Everything you need to know about revenge porn

Revenge porn, which involves sharing explicit or sexual images without a person’s consent, is an issue that has been brought into sharp focus over recent years, following a series of high-profile cases in the media.

Despite the government cracking down on revenge porn in a bid to tackle the problem, figures are still rising, and it remains a prevalent problem in today's digital society.

The non-consensual sharing of intimate images can cause a lot of distress, which is why the laws regarding revenge porn have been updated in 2024 to better protect victims.

Here’s what everyone should know about the crime of revenge porn and the options that victims have to take legal action against perpetrators and platforms.

What is revenge porn?

Also known as intimate image abuse or image-based sexual abuse, revenge porn is the common term for sharing nude or sexual photos or videos of someone without their consent, usually with the intention of causing them humiliation and distress.

They can be posted publicly on websites or social media platforms, or shared with other people in private chats through messaging services like Facebook or WhatsApp. They might also be distributed as physical copies of photographs, or videos shared on disks or drives.

In some cases, the images may be taken non-consensually then shared, or the victim may take the image themselves and send it to one person intending for only them to see it, but the recipient posts it online or sends it to other people without their consent.

Perpetrators may do this ‘as a joke’ because they think it’s funny to embarrass the person in the images, but this behaviour is widely referred to as revenge porn because revenge tends to be a common motivating factor.

For example, someone might want to ‘get back at’ their ex-partner after a bad breakup, and non-consensually share nude images of them that were sent consensually during their relationship with the intention of publicly humiliating them and causing them distress.

Anyone can be affected by revenge porn, but most commonly the perpetrator is an ex-partner or person known to the victim.

The victims of revenge porn are most often women, and as a result of this violation of privacy, people who have been targeted may experience anxiety, depression, PTSD (post-traumatic stress disorder), difficulties with relationships, and employment troubles.

It’s important to remember that if you have experienced revenge porn, you are not to blame – only the offender is responsible for this crime taking place.

Is revenge porn a criminal offence?

Yes. With the passing of the Online Safety Act 2023, new legislation came into effect in January 2024 that expands the Sexual Offences Act 2003.

Previously, there was no specific criminal offence for revenge porn, so this had to be covered somewhat ineffectually by various other laws.

Now, Section 188 of the Online Safety Act amends Section 66 of the Sexual Offences Act to make “sharing or threatening to share [an] intimate photograph or film” a crime.

The base crime of sharing an intimate image without the consent of the person depicted could result in a fine and/or a prison sentence of up to 6 months for the perpetrator.

If it can be proven that the offender non-consensually shared an intimate image with the intent of causing humiliation and distress or gaining sexual satisfaction, these are more serious offences, with a potential prison sentence of up to 2 years.

If convicted of this offence at a more serious level, the perpetrator may also be subject to notification requirements (also known as signing the Sex Offenders’ Register).

Threatening to share intimate images is also a criminal offence, so even if the perpetrator does not actually share the images, they could still be subject to a prison sentence.

This legislation applies to both online and offline images, with ‘private’ images understood to be any material showing someone in an ‘intimate state’ that the public would not normally see, and which had not been consensually shared previously.

What can you do if you are a victim of revenge porn?

The first priority is to have the images or videos removed from the public domain, for good. You can do this by reaching out to the website/social platform that is hosting the images.

This can be done directly, but is usually more effective if the victim uses a solicitor specialising in online privacy cases to formally contact the web host on your behalf.

Contacting the website

Many of these sites are not hosted in the UK; some are even created purely for the purpose of hosting revenge porn. Unfortunately, the bottom line is that it’s not always easy to get images removed from websites quickly.

However, if websites in the UK and the EU refuse to remove any images when given notice, a legal claim can be brought against them, resulting in a court summons.

Injunctions

If both the perpetrator and the website operator do not respond to your removal requests, it’s time to consider seeking a court injunction.

This can prevent any offensive images from being published anywhere else and stop their distribution, but this process would require the help of a solicitor.

Civil law options

You might instead opt for a civil law approach – whereby you bring a claim against the publisher yourself, rather than making it a police matter.

Again, you would need a solicitor to guide you through the process, which would be at your own cost. They can explain the different types of civil law options available to you.

Criminal law options

Revenge porn is a criminal offence. Before the UK government created a specific offence which targets this behaviour, it fell into a number of different categories, including:

• Blackmail (Section 21 of the Theft Act 1968)
• Voyeurism under Section 67 of the Sexual Offences Act 2003 (if the images were obtained without consent)
• Harassment (Protection from Harassment Act 1997)
• Offences under the Malicious Communication Act 1988 (if the CPS was satisfied that the images were published in order to cause anxiety and distress)

Previously, it was also a requirement to prove the defendant’s intent to cause humiliation and distress and/or to obtain personal sexual gratification from the act in order for it to be considered a criminal offence.

After the enactment of the Online Safety Act and amendment of the Sexual Offences Act, proving intent is no longer necessary for the base criminal offence of sharing an intimate image without the person’s consent – though doing so makes it a more serious offence.

This specific criminal offence makes it easier for the courts to hold perpetrators to account, with the government encouraging victims to report their cases to the police so that the offenders can be prosecuted under the updated legislation.

It is also possible for victims to claim compensation for intimate image abuse if they have suffered injuries from distress, from health conditions to financial losses.

Again, the best way to take action on these legal issues is to contact a lawyer to help you manage your case – if possible, one who specialises in cybercrime.

Contact revenge porn solicitors

Here at PCD Solicitors, we have expert professionals specialising in cases of revenge porn crime. We can provide you with the legal guidance and representation you need, as well as signposting you to any emotional support you may require.

Our highly trained staff are both approachable and understanding, and our only priority is providing our clients with the highest standard of legal support.

For more information on how we can help you, a family member, or a friend affected by revenge porn crime, contact our revenge porn solicitors today on 0151 705 8488 or send an e-mail to info@pcdsolicitors.co.uk.