The Protection of Victim’s Rights from Nonconsensual Dissemination of Private Pornography

Abstract

            The objective of this research is to study the protection of victims from disseminating private pornography without consent. Analysis and comparative study of law enforcement in foreign countries have been conducted to find recommendations and guidelines for effective law enforcement in Thailand. The research methodology was performed by qualitative research in the method of documentary research. Data were collected from available sources, such as textbooks, books, articles, thesis, journals, theory and legal principles, case studies, and electronic documents.

               The definitions of sexual conduct and activity, damage claim, punitive damages, protection of victim's rights, as well as litigation in Illinois’s Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act of 2020 are different from the laws of Thailand.  Obviously, the existing laws in Thailand are unable to effectively protect the rights of victims in nonconsensual dissemination-related cases.

               In this research, suggestions and guidelines to amend the laws in terms of emotional distress, compensation, civil litigation by the victim with pseudonym, and statute of limitations were provided. The proposed amendment would promote the protection of victim’s rights in the matter of nonconsensual dissemination of private pornography and enhance the efficiency in protection of victims to Thai society.