If someone shares intimate photos or video content of another individual on the internet without their consent, it’s considered a crime in England. This is called revenge porn.

According to section 33 of the Criminal Justice and Courts Act 2015, any individual that partakes in this Act is subject to a criminal offence in England and Wales.

Revenge porn became a sexual offence in 2015 after the peak of the digital age. If you’re accused of sharing private sexual photos with the intent to cause distress, it can result in a sentence of up to two years in prison.

The revenge porn law was a response to the technology we’ve all grown accustomed to. With the rise of mobile phones, laptops, and other technology comes the risk of revenge porn.

The UK criminal courts take a stern approach to revenge porn cases. Whether you’re a victim of sharing explicit content or being accused of revenge porn: You’ll want to know the ins and outs of the law.

If you’re unfamiliar with revenge porn or how the law works in England, here’s everything you need to know.

What is Revenge Porn?

Revenge porn is the distribution of private and personal explicit images or videos of an individual without their consent.

These photos or videos are shared with the intent of causing them embarrassment and distress. Revenge porn is commonly understood as a malicious attack to shame ex-partners trying to cause harm to their reputations.

Sharing intimate images without consent is considered sexual and psychological abuse. Individuals that are victims of revenge porn crimes deal with workplace discrimination, cyber-stalking, and physical attacks. Over time, it can negatively impact their livelihood and quality of life.

Revenge porn is a growing social problem. Technology has made the sharing of explicit material more accessible than ever before. Even with resources for victims and ongoing changes to the law themselves: revenge porn cases are still growing.

A background on revenge porn in the UK

In 2015, revenge porn was made a specific offence in the Criminal Justice and Courts Act.

The offence in section 33 of the Criminal Justice and Courts Act 2015 is commonly referred to as the revenge porn offence.

This law was created to punish those who share and disclose private sexual images and videos of individuals who have not consented.

It’s important to note that disclosing sexual images is covered by other offences, including harassment, stalking, malicious communications, and blackmail. It can also be covered by section 76 of the Serious Crime Act 2015 for the coercive behaviour offence.

These guidelines were reviewed and updated from 26 February 2021 to 27 May 2021, when the Law Commission reviewed their Review of Abusive and Offensive Online Communications. During this time, they examined the laws relating to the non-consensual taking, making, and sharing of intimate images.

Lawmakers have noted that the current law doesn’t necessarily protect every individual. This area of law is still under review, and revenge porn laws vary by country. In 2015, the Criminal Justice and Courts Act 2015 received Royal Assent. In 2019, the law commission decided to review the law to consider providing victims with the same level of protection as other sexual offences.

This is because, before 2019, the crime was categorised as a communications crime, not a sexual offence. This meant individuals aren’t protected in any way by the law. Victims can be negatively impacted without a certain level of anonymity, which is why the courts decided to review the law.

Before 2019, 1 in every three revenge porn charges was dropped. 2,813 cases out of 7,806, victims chose not to support any charges.

This was likely due to not needing protection to go through these cases. Without protection, individuals are at risk of public humiliation and discrimination in the workplace.

The rise of modern-day revenge porn

Modern-day revenge porn became an issue in 2010, when Is Anyone Up? was created. This is one of the first websites to exclusively host explicit sexual material.

The website featured thousands of sexual and private images of men and women without consent. Along with that, they also included links to their social media profiles and welcomed derogatory comments.

The American founder, Hunter Moore, claimed he made the website so that his friends see photos of the women they were sleeping with and get back at their ex-girlfriends. Victims that asked for their photos to be taken down were ignored. Explicit images of the victims were never taken down. Hunter Moore quickly became what most called ‘the most hated man on the internet.

The photos posted on the site were posted maliciously with the intent to cause distress to their ex-partners. Other content was stolen and often included personal details like names, addresses, and phone numbers.

In 2014, Hunter Moore pleaded guilty to aggravated identity theft and abetting unauthorised access to a computer. He was later released from jail in March 2017.

The creation of Is Anyone Up? is an example of how unprepared the world was to deal with the potential threat of revenge porn. The growing popularity of technology and access to explicit content is why revenge porn laws were set in place. These laws are designed to help individuals get the support they need and remove private sexual images from the internet.

What is the law on revenge porn in England?

There are three vital aspects of this law. All three components must be proven in court to be considered revenge porn under Section 33.

These include

• Sharing of a private sexual image or video
• The victim did not give consent
• The intention of sharing the videos was to cause distress to that individual

To fall within the offence: a photo or video is required to be private and sexual. This may include a photograph or video of exposed genitals, engaging in sexual behaviour, or someone posing in a sexually provocative way. None of the photos can be of any ordinary or easily seen in public.

It’s important to note that under this law, the definition of private is any type of content that the public would not typically view.

The definition of sexual refers to images or videos that expose the genitals or contain content that a reasonable individual would consider sexual.

The distribution of the images refers to all forms of sharing. This includes websites, social media platforms, and offline with physical copies. Of course, technology plays a role in the distribution factor, and most photos and videos are shared digitally.

The revenge porn law does not require that explicit photos and videos contain both images of a person engaged in sexual activity and in a state of full or partial nudity. Even if the victim has clothes on, these images and videos would still qualify as a criminal offence under the revenge porn legislation.

It’s also important to note that for something to constitute revenge porn, it needs to be proven that the sexual images were being shared to cause individual distress.

This is a crucial component of the law. The perpetrator’s intent to cause distress needs to be proven in court. In many cases, it is more evident that the distribution of the images and video was to humiliate or distress an individual. However, not every perpetrator is motivated by revenge, so the term can be misleading.

Section 33(1) states:

It is an offence for a person to disclose a private sexual photograph or film if the disclosure is made:

(a) without the consent of an individual who appears in the photograph or film and

(b) with the intention of causing that individual distress.

What does the intention to cause distress mean?

Intent to cause distress means you’ll need to prove the perpetrator was trying to cause distress or had malicious intent when they leaked the private sexual images. In most cases, this is easy to prove since the victim, and the perpetrator usually know each other on some level.

How is revenge porn committed?

Revenge porn is committed by unrightfully sharing sexual images and videos of someone without their consent. This content is typically shared on social media platforms or other websites: with malicious intent. However, printed material can also be considered revenge porn.

What if the victim of revenge porn is under the age of 16?

If the victim is under 18, the explicit materials are considered child pornography. You wouldn’t need to prove intent to cause distress. In most cases, it doesn’t matter if the victim gives consent. This is protected by the Protection of Children Act 1978 and the Criminal Justice Act 1988.

How does revenge porn affect victims?

Revenge porn can cause emotional turmoil and distress for the victims. This distress can cause anger, guilt, depression, and other unwanted emotions. Victims often feel isolated and struggle with making connections in their personal relationships after going through a case of revenge porn.

Revenge porn can cause them to feel violated and vulnerable. The adverse mental health consequences outweigh the consequences of sharing the images. The victims will always have to live with it, and they need to learn how to combat the negative emotions that come with these types of cases. If you’re a victim of revenge porn, there are helplines and resources you can count on to get the support you need.

What changes were made to the law regarding revenge porn in 2021?

After years of campaigning done by charities and other nonprofits, the courts adjusted the law. Revenge porn has been illegal since 2015. However, before 2021 it wasn’t unlawful to threaten to share sexual photos and videos. If someone threatens to share sexual content, they can face up to two years in prison.

Why was the revenge porn law created in England?

Technology has dramatically changed the dynamic. Individuals can easily share and post sexual content on the internet within seconds. This law was set to combat this growing problem in the community and help slow the risk of sharing private sexual photos and videos.

In this digital age, sharing intimate sexual photos and videos has become somewhat of the norm. Younger generations have grown accustomed to sharing sexual and sensual photos with their partners. This is commonly referred to as sexting or sending nudes. However, if an individual decides to use these images to cause someone distress or with malicious intent, they can be subject to two years in prison.

There’s a fine line between legal and illegal. If an individual decides to cross that line, there are severe consequences.

According to a Crown Prosecution Service Report, after the law went into effect, there were over 206 revenge porn-related prosecutions in 2016 alone. This number continues to grow every year. In 2021, there were over 4406.

What Defences are listed in the Criminal Justice Court Act regarding revenge porn?

The Criminal Justice Court Act lists various defences.

These include

• If the content is disclosed with a view to publication of journalistic material or the defendant reasonably believed that publication was in the public interest.
• If the defendant reasonably believed that the photos or video content had previously been disclosed for reward and the defendant didn’t have a reason to believe that the previous disclosure for reward was made without consent.
• If the defendant can prove that he or she reasonably believed that the disclosure was necessary for preventing, detecting, or investigating a crime.

What sentence could someone receive for a revenge porn charge?

If you’re facing a revenge porn charge, you could face up to two years of imprisonment.

If you’re accused or a victim of revenge porn, you’ll want to seek expert legal advice from a professional immediately. Revenge porn is a serious offence, and you can face severe consequences that negatively impact your livelihood.

These cases aren’t taken lightly in the criminal courts. Courts view revenge porn and sharing intimate content without consent as serious offences. The sentencing will be determined based on the type of material, where it was published, and how intimate the content is.

While under investigation, the police will work with the Crown Prosecution Service to take the prosecution case.

Stats on revenge porn

In 2021, the Revenge Porn Helpline released cases, and trends report for 2021. Their findings showed a 40% increase in revenge porn cases from 2020 to 2021. The number of cases rose from 3146 to 4406.

Their report also showed there’s 60 times more revenge porn content of females documented than males.

