You might be wondering what that title, or this topic, has to do with performance marketing. Well, as digital marketers we need to be well aware of any legal challenges going on that affects anything on the Internet. While I fully support this law (which I’ll explain shortly), it is important for us as marketers to keep up to date with what restrictions the government is putting on what can, and can’t be put online.
This bill, which was introduced by Illinois State Senator Michael Hastings, will make it a felony to “knowingly place, post, or reproduce on the Internet a photograph, video, or digital image of a person in a state of nudity, in a state of sexual excitement, or engaged in any act of sexual conduct or sexual penetration, without the knowledge and consent of that person.”
Basically, this bill is meant to end sites where people post pictures of their ex-girlfriends, ex-wives or just people who they managed to get sexually explicit pictures or videos of. Of course, it would apply to pictures of men as well, but the vast majority of this type of content is of women. Most people will agree (I hope) that this type of law is good and necessary to protect people’s privacy.
The problem with this bill (like so many others) is that it is not entirely clear where the lines will be drawn. I’m specifically referring to the part of the law which specifies, “In a state of sexual excitement.” This could open people up to being arrested, even if they aren’t posting ‘porn’ on their sites. If, for example, you are promoting an ‘erectile dysfunction’ product, and you want to have a picture of a couple expressing affection.
Some marketers don’t take the time to completely research the images they use, and will just take something off of Google images. If the picture is of a couple ‘making out’ for example, and one of the individuals in the picture sees it, they may be able to press charges. This is just one more reasons why all marketers need to be very careful about the images and other content they use.
This type of law, however, can also lead to other situations where laws are written for one thing, and can affect another. This is why all marketers need to keep a close eye on anything that impacts how things can be done online.
What do you think about this law specifically, or how it could affect the way people work online in the future. Share your comments below.
