Last summer we reported on the then new crime of 'revenge
porn' under the Criminal Justice and Courts Act 2015. A year
on, and the CPS has today released figures showing the extent of
its successes in tackling the growing phenomena of bullying and
humiliating online abuse.
With the proliferation of revenge attacks on former sexual
partners through the posting online of intimate images without
consent, the new offence sought to deal head on with the problem by
way of a specific new offence. It is unlawful for a person to
'disclose a private sexual photograph or film [not of a
kind ordinarily seen in public] ... without the consent of an
individual... with the intention of causing that individual
In our previous blog we commented that the new law looked likely
to offer victims of revenge porn a neater route to successful
prosecution of their iPhone/camera wielding ex'. And
indeed, the CPS figures show that in the year 2015/16 ending March,
there were just over 200 prosecutions for the offence. (The figures
also show the sad state of what we would like to consider to be our
fair and caring society, where more than one fifth of the CPS
workload is in dealing with sexual crimes.)
206 prosecutions for revenge porn over the relevant period shows
that crimes are being reported and prosecuted – but the
figures do not indicate the success levels in these prosecutions.
Further, these figures are likely to be the tip of the iceberg for
such offences, with many no doubt going unreported for fear by the
victims that they could thereby be under even more threat from
The Internet can be a great force for good, providing all of us
with access to a universe of information; but is in particular used
by our young people who are most familiar with the internet and its
plethora of ways to educate, inform and entertain themselves and
each other, and to progress in a fast moving world. But the easy
access internet also allows those intent on ill, to use its
services to humiliate and embarrass others, lashing out at their
former partners deliberately and maliciously or in a moment of
madness when the green-eyed monster of jealousy comes to call.
And it seems to me, anecdotally from my own professional
experience, that many more people besides are threatened with
exposure by fleeting partners and one-night stands in a similar
way, who are taking photographs of sexual partners – usually
without their consent or knowledge during moments when they are
intoxicated by passion or alcohol – and blackmailing the
victim against the threat of exposing those images to wives,
children and work colleagues.
Educating the public that the law has been updated to deal with
offences of this kind is a step in the right direction. As is
giving confidence to the public that they will be dealt with, with
tact and concern by the police. But it is a sad reality that the
majority of these offences are not reported out of embarrassment or
fear of reprisals.
A sexual encounter is the most natural thing in the world;
seeing it plastered across the Internet, is not. Peer pressure is a
dangerous thing, especially for those most likely to be at risk,
our young people. We need to educate our younger generation –
a large proportion of whom spend their entire lives online –
that a sexual liaison doesn't have to be filmed, and that they
don't need to send a picture of their privates to their
boy/girlfriend. There is a specific new offence; the offence is
being reported; and the CPS are prosecuting these cases as the
figures show. But our first line of defence against these crimes
is, in fact, and must remain, ourselves.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
The fourth and final part of our mini-series on the draft ICO guidance on Consent, published on 2 March 2017, focuses on the practical impact the GDPR (General Data Protection Regulation) will have on how your organisation records and manages consent.
In light of the much anticipated ICO draft GDPR (the General Data Protection Regulation) Consent Guidance being published yesterday, 2 March 2017, we will be running a mini-series on the guidelines under consultation and the impact the GDPR will have on the much vexed position of consent and the impact on your business.
The first of our four discussions on the ICO guidelines for Consent will focus on the meaning of consent under the GDPR (General Data Protection Regulation) and how this change enhances the previous law on consent to data processing.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).