When is online ‘revenge porn’ illegal?
Posting sexually explicit photos and videos of an ex online is a growing problem, says a committee of peers, who want greater clarity about when it is a criminal offence.
In the digital age, posting explicit photos and videos to any number of websites or social networks is a sure-fire way to humiliate an ex.
But there is growing concern that there is not enough guidance on when someone can be prosecuted for so-called “revenge pornography” under current laws, which pre-date the Facebook generation.
Last week Justice Minister Lord Faulks admitted that the problem was getting bigger and said the government was urgently considering the possibility of new laws to tackle it.
Now a review of the laws on social media crime by the House of Lords communications committee called on the director of public prosecutions to clarify when the practice should lead to a criminal prosecution.
It would be desirable for website operators to explore developing systems capable of preventing harassment, for example by the more effective real-time monitoring of traffic Lord Richard Best
The peers said that current laws, most of which pre-dated social media such as Facebook, Twitter and YouTube, were “generally appropriate” and prosecutions could be brought under the Communications Act 2003, Malicious Communications Act 1988 and the 1997 Protection from Harassment Act.
But they said they would welcome clarification from the director of public prosecutions over when an “indecent communication” could and should be subject to prosecution under the various acts already in place.
Protecting victims
The report also outlined some measures aimed at protecting victims including: better education in schools and at home, no anonymity for offenders, and measures aimed at the social media sites themselves.
The committee, chaired by Lord Richard Best, said: “We encourage website operators further to develop their ability to monitor the use made of their services. In particular, it would be desirable for website operators to explore developing systems capable of preventing harassment, for example by the more effective real-time monitoring of traffic.
“Our inquiry is limited to consideration of the law. It strikes us though that parents and schools have a responsibility generally to educate children: children need to be taught that being horrid online is just as wrong and hurtful as being horrid face to face.”
Lord Faulks has called the practice “cowardly and despicable” and peers called for a clause to be inserted into the Criminal Justice and Courts Bill.
