Revenge porn now a specific criminal offence

Revenge porn has become a specific criminal offence in England and Wales as the government cracks down on social media users posting intimate photos of former partners without consent.

Those caught sharing explicit pictures and videos on such sites as Facebook, Twitter and Instagram, or those distributing hardcopy versions, could face up to two years in prison under a new law that came into effect today in England and Wales.

The change in the law is being made via an amendment to the Criminal Justice and Courts Bill which has now received Royal Assent.

Individuals have previously been prosecuted for similar offences under the Malicious Communications Act 1988, Communications Act 2003, Protection of Children Act 1978 and the Sexual Offences Act 2003.

Some 149 allegations of crimes involving revenge porn were recorded by eight police forces across England and Wales in the last two-and-a-half years. However, only six allegations ultimately led to a police caution or charge.

Queen Mary University of London's Legal Advice Centre recently announced plans to provide victims of revenge porn with free legal advice. A team of trained student advisors at the centre, under the supervision of lawyers from Mishcon de Reya, will be on-hand to advise on what has become a 'pernicious and challenging issue'.

Emma Woollcott, a reputation protection lawyer at Mishcon de Reya, told SJ that the new law will have a deterrent effect on those considering posting intimate pictures online.

"The fact that revenge porn has received special attention in the Criminal Justice and Courts Bill speaks volumes about the determination of lawmakers to deal with this malignant and difficult issue," said Woocott.

"Existing criminal and civil laws will continue to be used to trace and tackle those who abuse the trust of former partners, and this new offence should act as an additional and powerful deterrent."

Also, the Ministry of Justice is launching a campaign to raise awareness about the new law.

Justice minister, Shailesh Vara, said: "Revenge porn is humiliating and distressing for the victim. We want to make it clear to victims that we take this issue very seriously and will not stand for this malicious betrayal of trust.

"The new offence will make prosecutions more effective and leave those convicted of it facing a possible prison sentence. But the real goal is to end revenge porn and our campaign is aimed at raising awareness of the new offence, in order to deter offenders from sharing private intimate photographs and films so we can stop this worrying trend."

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