Revenge sharing of intimate images after a breakup in Argentina
An intimate image shared during a relationship has been distributed online following the breakup, often with identifying information attached. This pattern is the original target case for state revenge porn statutes and the federal TAKE IT DOWN Act.
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jurisdiction
Ley
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TAKE IT DOWN Act window
Court order
enforcement route
Tl;dr
In Argentina, this conduct is prosecuted under Ley 27.736 (Ley Olimpia Argentina) plus provincial criminal codes. The civil erasure route runs through Ley 25.326 de Protección de Datos Personales (right of suppression) and AAIP. Where the host platform is subject to US jurisdiction, the TAKE IT DOWN Act adds a 48 hour platform removal obligation in parallel.
Why this happens
Post breakup distribution typically occurs within the first 90 days after the relationship ends. The distribution is rarely random and often involves coordinated posting across multiple platforms.
Many ex partners attach identifying information including the victim's name, employer, school, or contact details. This identifying context creates additional civil claims beyond the NCII statutes.
Legal framework in Argentina
Ley 27.736 of 2023 amending Ley 26.485 to recognise digital and telematic violence including intimate image distribution, plus provincial implementations. Civil and administrative under Ley 26.485 as amended. Criminal penalties under provincial codes vary, generally 6 months to 4 years.
Argentina's 2023 Ley Olimpia recognised digital violence as a category under the comprehensive violence against women framework. Criminal prosecution proceeds through provincial codes that have separately enacted intimate image offences.
Evidence to preserve
- Full page screenshot of every URL where the content appears, including any attached identifying information
- The full communication history with the ex partner, especially any threats made before the distribution
- The dates of the breakup and the first appearance of the content online
- Any witnesses to the relationship who can attest to the original consent context for the images
Do not: Do not communicate with the ex partner during the active distribution period. Communications can be edited and selectively shared to suggest reconciliation or consent. All communication should be through counsel.
Five step removal process
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1
Preserve all evidence first
Full page screenshot of every URL where the content appears, including any attached identifying information. The full communication history with the ex partner, especially any threats made before the distribution.
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2
File the Ley 27.736 (Ley Olimpia Argentina) plus provincial criminal codes criminal complaint
Report to local police or the national cybercrime unit. Línea 144 can assist.
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3
Submit an erasure request under Ley 25.326 de Protección de Datos Personales (right of suppression)
Each major platform has a designated data protection contact. The request must cite the legal basis and identify the URLs. The platform has 30 days to respond. AAIP accepts complaints for non compliance.
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4
Run a biometric scan to find every additional copy
Content posted to one platform is rarely confined to one platform. ScanErase identifies every current hosting location in a single scan, including mirror copies and AI generated variants.
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5
File TAKE IT DOWN Act notices for covered platforms
Use your scan report to file the federal 48 hour notice yourself, in parallel with your domestic rights. The two regimes are cumulative, not exclusive.
Statutory citations to include in your complaint
- Ley 27.736 of 2023 amending Ley 26.485 to recognise digital and telematic violence including intimate image distribution, plus provincial implementations
- Ley 25.326 de Protección de Datos Personales (right of suppression)
- US TAKE IT DOWN Act for any covered platform
- State revenge porn statutes which exist in 48 states with criminal penalties
- Civil claims for intentional infliction of emotional distress and statutory damages where state law provides
Frequently asked questions
Is revenge after breakup a crime in Argentina?
Yes. Ley 27.736 of 2023 amending Ley 26.485 to recognise digital and telematic violence including intimate image distribution, plus provincial implementations criminalises this conduct. Civil and administrative under Ley 26.485 as amended. Criminal penalties under provincial codes vary, generally 6 months to 4 years.
What evidence should a Argentina victim of revenge after breakup preserve?
Full page screenshot of every URL where the content appears, including any attached identifying information. The full communication history with the ex partner, especially any threats made before the distribution. The dates of the breakup and the first appearance of the content online. Any witnesses to the relationship who can attest to the original consent context for the images.
Does Ley 25.326 de Protección de Datos Personales (right of suppression) apply to this scenario?
Yes. Ley 25.326 de Protección de Datos Personales (right of suppression) gives the victim a direct erasure right against any platform processing the imagery. AAIP enforces non compliance.
What support is available in Argentina for revenge after breakup?
Línea 144 provides direct support to victims and can assist with both the criminal complaint and the platform removal process. Contact at https://www.argentina.gob.ar/generos/linea-144.
Can a Argentina victim also file a US TAKE IT DOWN Act notice?
Yes when the hosting platform is subject to US jurisdiction. The 48 hour federal removal obligation runs in parallel with rights under Ley 27.736 (Ley Olimpia Argentina) plus provincial criminal codes and Ley 25.326 de Protección de Datos Personales (right of suppression).
Remove every copy now
One scan. Coordinated removal under Ley 27.736 (Ley Olimpia Argentina) plus provincial criminal codes, Ley 25.326 de Protección de Datos Personales (right of suppression), and the TAKE IT DOWN Act.
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