First image-based abuse case concludes

The award included £21,600 to pay for the removal of content.

The case, FGX v Gaunt [2023] EWHC 419 (KB), is thought to be the first case of its type to come before the civil courts.

Delivering her judgment, Mrs Justice Thornton criticised the term ‘revenge porn’ to describe Gaunt’s conduct, as it ‘conveys the impression that a victim somehow deserved what happened to them’. She used the term ‘image-based abuse’.

Thornton J said: ‘The expert evidence considers that the likelihood of the images being replicated elsewhere is high. The knowledge that naked images of her are on the internet, available to the public, has caused the claimant to suffer from chronic post-traumatic stress disorder, leading to an enduring personality change.’

Five months after moving in with Gaunt, the claimant discovered a microscopic camera concealed in the bathroom and that Gaunt had filmed her showering, naked in the bathroom and sleeping topless, uploading the images onto a site along with a photo of her face so she could be recognised. She found screenshots of payment platform websites, from which she inferred Gaunt had made money from the images. Gaunt was later convicted of voyeurism and other sexual offences.

Zahra Awaiz-Bilal, senior associate at Bolt Burdon Kemp, said: ‘This landmark case is a long-awaited, positive step in the right direction for survivors of image-based sexual abuse.

‘Having the images removed from the internet is usually at the forefront of survivors’ minds. But not every survivor will have the means to do this. I am therefore particularly pleased that the judge recognised that in this case, by ordering Mr Gaunt to pay the cost of removing the images.’