Guidance published on ‘revenge porn’ offence

The Criminal Justice and Courts Bill creates a new criminal offence of ‘Revenge Porn’. Those found guilty, can be sentenced to up to 2 years in prison and a fine.

Revenge Porn

The Criminal Justice and Courts Bill creates a new criminal offence of ‘Revenge Porn’. Those found guilty, can be sentenced to up to 2 years in prison and a fine. To assist in understanding the new offence the Ministry of Justice has published Revenge Porn: the facts.

Revenge Porn is the sharing of private, sexual materials, either photos or videos, of another person, without their consent and with the purpose of causing embarrassment or distress, which includes the uploading of images on the internet, sharing by text and e-mail, or showing someone a physical or electronic image. The Ministry of Justice is also launching a campaign aimed at raising awareness of the new legislation with the aim of:

(i) making it clear to potential perpetrators that sharing explicit images, without consent, is not only unacceptable, but it is a crime and will be prosecuted

(ii) discouraging those thinking that sharing explicit images is a bit of fun by emphasising the impact that the sharing of private sexual images can have on a victim 

(iii) advising victims to report the crime to the police. Employers are advised to read the fact sheet and be prepared to amend their anti-harassment and bullying policies appropriately.

Content Note

The aim is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out full details of all the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided contact us for further information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

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