header-logo header-logo

06 May 2015 / Samantha Pegg
Categories: Opinion
printer mail-detail

Flawed law

The new “revenge porn” offence is only a partial solution, says Samantha Pegg

The disclosure of private sexual images, particularly by aggrieved ex-partners, is not a new phenomenon, but their ubiquitous presence on the internet has made it all the more galling for victims. Is the new “revenge porn” offence really the best way of preventing victimisation or is it an easy answer to a complex problem?

As has been recognised by various commentators victims of revenge porn already have civil remedies available to them and disclosing a pornographic image may also be an offence under the Communications Act 2003 or the Malicious Communications Act 1988. Disclosing or threatening to disclose private sexual images can also amount to an offence under the Protection from Harassment Act 1997 where there is a course of conduct. 

The new “revenge porn” offence at s 33 of the Criminal Justice and Courts Act 2015 is actually titled the rather less snappy “disclosing private sexual photographs and films with intent to cause distress” and requires the disclosure of these images to someone

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
back-to-top-scroll