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Focusing on the non-consensual sharing of intimate images (NCII), this chapter connects 2013’s widely publicised tragedies and online resistance mobilisations such as #SomosTodasFran to legislative innovation and case-law practice. It reconstructs the participatory process that produced the Marco Civil (2014) and explains why NCII received a bespoke takedown rule (Art. 21) outside the general court-order model (Art. 19), and how, from a criminal law perspective, Brazil then moved beyond a “crimes against honor” framework to protect sexual autonomy: the Rose Leonel Law (2018) adds “violation of intimacy” as psychological violence in the Maria da Penha framework and criminalises unauthorised recording/montage of nude/sexual scenes (Art. 216-B); the Sexual Harassment Law (2018) criminalises dissemination of sex/nudity without consent (Art. 218-C), with penalty aggravators for intimate relationships and revenge/humiliation motives. This chapter critiques how courts and media frame “honor”, double standards, and classed/racialised respectability, and unpacks consent’s limits under gendered power. Through cases like Encantado’s WhatsApp groups, it shows how the media and local institutions can reproduce harm, why many victims avoid the justice system, and why civil, criminal, and educational approaches must be combined. Overall, NCII is read as a lens on sexual morality, platform governance, and the politics of privacy/publicness.

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From the Body to Nudes: Sexuality, Gender, and the Internet

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  • 出版模式：

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  • 发表日期：

    2026年

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  • Mariana Valente

摘要

Focusing on the non-consensual sharing of intimate images (NCII), this chapter connects 2013’s widely publicised tragedies and online resistance mobilisations such as #SomosTodasFran to legislative innovation and case-law practice. It reconstructs the participatory process that produced the Marco Civil (2014) and explains why NCII received a bespoke takedown rule (Art. 21) outside the general court-order model (Art. 19), and how, from a criminal law perspective, Brazil then moved beyond a “crimes against honor” framework to protect sexual autonomy: the Rose Leonel Law (2018) adds “violation of intimacy” as psychological violence in the Maria da Penha framework and criminalises unauthorised recording/montage of nude/sexual scenes (Art. 216-B); the Sexual Harassment Law (2018) criminalises dissemination of sex/nudity without consent (Art. 218-C), with penalty aggravators for intimate relationships and revenge/humiliation motives. This chapter critiques how courts and media frame “honor”, double standards, and classed/racialised respectability, and unpacks consent’s limits under gendered power. Through cases like Encantado’s WhatsApp groups, it shows how the media and local institutions can reproduce harm, why many victims avoid the justice system, and why civil, criminal, and educational approaches must be combined. Overall, NCII is read as a lens on sexual morality, platform governance, and the politics of privacy/publicness.