We hope this Valentine’s Day brings you all the love and happiness you want, and send our good wishes to all. However, if things don’t go according to plan today and you don’t that shiny ring you were expecting, or gift that you thought she would buy for you, remember that a moment of madness can have a huge impact on the rest of your life.
Emma Roberts of Rebian Solicitors looks at the nasty phenomenon sweeping the internet of those scorned seeking revenge following the breakdown of a relationship. “Revenge Porn”!
What is it?
‘Revenge porn’ is a colloquial term used to describe the sharing of private, sexual material, either photos or videos, of another person without their consent with the intent to cause them embarrassment or distress.
What does the offence cover?
Under section 33 of the Criminal Justice and Courts Act 2015 it is a criminal offence to ‘disclose private sexual material if the disclosure is made;
(a) without the consent of the individual who appears, and
(b) with the intention of causing that individual distress’.
The offence applies both online and offline and covers the use of email, text and instant message services such as WhatsApp and Snapchat and social media sites such as Facebook and Twitter.
‘Private’ and ‘sexual’ are defined in section 35 as something that is ‘not of a kind normally seen in public’. Material is defined as ‘sexual’ if:
(a) it shows all or part of an individual’s exposed genitals or pubic area;
(b) it shows something that a reasonable person would consider being sexual because of its nature, or
(c) its content, taken as a whole, is such that a reasonable person would consider it to be sexual.
‘Disclosure’ includes giving, showing or making the material available. Mass publication or putting the image on a social media platform will obviously fall foul of the law but so will showing a friend or colleague if that can be proved.
The age of the participants remains irrelevant and so a young person disclosing a picture of a similarly aged partner to a friend of a similar age will also commit an offence.
How can somebody be a ‘victim’ or a ‘perpetrator’ of revenge porn?
A perpetrator is someone who discloses a without the subject’s consent, i.e. the perpetrator turns it from being private to public, with the intent to cause distress. The victim may have consented to the image creation but will not have consented to being made public.
Surely this is just a problem for naïve teenagers taking selfies in their bedroom?
Mobile phones with cameras are now commonplace and so is the internet. A McAfee study (in the US) found that 98% of people use their phones to take pictures, and 54% send or receive sexual content via video, photo, e-mail or messaging, and that one in ten ex-partners threaten to expose risqué photos online – a threat carried out 60% of the time.
Could someone be in trouble if they receive an unsolicited sexual image?
There are currently no laws against receiving sexual material. However, if you go on to share it you could be breaking the law.
What are the penalties for someone convicted of revenge porn offences?
If found guilty of a revenge porn offence a perpetrator could be given a maximum 2 year custodial sentence and ordered to pay a fine and court costs.
Is there a defence?
There are several statutory defences in section 33 including;
(a) reasonable belief that the sharing was necessary to prevent or investigate crime;
(b) sharing was done as a journalistic endeavour that was in the public interest;
(c) a reasonable belief that the material had previously been disclosed for reward and with the consent of the individual in the materials.
All elements of the offence must be proven, meaning that it must be satisfied that the defendant;
(i) Disclosed;
(ii) private sexual material;
(iii) without the consent of the individual appearing in the material and
(iv) with the intention of causing that individual distress.
If you’ve been a victim of an attack on your privacy, get in touch with us to discuss your options.
