‘Revenge porn’ law comes into force south of the border today
People in England and Wales who upload sexually explicit media to the internet without consent could be jailed for up to two years from today.
The new law south of the border is included in the Criminal Justice and Courts Act 2015 and will affect Scots who carry out “revenge porn” offences in that jurisdiction.
It includes uploading media to the internet, texts, emails, making use of messaging platforms or simply showing an image to someone.
The Crown Prosecution Service (CPS) said: “It covers images that show the genitals but also anything that a reasonable person would consider to be sexual, so this could be a picture of someone who is engaged in sexual behaviour or posing in a sexually provocative way”.
In Scotland, the government launched a consultation on whether new laws are needed to tackle the problem.
The first minister, Nicola Sturgeon has said Scotland needs a framework so that the Crown can prosecute “people who perpetrate these crimes” and to avoid “possible pitfalls”.
In England and Wales, prosecutors formerly required evidence of copyright infringement or harassment when trying to take someone to court.
The campaign gathered cross-party support after a number of high-profile celebrity leaks last year.
One campaigner and a victim, Hannah Thompson, 22, described the new legislation as “a huge step forward”.
She said: “I hope all these changes provide victims with a route to justice and aid them in getting their images taken down.”
Jef McAllister, managing partner of law firm McAllister Olivarius, which has acted for victims, said he would like to see websites take responsibility for taking offensive images down and for the act to be made a crime irrespective of whether or not the perpetrator “intended” to cause upset.
He also called for an injunction system to quickly remove images.
He said: ” It is coming in to people’s understanding that revenge porn exists and that it’s a problem.
“There is an interesting reaction this time because when it happened years ago to other movie stars, they were the ones who apologised.
“This time, the movie stars have said these are my intimate images. You don’t have the right to do it.
“It’s not just a minor phenomenon. I think the law comes at a good time.”
Dr Fiona Vera-Gray, prevention manager with the End Violence Against Women coalition, said: “We are pleased with the introduction of a specific law, but see legislation as just one part of the action needed to stop revenge pornography.”