Body of Law: When Content Moderation Becomes Gender Oppression and Triggers Legal Consequences

Authors

• Sarah E. Bahrenburg

Date

2026

Abstract

For as long as the Internet has existed, it has been used as a tool for good and as a tool for malice. However, there is a discrepancy between punishment for those maliciously invading individuals’ personal space and those posting consensual images of themselves for art or entertainment purposes (not to mention for work). Over the years, while attempting to create safe spaces for people to express themselves, the Internet has also created barriers to individuals doing just that. The Internet and the laws surrounding exposure therein have become increasingly misogynistic and anti-women’s sexual freedom. The laws encompassing safety on the Internet, as it relates to obscene material, and what constitutes “obscene”, requires an overhaul. Additionally, those who publish, moderate, and perpetuate the dissemination of pornographic images without the consent of the individual in those images need to face repercussions. Similarly, there should not be censorship for those who consensually post themselves in an illicit manner if there is no punishment for those who do so without consent. Women taking control of their bodies, their images, and their autonomy is not just for palpable existence but for all realms of experience. Women deserve to control their image online and off.

In Section II, I will map out the history and background of Section 230 of the Communications Decency Act. This Act safeguards online platforms from liability for third-party content and was created because of the progress technology was making in cyberspace. Section III will discuss the misogynistic relationship between the Internet, women’s rights, and sex workers’ rights. Intimate image abuse encompasses a lot of nonconsensual image posting, whether that be artificially created deepfakes or revenge porn. Women’s rights to do what they want with their own images are being stripped away without appropriate recourse. Additionally, sex workers are unable to create legal and safe content online because platforms fear repercussions. Lastly, Section IV will discuss the need to overhaul Section 230 to provide protection for individuals who are harmed and to remove protections for platforms perpetuating the harm.

Recommended Citation

Bahrenburg, Sarah E. (2026) "Body of Law: When Content Moderation Becomes Gender Oppression and Triggers Legal Consequences," Journal of Race, Gender, and Ethnicity: Vol. 14: Iss. 2, Article 4.
Available at: https://digitalcommons.tourolaw.edu/jrge/vol14/iss2/4