The “Commercial Pornography” Exception to the Federal Revenge Porn Law
Under 15 U.S.C. § 6851, victims of nonconsensual image distribution can file a federal civil lawsuit to hold perpetrators accountable. But not every intimate image qualifies. One important exception in the law involves commercial pornographic content.
What Is the Commercial Pornography Exception?
The law says a person may not bring a claim under § 6851 if the image in question is classified as commercial pornographic content—unless it was produced by force, fraud, misrepresentation, or coercion. This means that if the image was legally produced under the commercial adult industry rules and the person consented at the time, a civil claim under this statute may not be allowed.
What Counts as “Commercial Pornographic Content”?
The law defines commercial pornographic content as any material subject to the record-keeping requirements of 18 U.S.C. § 2257. This section applies to producers of images or videos depicting actual sexually explicit conduct who are engaged in commercial distribution. If a producer falls under § 2257, they are required to:
- Check government-issued IDs of all performers
- Keep detailed records of names, aliases, and birthdates
- Maintain those records at a business location for inspection by the Attorney General
- Affix a compliance statement to every copy of the content (including every page of a website)
In other words, lawfully produced commercial pornography with age verification and documentation is excluded from § 6851—unless the person can show they were coerced, tricked, or forced into participating.
What If I Was Coerced or Lied To?
This exception has an important limit: if the content was produced through force, fraud, misrepresentation, or coercion, the exception does not apply. Victims who were manipulated or threatened into creating the content—even if it was later published through adult sites—can still sue under § 6851.
For example, if someone:
- Falsely promised the content would stay private, then published it anyway
- Used threats or intimidation to force the creation of the image
- Tricked the victim into believing they were doing a private exchange
—those actions may fall outside the commercial exception and allow a lawsuit to proceed.
Why This Exception Matters
This provision of the law was included to avoid conflict with established First Amendment protections for consensual adult entertainment. But it also reflects a core principle: consent must exist at every stage—not just during filming, but during distribution.
Unfortunately, this exception is often misunderstood and misused by abusers. They may try to hide behind “consent” when the truth is that the victim never agreed to public sharing—or was manipulated into agreeing in the first place.
You Still Have Rights
Even if your image was produced in a commercial setting, you may still be protected by 15 U.S.C. § 6851, as well as other laws. Many states have criminal and civil remedies for revenge porn. And in some cases, you may also have claims for invasion of privacy, defamation, or emotional distress.
Need Help? Contact Us.
If someone is sharing or threatening to share your intimate images—even if they claim it’s “legal” or “public”—you may still have powerful legal options. Our team understands the nuances of the commercial pornography exception and can help you determine if your case qualifies under federal law or other legal remedies.