header-logo header-logo

17 July 2014 / Tim Lawson-Cruttenden
Issue: 7615 / Categories: Opinion
printer mail-detail

Policing the internet

speakers_corner_lawsoncruttenden

Tim Lawson-Cruttenden examines the legal framework available to protect the victims of revenge pornography

Former culture secretary Maria Miller recently declared that the “existing legal framework does not provide” protection against the posting of revenge pornography on the internet. Ms Miller is not a practising lawyer. This is another example of a senior politician making a forceful statement tainted by inaccuracy.

Revenge pornography is generally posted on the internet by a former and vengeful lover. Difficulties arise when these are transferred, by anonymous individuals onto numerous web sites. This makes actions to remove the material and obtain redress in damages a complex and difficult exercise.

Any person seeking redress for revenge pornography, involving complete removal of intimate material, must consider the respective legal positions of:

  1. Information society service providers (ISSPs) (a defined term) on whose websites this material is published.
  2. Offenders who post tortious or unlawful material on the internet.
  3. Victims who seek redress for, and the removal of, such material.

ISSPs

ISSPs are conditionally exempt from liability for material posted on sites

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

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll