Washington International Law Journal


Revenge porn is the practice of posting and distributing sexually explicit images of an ex-partner on the Internet to seek revenge after a breakup. Because it brings serious damages to the victims, it has become a significant social issue in Japan, the United States, and around the world. An increasing number of U.S. states and other countries are now enacting statutes criminalizing revenge porn. Recently, Japan joined these jurisdictions in criminalizing revenge porn when the Diet, the Japanese national legislature, passed the Revenge Porn Victimization Prevention Act. This article compares the Act with legislation in the United States and critically examines its constitutionality in light of protections for freedom of expression. This article argues that the Japanese anti-revenge porn legislation, being too ambiguous and overbroad, raises very serious questions as to its constitutionality due to its infringement upon freedom of expression. This examination will prove to be very meaningful for other states and countries that are facing the same revenge porn issue.

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