Rep. Andria Bennett’s (D-Dover) proposed “revenge porn” legislation is moving ahead over the concerns of First Amendment activists.
The measure was voted out of the House Judiciary committee Wednesday after an amendment incorporating more detailed definitions from the Attorney General’s office.
But the measure did not include a malicious intent clause that the Delaware chapter of the American Civil Liberties Union (ACLU) argues is needed to make the proposal constitutional.
Revenge porn involves someone distributing nude photos or videos – typically of their partner – without their consent, sometimes along with identifying information.
Kathleen MacRae, Executive Director of the state’s ACLU, says without the clause the bill infringes upon people’s free speech rights to distribute consensual materials.
“It creates a false promise for the public," said MacRae. "It tells the public that they have protection when they actually do not, because we will challenge this bill in court should we have the opportunity to do so.”
The bill had been sidelined in committee in April over similar concerns.
Rep. Bennett says she consulted with the Delaware Attorney General's office, which told her not to add a motive provision.
“It made it easier to prosecute people that were committing these crimes. That’s what we were worried about: getting the people that were committing the crimes,” said Bennett.
When asked after the hearing specifically about the ACLU's concerns, Bennett declined to answer, referring the question to a spokesman.
The bill now moves to the full House for consideration.
