Aiding and abetting liability for social media platforms in relation to ‘image-based sexual abuse’ a way around Article 14 (1) of EU Directive 2000/31?

Image-based sexual abuse (I-BSA), also known as ‘revenge pornography’, has a grave impact on its victims and can lead to feelings of fear, shame, humiliation, anger, sadness and depression, and in some cases even to suicide. There is thus every reason to have a robust investigative and prosecutorial policy in place to effectively deal with such cases. In the Netherlands, a new provision in the Dutch Penal Code, Article 139h, was inserted quite recently to better encapsulate the conduct of I-BSA, justified by the need for a focused penal provision on I-BSA on the basis of a need for a uniform framework, to do justice to victims and to send a strong signal to potential wrongdoers. Could social media platforms be held liable for aiding and abetting I-BSA?