Modern Dating – Revenge Porn
If someone shares nude or intimate photos that you may have shared with them, without your permission, that could be considered ‘revenge porn’.
As we can see from the above example, the definition of revenge porn can actually be much broader than you may think. To really understand what is and isn’t considered revenge porn we’ll look at what is called a statute.
[HINT] – A statute is a type of law made by parliament. Lawyers often look to this to work out what the law is in a certain area first.
S.33 of the Criminal Justice and Courts Act 2015:
“It is an offence for a person to disclose a private sexual photograph or film if the disclosure is made without the consent of an individual who appears in the photograph or film, and with the intention of causing that individual distress.”
To breach this law, you can get a maximum of two years in prison
IAs we can see from the statute, there are 6 elements we are looking for:
- Disclose – this means to show, i.e. making it available online
- Private – Not intended to be seen by everyone
- Sexual – The image must be of a sexual nature, i.e. a nude photo
- photograph or film – It must be a photo or a film to apply to this law, i.e. a painting wouldn’t fall into this
- without consent – consent means permission, i.e. the person in the nude photo does say it is ok for the photo to be sent
- intention of causing distress – this means making the other person upset, i.e. the photo was shared knowing that it would hurt the other person.
How does this apply to real life situations?
Let’s consider the following example together:
