AWK SURVIVOR ADVOCATE ATTORNEYS

Nonconsensual Videos: Holding Platforms Accountable

By: J. Christopher Klotz and Hillary M. Nappi, Partners at AWK Survivor Advocate Attorneys

White Plains, NY — In March 2026, CNN's "As Equals" investigation exposed something that lawmakers, courts, and tech companies can no longer ignore: a sprawling online ecosystem built around the filming, sharing, and monetization of sexual violence against women. The women depicted in these videos are real people. Many of them have no idea the footage exists.

The investigation uncovered websites hosting thousands of videos of women who were unconscious, drugged, or otherwise incapable of consenting to sexual acts. The content was searchable, tagged, and monetized. Some videos had been viewed tens of thousands of times. Reporters also found communities where users exchanged advice on how to drug partners, avoid detection, and livestream assaults for paying audiences. This is not a fringe problem. It is an organized one.

How Platforms Organize and Profit from Abuse

For nearly three decades, Section 230 of the Communications Decency Act has shielded online platforms from civil liability for content posted by users. When the law was enacted in 1996, it served an important purpose: protecting a nascent internet from being buried in litigation before it could develop. But the internet of today is not what Congress envisioned in 1996, and the platforms at issue here are not passive hosts.

The websites identified in CNN's reporting categorized videos, tagged them, made them searchable, and algorithmically surfaced more of the same content to users. Some directly monetized that engagement. These are not neutral intermediaries. They are systems designed to organize and amplify content in ways that drive traffic and revenue — including content depicting apparent rape.

Increasingly, courts have considered the question of whether platforms that actively recommend and amplify harmful material deserve the same legal protections as simple bulletin boards. That distinction matters enormously for survivors, because it determines whether there is a legal avenue for accountability.

The France Case That Changed the Conversation

The case of Gisèle Pelicot in France forced a global conversation about how online communities can facilitate real-world sexual violence. Prosecutors demonstrated that her husband repeatedly drugged her and recruited strangers online to assault her while she was unconscious. French authorities treated the case as what it was: organized criminal conduct. Dozens of men were convicted.

The United States cannot continue to treat these crimes as too technologically complex to address. Awareness is no longer the obstacle. Accountability is.

Why Criminal Prosecution Isn't Enough

Individual prosecution matters and law enforcement must pursue perpetrators aggressively under existing law. But criminal prosecution alone does not address the structural failure that allowed this ecosystem to grow. These platforms still profit from this material. The financial incentive to delay removals and maximize engagement remains in place as long as civil liability does not.

The Legal Landscape Is Shifting

Financial institutions are required to monitor for money laundering. Hotels can face civil liability for facilitating trafficking. There is no principled reason why technology companies should be exempt from comparable standards simply because the harm occurs through an upload button rather than a physical transaction.

Congress has debated Section 230 reform for years. While no comprehensive legislation has passed, the repeated bipartisan attempts reflect genuine and growing discomfort with the status quo. Courts are also beginning to examine more carefully whether algorithmic amplification of abusive content is really the kind of “passive hosting” the law was designed to protect.

Civil Litigation: A Path to Justice for Survivors

For survivors, these shifts matter. Civil litigation is one of the most direct tools available to hold both individual perpetrators and platform operators accountable for the harm they caused or enabled.

What to Do If You've Been Harmed Online

If you have discovered that footage of you has been shared without your consent, whether on a mainstream platform or a site like those described in CNN's reporting, you do not have to wait for Congress to act or for a platform to respond to your removal request.

At AWK Survivor Advocate Attorneys, we represent survivors of image-based abuse, online sexual exploitation, and nonconsensual intimate imagery in civil litigation nationwide. Our team can help you understand your legal options, preserve digital evidence, pursue takedown remedies, and seek compensation from the individuals and entities responsible for the harm you have suffered.

Every day these videos remain online is another day survivors lose control over their privacy and dignity. You deserve a team that will fight to get it back. Contact AWK SAA today for a free, confidential consultation.