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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll