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

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
back-to-top-scroll