In a world where we love tags and buzz words – ‘Revenge Porn’ is one of the newest ones.
Revenge Porn is the description given to the posting of explicit material (often sexual) online, by jilted lovers, as ‘revenge’ for the ending of their relationship. This should not be shrugged off as a domestic argument or a silly concern: this is serious unlawful behaviour and its regularity has increased recently. This is such a worrying trend that charities such as the National Stalking Helpline, Women's Aid and the UK Safer Internet Centre have issued warnings as to the regularity of such behaviour.
The recent case of Anisha Vorin saw her ex-boyfriend jailed for six months for posting revenge porn online, which went as far as putting her phone number and address on the internet for all and sundry to see. This coupled with the fact that private explicit pictures of her, that were taken during the subsistence of her relationship, were also posted online makes it clear as to how serious this issue can be.
As mentioned, this is not something to be shrugged off. This is serious. Material that is shared during a relationship between couples is private, both parties have a reasonable expectation of this privacy which subsists even after the relationship may have come to an end – this is the legal right given to each person under their right to privacy as enshrined under Article 8 of the Human Rights Act. Being in a relationship with someone does not eliminate this right.On this basis revenge porn is unlawful in so far as it can denote a serious breach of privacy and therefore give a legal cause of action for breach of Article 8. There is no difference between matters of revenge porn and for example the action taken by Tulisa to remove the posting of a private sex video made by her and MC Ultra. Both are legal claims under Article 8 breach of privacy, and therefore this should give some comfort to persons that find themselves the victims of revenge porn – we at Pinder Reaux can and will help protect your privacy from attempts at revenge by ex - lovers.
Head of Internet, Media and Sports Law