Have you been threatened with Revenge Porn? A proposed New Law will criminalise threats of Revenge Porn

Reputations can be damaged in many ways, but few can be more upsetting than the sharing of sexually explicit images on the internet.  Whilst it is already illegal to actually share such images without the express permission of the subject and with the intention to cause distress, this has been a criminal offence since 2015.  Threatening to share sexually explicit pictures or videos will soon also be made illegal, punishable by imprisonment of up to two years under new government legislation currently going through parliament.  It is widely expected to receive Royal Assent in the spring and pass into law, having broad support amongst MPs. The legislation is one of the key amendments to the Domestic Abuse Bill, aimed at giving greater protection to victims and clamping down on perpetrators.

Since the proliferation of smartphones and a wide range of platforms and the ease of sharing of information online, this relatively new scourge of online revenge porn has brought distress and harm to many, predominantly women. The reputational consequences of revenge porn can be truly devastating and also the psychological effects can seriously impact on an individual.   However, threats to share such images can cause just as much harm and distress as the actual sharing of the content itself. 

Government action on this matter comes on the back of campaigning from the charity Refuge and with the backing of the Victims Commissioner and the Domestic Abuse commissioner  In addition to campaigning charities, high-profile cases of revenge porn have come to light involving individuals with a media profile, one of whom, Love Island star Zara McDermott, decided to share her experiences of being a victim of revenge porn and the devastating effects it caused. With a big following on social media and fronting a new BBC documentary on the subject, Ms. McDermott is sharing how her experiences (one aged14 and one aged 21), committed by a former boyfriend, lead to feelings of self-blame, depression, anxiety and trust issues.  She is encouraging others to speak out about their experiences resulting in an overwhelming response from girls and women who have had the same experiences. 

Refuge’s campaign, ‘The Naked Threat’, found that as many as 1 in 7 women and 1 in 14 of all adults, had been subjected to threats of revenge porn and the Revenge Porn Helpline received an 87% spike in calls last year from adults seeking help. 

The full amendments the Domestic Abuse Bill are as follows:

• New offence of non-fatal strangulation to be introduced as part of ground-breaking legislation.
• Controlling or coercive behaviour offences extended to include abuse where perpetrators and victims no longer live together.
• ‘Revenge porn’ offences widened to cover threats to share intimate images.

These amendments have been welcomed across the board, seeing it as the way forward to protect victims and giving legal clarity to a very serious issue, with Refuge commenting that: “Thousands of women will now have the protection they deserve.” Baroness Morgan commented during the House of Lords debate that: "The police and everyone else needs to know and be clear in their own minds that the making of threats is an offence and should be prosecuted, in the same way as the actual sharing of intimate images was made a crime by this government." 

If you have been a victim of revenge porn or have been threatened with private images of yourself being made public without your consent, Giambone’s expert reputation and privacy team are here to help you. Our lawyers have extensive experience of dealing with such a sensitive area of law with understanding and sympathy.  They can advise you on the steps you can take and in the event of the amendments being passed, what new options are available to you. 

For more information as to how you can deal with threats of revenge porn please click here