Revenge Porn Part I - it is illegal!

Taking sexy selfies or intimate videos of ourselves is not new.  When couples bought handheld camcorders in the 1970s or Polaroid cameras in the 1980s they were using them for their own private moments as well as to record family holidays.  In the late 20^th century, if that private video or picture was discovered by the wrong person then it probably did not reach more than a dozen people.

Nowadays, some of us take provocative selfies or film intimate couple moments on our smart devices.  However when things go sour in a relationship some will use this private material to seek revenge; and when these are shared with the wrong person it will reach tens of thousands instantly, across the globe.  The person who distributes this does it to get their own back on the person who dumped them.  This is revenge porn.  In the 21^st century the internet makes our private life public in seconds.

What is revenge porn?

Revenge porn is the publication of explicit material of someone who has not consented for the image or video to be shared.  Often it is the man who shares images or videos of their ex-female partner with their mates across social media or instant messaging, or to strangers directly via porn sites.

Uploading explicit material without the consent of the other person is legally classed as violence and harassment and an offence.  Criminal law makes it illegal to disclose a "private sexual photograph or film" without the consent of the person depicted in the content, and with the intent to cause the victim distress.

In England and Wales, Police and Prosecutors are keen to take these cases.  If you are the perpetrator you are likely to be sentenced to a minimum of 2 years, plus a fine, and incur large legal costs; as well as, reputational damage, future career restrictions, and future partners will not trust you.

The law also states that if a third party (e.g. an acquaintance) receives revenge porn and shares them to others the acquaintance will also be charged for distributing sexual images without the consent of the owner.  Simple rule: if you get an image like this, delete it and do not forward.

What motivates someone to upload revenge porn?

Feelings of vengefulness over a break-up is a popular reason.  Some people take break-ups badly and use images to try to control the victim, whether this is to get them to rekindle their relationship or to make their future a misery.  Some have also tried to use the images to blackmail and extort money from the victim and their family.

What is the effect of revenge porn on the victim?

Simply put: violated.

The perpetrator often tags the victims bio-data with the material so strangers can find out who the person is.  This often results in the victim being contacted directly by strangers and results in psychological harm.

The victim is often blamed for letting the pictures be taken in the first place and suffer psychological distress and damage to relationships with friends and family.  It should be noted that at the time the material was filmed a relationship existed.

What are websites doing about revenge porn?

Many social media sites have rules that forbid users from posting intimate images taken or distributed without the subject’s consent.  Once notified by a user of revenge porn, the major social media players will take down postings, and close the account of the user who posted naked images or videos of someone without their permission.  Imagine trying to explain to your friends why you are not on Facebook: "Facebook closed my account because I uploaded revenge porn..."

If you find a video or photo of yourself out there, contact the website administrator and tell them it was posted without permission and they will remove it.

Conclusion

Revenge porn is personal and emotionally damaging and serves to only degrade the victim, who are predominantly women.

If you do share or leak images, it could come back and haunt you in the future.  There have been numerous cases of individuals in senior positions in organisations who have been forced to resign or public role models who have had their career and livelihood severely impacted because saucy images or videos or themselves which was taken many years ago have been found on the web.

If you have a friend your group who is the type of person to share images of their current or former partner, tell them to stop.  If you do not and it is proven you was aware your friend was circulating offensive material you are likely to be prosecuted also.

It is an offensive.  Under Criminal Law, the Communications Act and Protection Against Harassment Act prevents the distribution of obscene and indecent images against the consent of the victim.  Additionally, as an individual you can be sued under civil law for Breach of Privacy and Confidence under UK and EU legislation under Civil Law.