Consent by porn film actor
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Can you remove a porn video from the internet even if you signed a release form?
In many cases, it is possible to remove, or more accurately, invalidate consent that was apparently given by a porn actor to the participation to be in the porn film and the publication of the movie.
What if I signed a release form
In what case may consent by a porn actor be invalid
Consent to participate in a porn film whilst under duress
Changes to the pre-agreed arrangement
Common factors that may invalidate consent by a porn actor
The impact of signing a release form or a contract on consent
Circumstances where a release form signed by a porn actor might be held invalid
What are the rights that a porn actor might be giving away
What happens if porn film consent that was given years ago is found to be invalid
What if I signed a release form
Many of our clients have signed a release form and have been told by the producer of the porn videos that because they signed a release form, they were never able to have the porn videos removed from the internet.
Fortunately, if you are told by a porn producer that because you have signed a release form some years ago, you have no rights, or say, over what happens to the video, then be assured that in many cases, this information is incorrect.
If you signed a release form before, or after participating in a porn film, the release form does not necessarily release the porn producers from liability to you over the publication of the porn videos on the internet. Release forms are not written in stone and in many cases, we are able to find a loophole that will enable you to be freed from the release form. Just because you signed a release form, does not mean that the porn producers own you and can do whatever they want with the videos regardless of your legal rights to privacy, or data protection and to a fair contract.
In what case may a consent or a release form by a porn actor may be invalid
There are many instances where consent by a porn actor to take part in filming an adult movie, could be held as invalid. Many actors wrongly believe that if they signed a contract or a consent form, they are necessarily bound by what they signed forever. Sometimes individuals who perform in adult films, do so whilst highly vulnerable and at a low point in their lives.
Some performers are humiliated and even gang raped on set and from that low point in their lives they are often condemned to re-live their sexual assault on a daily basis through online porn-sharing websites. Rape through porn production happens when an individual agrees to participate in a pornographic film but in circumstances where their consent can be invalidated.
In many cases, actors in porn films are not legally capable of giving valid consent because they are under the influence of drugs or alcohol or they are fearful and therefore give consent under duress.
Intoxication, through drugs or alcohol, will almost always invalidate consent. We are aware, for example, of cases involving low-budget production companies in and around London, which have encouraged victims to consume alcohol or drugs before and during filming.
In some cases, the producers either knew or ought to have known that the actor had been under the influence of drugs or alcohol. This is particularly true in cases where the porn actor had been picked up as homeless or is someone who upon an eye examination or upon their own confession, can be determined as a drug user. In all cases, where alcohol is offered on stage, before or during filming, it can be assumed that the porn actor is consenting whilst under the influence of alcohol.
Consent to participate in a porn film whilst under duress
Duress means fear or pressure, which could be physical or emotional. The duress might be exerted on the porn actor before they came to the studio or whilst brought to the studio by another person who is subjecting them to abusive or coercive behaviour. Other cases might involve threats of violence and false imprisonment of victims who initially consented to perform sexual acts but who later on, halfway through the filming wanted to withdraw consent but were not allowed to. In circumstances where as a result of threats or because they were not free to leave the set, but who were forced to continue to perform sexual acts, consent that was previously given, is likely to be invalidated.
Change to the pre-agreed arrangement
There have been many cases, where the porn actor has agreed to participate in a porn film and to perform sexual acts that had been agreed upon in advance, but halfway through the filming, the producer demanded that they perform additional sexual acts. It is not uncommon for vulnerable victims, usually in their early 20s, who have agreed to perform a sex act on one or two men, to be then forced to have sex with a group of 10 men or more, picked up from the street.
Usually, the payment for those extreme sexual acts is low, which is another factor that would help to show that any consent that was previously given, is invalid. Under English law, a person who is intoxicated or under the influence of drugs, or who is under threats of violence, is not capable of giving consent to sexual intercourse. Strictly speaking, you cannot give consent to other forms of physical assaults either.
Common factors that may invalidate consent by a porn actor
Other common circumstances that might invalidate consent are associated with what we term as “duress of circumstances”, where the individual allegedly consenting to participate in a degrading scene is doing so under so much pressure whether personal, financial or social, which results in their belief that they have no choice but to participate in that scene.
