The amount of revenge porn issues I deal with staggers me. The scenario is generally this: While the relationship was going well, the couple may have exchanged private photos and videos. Then, out of spite, a guy tries to bully his ex by sharing and/or posting sex videos or photographs of her – for the sole purpose of humiliating the girl who dared to dump him.
While there is no specific law against revenge porn (yet), something can be done. What can be done to take it down and get justice will depend on the specific circumstances of a case.
Civil remedies such as an injunction requiring a website to take revenge porn down may be a way forward. In AMP v Persons Unknown, a woman who had private photographs of her and her boyfriend on her mobile lost her phone. A man contacted her on Facebook about the photographs – and images of her from her mobile were later uploaded to a Swedish website. The judge in that case granted an injunction prohibiting downloading of those files – stating that her right to privacy had been violated. These principles can be applied to the ex, the website owner as well as to anybody who has the images in their possession or control. Depending on the circumstances, this may also stop website owners effectively extorting cash from victims as a “fee” to take down the images.
Thomas Samuel uploaded numerous compromising images of his ex to Facebook and was convicted for sending a “communication” contrary to the Criminal law.
When I’m asked for advice, I also consider whether the laws against Blackmail, Harassment and Hacking may also apply.
If you’re a victim of revenge porn you may be the victim of a crime. If the police can’t or won’t help, there may be other remedies available.
NB
This post is from 2014. Please note that the law has changed since the time of writing.