Revenge Porn

The government of the Peoples' Republic of California has just enacted another nasty law to limit the freedom of speech; Gov. Brown signed a prohibition against “Revenge Porn.”
 
Suppose you like a lover so much that you send him (or her) a nude photo of yourself. Then later the two of you break up, and in a fit of peek he (or she) publishes the photo on the Net, for the satisfaction of revenge. The CA prohibition would penalize the publication.
 
It's a vicious thing to do, for sure, but Karen de Coster argues that it should not be illegal. She's right, but then nothing should be illegal, and in the coming free society nothing will be illegal. Why not? - there won't be any government, so there won't be any laws.
 
However the victim of such spite might have a recourse, in that free society – and possibly even in the present one. She (or he) could sue; on the grounds that when sending the lover the nudie pic she did not accompany it with permission to publish to all and sundry; that it was intended and understood to be for his exclusive use, given that the two of them were enjoying an exclusive relationship.
 
I don't know whether that argument would prevail, and damages be granted. But at least the matter could be adjudicated, without the monstrous interference of government. And of course with restitution if it did, instead of retribution.