Non-consensual pornography: Sismanidis analysis of penalties and new protection tools
Prosecutor Sophia Sismanidis deconstructed the term "revenge pornography" and presented the new legal framework, including 24-hour removal of illegal digital content.
Sismanidis in Kos: Why the term "revenge pornography" is misleading
According to Dikastiko.gr, Athens Prosecutor of First Instance Sophia I. Sismanidis developed an extensive presentation at the scientific conference of the Union of Greek Prosecutors in Kos on the non-consensual dissemination of sexual material — a form of digital gender-based violence that transforms private moments into a tool of extortion and humiliation.
The misleading nature of the term
The widely used term "revenge pornography" is considered inappropriate, Sismanidis explained, because it artificially narrows the perpetrator's motives to revenge following the end of a relationship. In practice, the motives are broader: coercion, extortion, pursuit of financial gain, sexual gratification, and even amusement. At the same time, the term unfairly tarnishes the moral standing of the victim.
For these reasons, international literature has consistently moved towards the terms "non-consensual pornography" or "abuse through sexual visual material" — known in English-language literature as image-based sexual abuse.
From Law 2472/1997 to Article 346 of the Penal Code
The prosecutor mapped the legislative evolution: from the initial framework protecting personal data (Law 2472/1997 and Law 4624/2019) and the jurisprudence of the Court of Cassation — with the landmark decision Court of Cassation 686/2021, which explicitly recognised moral harm — to the independent criminalisation of the phenomenon through Article 346 of the Penal Code.
Gradations of the offence
Sismanidis presented in detail the gradation of punishable acts. The basic misdemeanour form concerns the dissemination of sexual material without entitlement, as well as the milder forms of threat and coercion. At the felony level are the aggravated cases:
- public posting to an indefinite number of recipients
- commission by an adult against a minor
- act against a partner or spouse
- pursuit of financial gain
Procedural matters and victim suicide
The prosecutor also addressed the procedural and evidentiary concerns raised by the applicable provisions, particularly in cases where the victim has attempted suicide or has died by suicide — circumstances that create particular difficulties both in proving and prosecuting the offence.
Law 5172/2025: Content removal within 24 hours
On the chapter of new protection tools, Sismanidis presented the provisions of Law 5172/2025, through which the relevant European Directive was incorporated into Greek law. The law grants prosecutorial authorities the power to issue an immediate order for removal of illegal content within 24 hours from hosting providers. In case of non-compliance, access blocking is provided for through IP or domain blocking.
Source: Dikastiko.gr