Feminist legal geographies of intimate-image sexual abuse: Using copyright logic to combat the unauthorized distribution of celebrity intimate images in cyberspaces

Abstract

Women’s rights are often curtailed online due to the pervasive internet atmosphere of cybermisogyny. Extreme examples include ‘image-based sexual abuse’, a term which encompasses the non-consensual creation and/or distribution of private sexual images. The harms attached to this phenomenon are well documented. In this paper, we explore how copyright logic, despite its male-centric and property oriented worldview, presents one legal solution to this problem. We assert that Digital Millennium Copyright Act Takedown Notices, a copyright mechanism that notifies websites they are hosting infringing content and requires the prompt removal of the content, represents a novel legal mechanism to force websites to remove image-based sexual abuse from women’s online spaces. By using critical discourse analysis to review how Digital Millennium Copyright Act Takedown Notices attempt to provide solutions to the socio-spatial problem of image-based sexual abuse, we argue that copyright can subvert its current leanings to return to its original purpose: supporting creativity. Supporting creativity also helps to protect against the reproduction of gendered harms, from the real world to virtual spaces. This theorization represents not just legal geography but a feminist legal geography, in that it recognizes the internet should be a safe and legal space for women. In endorsing a pragmatic legal solution for women to regulate the sexually violent and nonconsensual distribution of their intimate images online, copyright is one mechanism that affirms women’s right to cyberspaces.

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