Free legal advice for victims of 'revenge porn'

Victims of revenge porn can apply for free legal advice through a new service offered by Queen Mary University of London (QMUL).

Those who have had explicit pictures and videos of themselves posted on the internet will receive legal advice from a team of trained student advisors at QMUL's Legal Advice Centre, who will be under the supervision of lawyers from Mishcon de Reya.

According to Julie Pinborough, director of QMUL's Legal Advice Centre, revenge porn is a "disturbing and rapidly growing phenomenon".

"While the alleged number of offences - 149 - is relatively small, we know that many victims never come forward. Stigma is definitely an issue; people often feel embarrassed, afraid and powerless," she said.

Victims seeking redress for revenge porn face a number of complex and potentially expensive legal challenges. A civil claim based on breach of confidence or copyright is possible, but the claimant is required to pay the legal costs in the hope these will be refunded following a successful legal case.

"The civil route involves a substantial upfront financial investment and significant risk for the victim," added Pinborough. "Even when successful, it's difficult to quantify an appropriate award of damages. How much for your reputation, your privacy, and your well-being?"

'Playing catch-up'

The Crown Prosecution Service can bring charges against those who publish private information online, but a prosecution of such offences is considered by some to be outdated and in need of improvement. The criminal law is currently undergoing a series of reforms following a proliferation of revenge porn cases.

"Our criminal law system is currently playing 'catch-up' in an effort to deal with this relatively new problem. As it stands, prosecutors must rely on legislation that is either outdated or designed for another purpose. While there have been successful prosecutions, there is a need for reform and we very much welcome the fact that revenge porn will be made a specific offence in the Criminal Justice and Courts Bill," said Pinborough.

The government has looked carefully at the concerns raised by campaigners and parliamentarians about the uploading or sharing of revenge pornography and have incorporated a new offence into the Criminal Justice and Courts Bill, which will carry a maximum penalty of two years imprisonment.

Commenting on the new offence, the justice secretary Chris Grayling said: "The fact that there are individuals who are cruelly distributing intimate pictures of their former partners without their consent is almost beyond belief.

"We want those who fall victim to this type of disgusting behaviour to know that we are on their side and will do everything we can to bring offenders to justice. That is why we will change the law and make it absolutely clear to those who act in this way that they could face prison."

However, Dr Ian Walden, professor of Information and Communications Law in the School of Law at Queen Mary, commented: "The success of the new offence will also depend in large part on the attitude of the police and prosecuting authorities, who have recently faced an ever expanding number of social media related criminal cases, putting pressure of existing resources."

'Lending support'

The free legal advice service is to be supported by lawyers at Mishcon de Reya, who have previously worked with QMUL's Pink Law project, a specialist legal advice centre for gay, lesbian, bisexual and trans people.

Emma Woollcott, a reputation protection lawyer at Mishcon de Reya, said: "Revenge porn is a pernicious and challenging issue, which must be dealt with sensitively but robustly. Mishcon de Reya is very pleased to lend its support, experience and expertise to QMUL."

Pinborough has urged those affected by revenge porn to contact the Legal Advice Centre at QMUL for "sensitive, expert, and free legal advice on how best to proceed".

"If you've been affected, please don't suffer in silence or feel that you're alone. We understand that these incidents can really throw your life off course, but there are legal supports and services to help you take control and get back on track."

John van der Luit-Drummond is legal reporter for Solicitors Journal