In 80% of the cases reported, the perpetrator is someone the suspect knows. While 60% of the cases are a previous or current partner. These trends can help us understand the types of cases that are commonly taken to court and pursued.

However, it’s also important to note that victims drop a third of revenge porn cases.

Be Aware B4 You Share Campaign

Be Aware B4 You Share is a national campaign launched by the Ministry of Justice in 2015. Their goal is to spread awareness about the potential impact of revenge porn. They encourage victims to report crimes to the police and discourage individuals from sharing any type of explicit images without consent.

They set up a hotline for victims of revenge porn to reach out to seek advice. The Revenge Porn Helpline was established in 2015 when the legislation made it an offence to share private sexual photos and videos, either on or offline, without their consent to cause distress.

Their goal is to stop revenge porn, spread awareness, and prevent this trend from affecting individuals. Revenge Porn Hotline is open from 10:00 to 16:00, Monday to Friday (excluding bank holidays). The service supports adults over the age of 18 who are experiencing intimate image abuse.

They provide confidential advice and guidance on reporting violations to social media platforms and crimes to the police. They can also help with removing content and signposting towards legal advice.

They also have guides, resources, leaflets, and advice columns readily available on their site if you aren’t ready to contact them.

What about sexting? Does this class as revenge porn?

Sexting is not a legally recognised term. Even though it’s widely used in academia and the media.

This is sometimes referred to as “sending nudes” and is not illegal when sexual photos or videos are shared between two consenting adults.

However, the continued rise and accessibility of explicit content have made criminal offences more prevalent in the community.

In fact, many revenge porn cases start with sexting and sending nudes. Many of the victims in the earliest cases were ex-partners or women who did not consent to their photos and videos being shared publicly.

This means if the images from sexting were publicly posted on the internet, the court would consider this revenge porn, and it would fall under the Criminal Justice Act 2015 Section 33.

If either individual is under the age of 18 years, this would fall under section 1 of the Protection of Children Act 1978.

What is Sextortion? Is it the same as revenge porn?

Sextortion is a type of cyber extortion. It involves sharing sexual information, images, and video content. Typically, it’s done to get money from you. Criminals will taunt you and trick you into thinking that they have sexual content they will leak during the interview if you don’t give them a certain amount of money. More often than not, these images don’t actually exist.

Sextortion commonly happens when an individual is in front of a webcam. An individual will take their clothes off under the impression that this is a private sexual experience. The other person will record the activity and threaten the victim by giving them money.

Unlike revenge porn, sextortion usually involves a threat or a demand for money. In some instances, sextortion can lead to revenge porn. Other times it does not.

Sextortion is considered a type of blackmail and is prosecutable under section 21 of the Theft Act 1968.

Other Pornography Laws in England

Upskirting

Upskirting is when someone uses a phone or camera to take photos of someone’s genitals, buttocks, or underwear underneath their clothing. The Voyeurism Act 2019 act went into effect in April 2019. It makes upskirting a criminal offence. Perpetrators can face up to two years in prison.

Harassment and Stalking

There are several types of stalking and harassment the courts consider. These include: damaging someone’s property, text messages, emails, treats, standing outside their house, or following them. There are a few harassment and stalking laws in place in England and Wales.

These include

• Protection from Harassment Act 1997: Which prohibits actions that cause someone fear on more than one occasion.
• Malicious Communications Act 1988: Sending offensive messages, threats, or other information to cause distress to the recipient is prohibited. This is typically used for emails and other private forms of communication.
• Communications Act 2003: Prohibits highly offensive communication through public sharing sites.

All of these laws consider harassment and stalking severe offences.

Blackmail and Sextortion

If the accused threatens to reveal intimate images for money, this is considered blackmail or sextortion. Under the Theft Act 1968, individuals are prohibited from making unwarranted demands to get something for money or other things of value.

Privacy Violations

Sharing private information and photos for personal advantage is illegal under the Data Protection Act 2018. This law refers to sexual and intimate images as sensitive personal data.

Defamation

Defamation is when you say a false statement intended to hurt someone’s reputation. The Defamation act of 2013 made sharing incorrect information to cause harm to an individual prohibited. With non-consensual pornography, defamation isn’t commonly used because the images are authentic, and there aren’t necessarily any false claims.

Copyright Infringement

When you create original work, you get copyright protection. This includes the protection of artwork, photos, videos, writing, and explicit material. With the Copyright, Designs and Patents Act 1988, you have legal copyrights to any intimate images you take. This is because you are technically the “author” of the photograph. With this law, you can provide a takedown notice to any website hosting your content.

If you are looking for a revenge porn solicitor, we can help.

The Adley Gray Criminal Law team is here to help you with a revenge porn claim. Our team wants to help you get the legal support you need. We understand that revenge porn cases can cause unwanted mental distress and leave you feeling.

We are always happy to talk to you about any legal concerns you may have regarding criminal law matters. Contact our experts today to learn more.

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20 September 2022