Revenge Porn vs. Online Defamation: What’s the Difference?

Both Harm Reputations But the Law Treats Them Differently

Reputation damage hurts, whether it comes from a lie or a leaked private image. But not all forms of online harm fall under the same legal umbrella. People often confuse revenge porn and defamation, especially when both lead to emotional distress and public humiliation. While the impact may feel similar, the law makes clear distinctions between these two types of wrongdoing.

Our sexual abuse attorneys have handled both types of cases, and we often see survivors unsure which claim fits their experience. At Horn Wright, LLP, we don’t expect you to know the legal differences. That’s our job. But understanding how the courts treat these situations differently can help you move forward with the strongest claim possible, and find the justice that matches the harm you’ve suffered.

Defamation Relates to Falsehoods While Revenge Porn Relates to Consent

At the core, defamation and revenge porn are rooted in different wrongs. Defamation is about lies, false statements that damage your reputation. Revenge porn is about consent, the violation of trust when someone shares intimate content without your permission.

Here’s the legal breakdown:

• Defamation requires a false statement of fact, published to a third party, that causes harm.
• Revenge porn involves a truthful image or video, but shared without consent, with the intent to cause distress or humiliation.

So while defamation punishes dishonesty, revenge porn punishes betrayal. A defamation claim can’t move forward if the statement was true, even if it was cruel. But a revenge porn claim doesn't care if the image is accurate. What matters is how, why, and whether it was shared.

In New York, both are recognized under separate legal structures. Understanding which one applies helps determine how to proceed, and what evidence to focus on.

Overlap Between Privacy Rights and Reputation Rights

In some cases, victims suffer both privacy invasion and reputational harm. For example, someone might post a nude photo and falsely claim the person is “selling themselves online” or engaging in illegal behavior. That’s where the two claims start to overlap, but they still remain legally distinct.

There are three types of harm courts look for:

• Violation of privacy — usually related to consent, especially in revenge porn.
• Harm to reputation — central to defamation and slander cases.
• Intentional emotional distress — which can sometimes be added to strengthen either claim.

This is one of the few areas in law where more than one claim may be appropriate, depending on what happened. But courts still need you to file the correct one, or both, using precise legal language.

Our sexual abuse attorneys help you identify where your case fits and how to maximize your legal standing.

How New York Courts Distinguish the Two Causes of Action

New York courts take revenge porn and defamation seriously, but they apply different standards. Revenge porn is typically handled under New York Penal Law § 245.15, which criminalizes the unlawful dissemination of intimate images. Defamation is a civil tort, meaning it’s pursued through a lawsuit for monetary damages.

Here’s how the courts draw the line:

• If the harm comes from a false narrative, it’s likely defamation.
• If the harm comes from exposing private truths without consent, it’s likely revenge porn.
• If both are present, such as false accusations alongside private images, dual claims may be possible.

New York also provides civil remedies under Civil Rights Law §§ 50 and 51, which allow people to sue over the unauthorized use of their likeness. This is often used in revenge porn cases involving public posting or commercial misuse.

Courts are especially alert when power dynamics are involved, like employers, ex-partners, or influencers using digital content to silence or shame someone. These situations may allow judges to award higher damages or issue stronger protective orders.

New Hampshire Provides Narrower Defamation Remedies Compared to New York’s Broader Protections

If your situation crosses state lines, it matters where you file your claim. Some states, like New Hampshire, offer more limited options for defamation victims. While New Hampshire does recognize both libel and slander, its laws are more conservative when it comes to public figures, online speech, and damages.

In contrast, New York law is broader:

• It offers multiple paths: traditional defamation claims and privacy-based civil remedies.
• Courts allow for punitive damages in extreme cases of malice or reckless disregard.
• Revenge porn is treated as both a criminal and civil issue, with layered protections.

So if someone posted about you online while living in New Hampshire, but the image was shared or seen in New York, or you live in New York, our team can help evaluate whether you can benefit from New York’s stronger protections.

We’ve worked on complex, multi-jurisdictional cases before. Knowing how to anchor your claim in the most favorable state can make a big difference in both results and timing.

Why Choosing the Correct Claim Strengthens Your Case

Filing the wrong type of claim doesn’t just waste time, it weakens your entire legal position. Judges may dismiss a case early if it’s miscategorized. Worse, you might miss key deadlines or fail to gather the right kind of evidence.

Here’s how to keep your case on solid ground:

• Defamation requires proof the statement was false, published, and harmful.
• Revenge porn needs evidence that the image was shared without consent, with intent to harm.
• Filing both means organizing your claim around two separate legal frameworks, each with its own burden of proof.

You don’t have to make that call alone. Our sexual abuse attorneys work with you to determine what happened, what evidence you have, and how the law interprets it. That legal clarity gives you more power, and a better shot at recovery.

Can Victims File Both Claims Together

Yes, but it depends on the facts. You can file both claims in one lawsuit if the offender both:

• Shared private images of you without consent, and
• Made false public statements that harmed your reputation.

However, filing both doesn’t mean you’ll win both. Each cause of action is judged independently. You must provide unique evidence for each one. A photo proves revenge porn, but not necessarily defamation. A damaging tweet might show defamation , but not necessarily a privacy violation.

New York courts allow consolidated complaints, meaning you can file both claims together to streamline the case. That can help avoid duplicate fees and reduce delays, but your lawyer needs to frame the argument precisely.

Our team has filed dual claims in high-profile digital harassment cases. We know how to build each element without confusing the issues, so the court sees the full impact of what you endured.

Horn Wright, LLP, Helps You File the Right Claim for the Right Relief

Digital abuse isn’t one-size-fits-all, and neither is your legal strategy. If you’re unsure whether your experience qualifies as revenge porn, defamation, or both, we’ll help you figure that out. Our sexual abuse attorneys will walk through the facts, apply the correct legal framework, and explain what’s possible under New York law.

At Horn Wright, LLP, we help victims pursue the relief they actually need, whether that’s image removal, monetary damages, or criminal charges.