Lewis Power KC comments on the laws surrounding revenge porn in The Independent

Lewis Power KC has provided comment in The Independent on the laws surrounding revenge porn, both offline and online, and the steps the courts must take to deter individuals from committing the crime.

Providing clarity on the definition of the crime, Lewis said: “Revenge porn, also known as image based sexual abuse, is the act of sharing intimate pictures or videos of someone either on or offline without their consent, to cause embarrassment and distress. Images may be shared as “revenge”, or threatened to be distributed as a type of blackmail.

“Revenge porn isn’t limited to romantic partners, though. A co-worker, family member, or stranger could also gain access to your private images and share them publicly for a variety of reasons.

“As an offence, it can be punishable by up to two years imprisonment and a fine. In Scotland, offenders face up to five years in jail.”

Lewis went on to detail the laws surrounding revenge porn, commenting: “Classified as a sexual offence in the Criminal Justice and Courts Act 2015, there are three main elements that need to be proven in revenge porn cases. These are the disclosure of a private sexual photograph or film, a lack of consent from the person depicted and the intention of causing that individual distress.

“The law covers explicit media online and offline, so this can include anything posted on social media sites, as well as messages shared in text messages or via platforms such as WhatsApp. The law also covers the sharing of explicit material via email, on a website or distributing physical copies.

“Under the current law, the definition of ‘private’ is any material that would not ordinarily be viewed by the public. At the same time, ‘sexual’ refers to images or videos that expose a person’s genitals or include content that a reasonable individual would consider to be sexual. It’s important to understand that legislation does not require the material in question to contain images of a person engaged in sexual activity and a state of full or partial nudity. If a victim was fully clothed and taking part in a sexual activity, this would still qualify as a criminal offence.”

He further called for the courts to take greater measures to prevent further instances of the crime, saying: “Revenge porn is a dreadful offence that cuts deep into psychological issues which later affect the victim who have to deal with long-term personal issues, such as emotional stress, guilt, paranoia, depression and indeed suicidal thoughts long after these after private images are posted publicly.

“It is therefore vital that the courts impose harsher sentences on such offenders to act as a deterrent to those offenders guilty of such serious and distressing crimes.”

Lewis’ comments were published in The Independent, 15 August 2024.