissemination, presentation, or transmission in any way of an intimate image of an identified or identifiable person, without the consent of the person depicted, which is likely to cause them psychological suffering or harm their image. The punishment will be imprisonment ranging from 6 months to 3 years or a fine.

The law was initiated following discussions with women's rights NGOs, representatives of the Police, DIICOT, and the Institute of Criminology.

With the amendment now approved, Romania joins other countries that have criminalized revenge porn, including France, Germany, the United Kingdom, the United States, Australia, and Japan.

"Four years after its submission, Parliament has approved the USR project that seeks to cover a legislative gap in the Criminal Code. It refers to the criminalization of an act that has gained momentum, especially in the last 10-15 years. There have been numerous cases where partners in a relationship take inappropriate photos and videos of each other, and after separation, these materials are posted on the internet for revenge. The effects of such an act can be very serious, ranging from long-term damage to the victim's reputation to loss of employment or even harassment by strangers. Currently, the only solution is a civil lawsuit, but we know that moral damages are awarded quite reluctantly in Romania and are often insufficient to cover the harm, so amending the criminal law was necessary," said USR Deputy Mihai Badea cited by G4Media.

“I am incredibly happy today! The legislative proposal that I submitted to Parliament for the criminalization of revenge porn was adopted in the earlier session of the Chamber of Deputies, nearly 4 years after its submission. I believe this is a victory for us, for everyone. This first victory is a glimmer of hope for all victims of non-consensual pornography, an act that is currently not covered by criminal law,” said the law’s initiator, USR senator Florina Presada.

“With its enactment, women will be better protected against these abuses, and law enforcement officers and prosecutors will have the law on their side to investigate these crimes and bring the perpetrators to justice,” she added.

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