The impact of signing a release form or a contract on consent
In circumstances where an individual was paid a sum of money and/or signed a contract of any sort, the payment or the signing of the contract could help prove the lack of consent rather than the grant of it. This is particularly true if the contract is demonstrably unfair. For example, a performer in a sex film who is not a professional actor and who agreed to receive a small sum of money (usually only a few hundred pounds) in return for taking part in a hard-core pornographic film might be able to claim that they did not give valid consent.
This might be the case, where the amount paid to the actor by the producer was highly disproportionate to the acts the porn actor was required to perform on set or to be subjected to. Under normal, more sober circumstances, the actor would have never agreed to perform such extreme acts for such a small amount of money. Therefore, it is possible to conclude that they agreed to take part in the filming due to pressure.
Circumstances where a release form signed by a porn actor might be held invalid
The porn actor was not offered a cooling-off period
The porn actor was not allowed time to consider the contract
The porn actor did not understand the contract or the release form
The actor was not offered the opportunity to obtain independent legal advice
The porn actor has signed the release form whilst under group pressure
The obligations of the porn actor are disproportionate to the benefits to her
The porn actor expressed “buyer’s remorse”
The porn actor was not offered a cooling-off period
A contract, or a release form that was signed by a porn actor, just before the filming, and without giving the actor a cooling-off period is likely to be considered invalid. This applies to nearly all the consent or release forms that are signed by first-time porn actors.
The porn actor was not allowed time to consider the contract
Where it is obvious that the porn actor had not been given sufficient time to consider the contract or the release form, the result is likely to be that the contract is being held invalid.
The porn actor did not understand the contract or the release form
Where the actor can show that she did not understand the contract, the contract is likely to be considered invalid. This often happens when the porn actor was unable to read or write the language by which the contract or the release form was written.
The actor was not offered the opportunity to obtain independent legal advice
Because of the significant and long-term implications of acting in a porn film, and performing extreme sexual acts, the porn actor should be offered an opportunity to seek independent legal advice. This offer must be real and meaningful, otherwise, the contract or release form might be invalid.
The porn actor has signed the release form whilst under group pressure
If the porn actor was under group pressure or pressure by the producer to sign the release agreement, this might indicate that she did not fully understand the implications of performing in the porn film or that she had signed the agreement under duress.
The obligations of the porn actor are disproportionate to the benefits to her
Where the legal right that was forfeited by the actor was either an impossible right to forfeit or where the giving away of those legal rights was highly disproportionate to the remuneration the actor had received, it is likely that the contract signed by the porn actor will be invalid. There will also be the case where consent by the actor to participate in a particular sex scene simply doesn’t make sense because the act is too extreme relative to the remuneration,
The porn actor expressed “buyer’s remorse”
Where the porn actor had expressed “buyer’s remorse” halfway through or very shortly after participating in a sex film and where the amateur actor changed her mind, but was told that it was too late to do so, their consent whether signed or not might be considered invalid.
What are the rights that a porn actor might be giving away?
The type of legal rights, a performer in an amateur adult film is giving away, often goes far beyond copyright or other intellectual property rights. The actor often also give away (and in some cases forevermore) their right to privacy, and their right to not have their personal data used in a degrading manner. Arguably, very few people, in their right mind, would agree to give away so much in return for so little, unless they struggled to think straight at the time of forfeiting their own legal rights, and being unfairly taken advantage of.
What happens if porn film consent that was given years ago is found to be invalid
Often, the issue of consent goes far beyond civil legal rights and could create criminal liability on the part of the participants in the production of the film. If the porn actor raises the issue of consent, even many years later, this could give rise to a police investigation and to potential criminal charges of rape, indecent assault and other related offences. These might include the offence of conspiracy to commit a variety of criminal offences involving interference with one’s physical being.
The porn actor might also be able to claim compensation from the perpetrators or from the Criminal Injuries Compensation Authority. All parties involved and present during filming could face criminal charges, including individuals who took active part in the sexual acts whilst knowing or having reasons to suspect that the person they were indecently touching, or penetrating did not give valid consent.
From the growing number of enquiries of this nature to this law firm, it is starting to become clear that there is a huge problem involving vulnerable victims of rape on set who had been sexually exploited and who are too frightened and too embarrassed to revisit a dark period in their lives, which they are so desperate to put behind. There seems to be zero policing activity in this area and very little awareness of the issue by the general public. If you have been sexually exploited on a film set, please get in touch with us. We will listen to you and advise you on the various options available to you to take action to remove any sex videos from the internet and/or take legal action against an individual or a company that had been involved in your exploitation. If you just want to talk to somebody, our team is happy to hear from you too.
