Revenge porn

Lawyers for allegations of revenge porn

Many people are aware of the concept of revenge porn. The typical situation would be an individual uploading or distributing private sexual images of a former partner to get ‘revenge’ for whatever reason.

The increasing use of the internet and smart phones in the last decade saw a rise in this kind of behaviour and so in April 2015 the Criminal Justice and Courts Act (CJCA) 2015 created the specific offence of ‘revenge porn’. It became an offence to ‘disclose private sexual photographs and films; without the permission of the individual who appears in the photograph or film; with intent to cause distress.’

Defendants accused of this kind of behaviour were previously charged under the Malicious Communications Act of 1988 or the Communications Act 2003. However, since CJCA 2015 it is far more likely that those uploading ‘revenge porn’ will be charged under the new law.

‘Revenge porn’ offences are occasionally considered part of a campaign of harassment and so may be charged alongside an offence under the Protection from Harassment Act 1997.

Defences

The CJCA 2015 allows for certain defences for revenge porn which are as follows :

It is a defence if the defendant can prove that he or she reasonably believed that the disclosure was necessary for the purposes of preventing, detecting or investigating crime.
It is a defence if the material is disclosed, in the course of, or with a view to publication of journalistic material and that the defendant reasonably believed that publication is in the public interest.
The defendant also has a defence if they reasonably believed that the photograph or film had previously been disclosed for reward and that the defendant had no reason to believe that the previous disclosure for reward was made without the consent of the individual.

Sentencing

The offence carries a maximum sentence of two years in custody for the most serious cases but can also be punished by way of a fine or a community order.