Revenge porn: what is the law in the UK?

Government orders review that could see
victims given automatic anonymity

In Depth

The ministries of justice and culture have asked the Law
Commission to investigate whether legislation
surrounding the non-consensual sharing of intimate images protects
those targeted and has kept pace with technological change,
The Guardian reports. The move
comes “just four years after sharing explicit photos of
ex-partners was made a specific crime by the Tory government”, adds
the Daily Mirror.

Culture Secretary Jeremy Wright said: “We’ve already set out
world-leading plans to put a new duty of care on online platforms
towards their users, overseen by an independent regulator with
teeth.

“This review will ensure that the current law is fit for purpose
as we deliver our commitment to make the UK the safest place to be
online.”

What are the current laws on revenge porn and similar
abuses?

England and Wales introduced a law in 2015 that makes it an
offence to send intimate images without consent, both online and in
the form of printed pictures, with a maximum sentence of two years
in prison. Scotland and Northern Ireland later passing similar
legislation.

The laws were introduced despite some opposition on the grounds
that the offences could be covered by existing laws about blackmail
and obscenity.

Earlier this year, specific legislation was also introduced to
outlaw “upskirting”  – taking sexually intrusive
photographs up someone’s skirt or dress without their permission.
This crime carries a maximum two-year jail sentence as well.

What is not covered by existing leglslation?

UK law currently makes no specific provision for “cyberflashing”
– when people are sent unsolicited sexual images of the perpetrator
– although it could be prosecuted under other laws.

It also fails to cover “deepfake” pornography, where an
individual’s face is superimposed onto pornographic photos or video
footage.

And campaigners say that existing revenge porn laws are
“not fit for purpose”, because they do not make it illegal to
threaten to make intimate images public, the BBC reported in May. Activists are also calling for
victims to receive anonymity.

Why don’t victims already have guaranteed anonymity?

Although UK law makes the sending of intimate images without
consent an offence, it is categorised as a “communications crime” –
which means the identities of victims are not automatically
concealed, as they are in cases of sexual abuse or rape.

Sophie Mortimer of the Revenge Porn Helpline told the BBC that
many women are not coming forward as a result. Mortimer is also
calling for better training for police officers, after
research by the University of Suffolk found that 95% of
police officers who took part in a survey in 2017 had not had any
training on revenge porn legislation.

Maria Miller MP, chair of the Women and Equalities Select
Committee, has welcomed the new review, which is due to report back
in 2021. “We need a specific image-based sexual abuse law to get
rid of the fragmented approach to dealing with these offences which
is currently in place,” Miller said.