Revenge porn roundtable

1. Revenge porn roundtable 5th September 2013

2. What is revenge porn? • Revenge porn is when a partner or ex-partner shares images of sexual nature without the other person’s consent • Images can be shared across text, BBM, email, social networking sites, specific sites like “is anyone up” and more

3. Why does Scottish Women’s Aid care? • Domestic abuse is about control, many tactics may be used to maintain control • Humiliation • Manipulation • Blackmail • Sexual assault and rape • Threats • Physical assault

4. Revenge porn, or the threat of revenge porn, can be used in the context of domestic abuse to maintain control

5. Where we are • Launched website for victims • Launched flickr page for supporters • Training practitioners • Motion in parliament which has cross party support

6. What we’re hearing • Response is patchy • People are unclear if law can help • The fear of revenge porn is used as a threat • Young teenagers also at risk

7. Existing remedies & protections under the law • Children under 16- position clear re offences • Civic Government (Scotland) Act 1982- s 52 • Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 Act- s 1 • Sexual Offences (Scotland) Act 2009- various sections • HMAv Graham 2010 S.C.C.R. 641

8. Other offences • Domestic Abuse (Scotland) Act 2011- s 1 – harassment amounting to DA • Protection from Harassment Act 1997- s 8 • Criminal Justice and Licensing (Scot) Act 2010- s 38 -threatening and abusive behaviour ; s 39- stalking- “ fear or alarm” • Sexual Offences (Scotland) Act 2009-s 9- offence of voyeurism; s 6- coercing a person into looking at a sexual image • Communications Act 2003 -s127 -offence to send, or cause to be sent, by means of public electronic communications “a message or other matter that is grossly offensive or of an indecent, obscene or menacing character.” • Common law offences -public indecency; breach of the peace; blackmail extortion

9. Other Remedies • Third Party Reporting- mechanisms for reporting online sharing of such photographs means the subject has to be traced to establish lack of consent • Civil Remedies • Interdict to stop the behaviour against the perp or ISP provider • NHO • Action for defamation against the perpetrator • Facebook and ISP culpability • Electronic Commerce (EC Directive) Regulations 2002 • Defamation Act 1996   • PayamTamiz v Google 2013 - Internet platforms can assume the role of publisher and become liable for defamation

10. Approaches from other jurisdictions Canada • Offences for bullying or cyberbullying& sharing of intimate images. Private Members’ Bill to amend this to make it crime to maliciously share an intimate image of someone without their consentand CCSO Cybercrime Working Group on Cyberbullyingand the Non-consensual Distribution of Intimate Images recommended a new criminal offence on non-consensual distribution of intimate images http://www.justice.gc.ca/eng/rp-pr/other-autre/cndii-cdncii/pdf/cndii-cdncii-eng.pdf New Zealand- • Prohibition on publication, import/export, sale, or distribution of “intimate visual recordings” but appears to exclude recordings that are made with the consent of the subject • The Law Reform Commission has recently recommended amending this offence to have it apply to persons who make consensual intimate images and then distribute them without the consent of the person depicted. England & Wales- • Protection of Freedoms Act 2012 s11 - revised definition of “stalking” in the 1997 Protection From Harassment Act 1997 may also allow for prosecutions for distributing intimate images of another person online.

11. Approachesfrom other jurisdictions, cont USA • Various offences relating to voyeurism as unlawful surreptitioussurveillance; cyberbullyingand harassing communications- mostly covering students and school children; only State of New Jersey has offence of Non-consensual Distribution of Intimate Images Australia • Law in several states dealing with elements of the non-consensual distribution of intimate images- offences are broad; Victoria’s stalking offence includes non-consensual distribution of intimate images. South Australia -new offence of distribution of an invasive image • Germany • Offence of “violation of intimate privacy by taking photographs”.- unlawfully and knowingly making available to third parties a picture that was created with the consent of another person