For example: a man records a video of his girlfriend performing a solo sex act. Before the recording, they discussed the matter via text and it was clear from the written record that the video was only for their own use and would never be shared with anyone else. Later, he uploads the video to PornHub, in direct contravention of her wishes and their previous understanding.

Should there be consequences?

As another commenter examined, that sounds like a contract violation and would already incur a civil fine. In such a case one would have to prove at least three elements:

* that there was an oral or written contract

* that said contract was made by two informed and sober parties

* that one party uploaded the video to Pornhub against the wishes of the other and not anyone else.

Well, although civil suits are an utterly inadequate stratagem given the scope of the problem (which includes millions of victims who are not practially in a position to pursue and win a suit), at least it's something.

Criminalizing speech would not solve the issue. The example you cite involves two private parties engaged in a contractual dispute. There are millions of those every week. Barring the involvement of criminal behavior such as theft or extortion, a civil court is the only forum to adjudicate these matters.

The point of a court, criminal or civil, is not to invent legislation favorable to the most sympathetic party. The point is to interpret the law within the constraints it was written under.

As a practical matter, throwing the matter to civil court ensures a vast epidemic of revenge porn. There are a lot of people who don't think that's a big deal. But there are also a lot of people who do: 46 US states have have passed laws criminalizing revenge porn. There are lots of problems which are theoretically resolvable by civil courts but where the results would be too inefficient or incomplete and so criminal statutes have been passed. Criminal legislation to stem revenge porn is happening, even if you would rather it not.

"Revenge porn" laws have been on the books for about a decade or so and haven't slowed it down at all. In fact, all they've done is push it further underground. The only practical effect has been on the media of distribution, not if or to what degree "revenge porn" is distributed. That most legislatures across the country favor over-broad criminalization does not make your claim meaningfully representative of the people who are subject to these laws or of the courts who will ultimately adjudicate the issue. Every case is tried on its own merits, not ones prescribed by popularity or mere practicality.

> In fact, all they've done is push it further underground.

Deplatforming revenge porn is a win. Having less revenge porn on PornHub is a win.

You're welcome to disagree, just as advocates for Voat, Parler, etc. would — and as companies such as Manwin who would prefer to exploit the victims of revenge porn for profit would.

> Every case is tried on its own merits

The vast majority of civil cases don't even become cases let alone get tried on their merits. For a huge swath of the population who do not have the expertise, the resources, the time, or the life circumstances to obtain a lawyer and pursue a case, civil courts are not practically accessible. In contrast, while reporting to criminal authorities has all kinds of issues including that those authorities may be unsympathetic, the criminal system at least does not place such outrageous demands on those who report a crime.

Holding civil court aloft as a sufficient remedy for revenge porn may not be disingenuous if you actually think that a typical victim could sue, but it's wildly unreasonable.

> Deplatforming revenge porn is a win. Having less revenge porn on PornHub is win.

PornHub didn't deplatform "revenge porn". It nuked more than half of its vast library of legal content under outside pressure and questionable allegations of hosting what may or may not have been "revenge porn". Even when there has never been a law in Canada that has defined in any way, shape, or form what "revenge porn" is. Millions of videos became martyrs for a cause of dubious effectiveness and even more dubious reasoning. On a practical level, the indiscriminate purge of content did nothing but punish innocent users. If you think that substituting due process with such massive collateral damage is a "win", then one cannot conclude your opinion to be reasonable at all.

> The vast majority of civil cases don't even become cases let alone get tried on their merits

For vast majority of cases, civil and criminal, filings fail to pass muster for multiple reasons. Common ones are Failure to Make a Claim or Lack of Subject Matter Jurisdiction among other legal errors. Many claimants have a chance of refiling, however legal standards shouldn't be lowered on grounds of sympathy based upon hitherto unsubstantiated claims. That only encourages witch hunts and fallacious charges.

Sounds like a contract violation to me under current law.