Egalitarian Digital Privacy

Image-based Abuse and Beyond

Tsachi Keren-Paz (University of Sheffield)

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Hardback

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English

Bristol University Press
30 March 2023

Gender & the law; Defamation law (slander & libel); Torts Law

Series: Law, Society, Policy

Should digital platforms be responsible for intimate images posted without the subject's consent? Could the viewers of such images be liable simply by viewing them?

This book answers these questions in the affirmative, while considering the social, legal and technological features of unauthorised dissemination of intimate images, or 'revenge porn.' In doing so, it asks fundamental socio-legal questions about responsibility, causation and apportionment, as well as conceptualising private information as property.

With a focus on private law theory, the book defines the appropriate scope of liability of platforms and viewers, while critiquing both the EU's and USA's solutions to the problem. Through its analysis, the book develops a new theory of egalitarian digital privacy.

By: Tsachi Keren-Paz (University of Sheffield)
Imprint: Bristol University Press
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
ISBN: 9781529214017
ISBN 10: 1529214017
Series: Law, Society, Policy
Pages: 272
Publication Date: 30 March 2023
Audience: Professional and scholarly , General/trade , Undergraduate , ELT Advanced
Format: Hardback
Publisher's Status: Active

1. Introduction: Egalitarian Digital Privacy 2. Setting the Ground: The Intermediary Liability Debate and Framing Issues 3. First Principles and Occupiers’ Liability: The Case against Immunity 4. Property and Privacy: The Case for Strict Liability 5 Property and Privacy: Objections and Possible Extensions 6. The Policy Debate: Uniqueness of Harm from NCII 7. The Policy Debate: Freedom of Expression and Financial Costs of Filtering 8. The Easy Case for Viewers’ Liability: Child Pornography and Apportionment of Liability 9. Viewers’ Liability: Intention and Objective Fault 10. The Power of Property: Strict Liability for Viewing NCII 11. Scope of Liability for Breaches of Privacy 12. Is Suing Viewers Practicable? 13. Conclusion

Tsachi Keren-Paz is Professor of Private Law in the School of Law at the University of Sheffield.

Reviews for Egalitarian Digital Privacy: Image-based Abuse and Beyond

"""This book demonstrates that publishing and viewing images of exposed human bodies causes harm within the reparative reach of private law. A timely, compassionate and convincing case for reform."" Anita Bernstein, Brooklyn Law School"