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Revenge porn and image-based abuse

Taking legal action and seeking the removal of intimate photographs/videos

'Revenge porn' is a colloquial term used to describe the unauthorised sharing of intimate private photographs or videos. It is so-called because it is often carried out by spurned or jealous lovers publishing the material on the Internet, thereby turning their victim (usually, but not exclusively, female) into an unwitting 'porn star'.  The term 'image-based abuse' is often preferred, as 'revenge porn' can wrongly imply that the victim engaged in conduct which justified an attack on them.

There can be no justification for the act, which may be carried out by people other than former partners, and by a wide variety of different mediums including email, text and instant message services such as WhatsApp and SnapChat, social media sites such as Facebook and Twitter, and traditional 'offline' dissemination.   Additionally, a number of illicit websites set up to facilitate such behaviour have gained notoriety.

In today's world, where camera/internet-equipped smartphones are omnipresent, spur of the moment decisions can have devastating consequences. Victims often feel helpless, but there are things that can be done.

Over the years we have helped thousands of public figures, HNWIs and professionals enforce their privacy rights. Our highly-regarded media law department is unique because all our solicitors work exclusively in this field.  This means that our clients receive the best possible advice and representation.


What to do if you are a victim of revenge porn/image-based abuse

If you find yourself a victim of ‘revenge porn’/image-based abuse you should: –

  1. Keep calm. It is important that you know that there are things you can do and that you remember that the feeling of panic you have will pass. Try to stay calm because your initial reaction may prove important.
  2. Consider whether you should inform the Police.  An act of ‘revenge porn’/image-based abuse may constitute a number of criminal offences (see more below) and, as with any potential crime, you should consider informing the Police at an early stage. If you are a parent and your child is below the age of 18, you should give consideration to contacting the Police immediately, as a very serious criminal offence may have been committed. In doing so, remember that the situation is likely to be highly traumatic for your child and may have a significant bearing on their future. Do not jump to any conclusions. Stay calm and measured, for their sake. If you are a child and you find yourself in this situation, tell your parents or a responsible adult whom you trust, such as a teacher.
  3. Consider carefully whether it is prudent to contact the person responsible.  While it may be tempting to contact the person responsible, either in a furious rage, or to plead with them to remove the material, this is often ill-advised, especially in the immediate term. Someone who has breached your trust and privacy in this manner has already taken the ‘nuclear option’ – and may be difficult to reason with. They are often people who feel bitter or rejected, and are looking for a reaction – do not give them the satisfaction. This may lead them to think that their tactics work. Furthermore, by contacting them before you have approached the Police and/or sought specialist legal advice, you may be prejudicing a future prosecution or civil claim against them. Even if they are remorseful and regret their decision, it may not be within their power to get the material removed, depending on where they have published it. There will of course be some circumstances where it makes sense to contact the individual in question. For instance, where a friend posts an intimate photograph on a social networking website in an ill-judged prank.
  4. Resist the temptation to tell everyone.  It may sound counter-intuitive, but there are various reasons why you may feel tempted to tell lots of people about your predicament. It may be that you want to shame the person responsible, it may be that you want to try and find out who is responsible, or it may just be that it feels cathartic to share the distress you are feeling. Try to resist this. You may regret telling people later on and/or undermine any potential civil claim. Confide in one or two people you know and trust implicitly and make sure that they understand the importance of keeping the matter confidential.
  5. If you are contemplating taking legal action beyond a criminal complaint or instead of a criminal complaint, for example a claim for compensation or a warning letter, contact us to arrange a consultation.

The law on revenge porn/image-based abuse

Criminal law

New criminal offences relating to revenge porn/imaged-based were introduced in January 2024 by The Online Safety Act 2023.  These are set out in our blog here.  The new law widens the scope of criminal liability.

In addition, a number of other criminal offences may be committed by those engaging in the same, or similar, behaviour.  These include:-

  • Harassment (contrary to the Protection from Harassment Act 1997)
  • Stalking (contrary to the Protection from Harassment Act 1997 as amended by the Protection of Freedoms Act 2012)
  • Unauthorised computer access (contrary to the Computer Misuse Act 1990)
  • Blackmail (contrary to the Theft Act 1968)

People who believe they have been a victim of crime can report the matter to the Police, who have a duty to investigate any credible allegation. Once the Police have carried out an investigation, the Crown Prosecution Service will decide whether anyone should be prosecuted. It is theoretically possible for victims of crime to bring prosecutions privately, although in practice this is very rare.


Civil remedies

An act of ‘Revenge Porn’/image-based abuse will normally give rise to a claim for the misuse of private information and breach of confidence.  Depending on the circumstances, victims may also be able to bring claims for harassment and/or copyright infringement.

In addition to reporting the suspected culprit(s) to the Police, there are several actions that victims can take directly by instructing solicitors.  These include:-

  • Obtaining removal of the material, undertakings not to republish, apologies, damages (compensation), and costs from the people responsible by means of:-
    • Pre-action correspondence
    • Issuing proceedings for the misuse of private information/breach of confidence
    • Interim and post-judgment Injunctions
    • Success at trial
  • Persuading web hosts, blog hosts and social media platforms to remove the material. We have had success in seeking the removal of photographs from notorious revenge porn websites that claim not to remove photographs in any circumstances.
  • Persuading top-level Internet service providers and search engines to remove and/or block links to offending material/sites.
  • Making representations to the Police and/or Crown Prosecution Service to investigate and/or prosecute those responsible where there is a prima facie case that a criminal offence has been committed

Why should I instruct Brett Wilson LLP?

In short, to ensure that you have the best team fighting for you and to maximize your prospects of success.  Privacy law is novel and complex and it is generally ill-advised to instruct non-specialist lawyers. Our work and client care is of the highest standard.  All cases are run by a specialist privacy solicitor.  Every matter has partner involvement. If there is a good settlement to be negotiated, we are confident we are well placed to achieve it.  If there is a case to be litigated, we are confident we can help you seek the best result.

We have long-standing working relationships with the best media law KCs and junior barristers, whom we can draft into the team to represent you in court if the need arises.

As well as being listed in the prestigious Legal 500Chambers and Partners and The Times Best Law Firms directories as a leading firm in the fields of defamation, privacy and reputation management law, partners Iain Wilson, Max Campbell and Tom Double are all individually recognised as leading individuals.  Iain Wilson and Max Campbell are additionally recommended by the Spear’s 500 HNWI directory for their reputation management work.  Iain Wilson is also recommended in the Tatler Address Book.  Most importantly, the firm receives excellent feedback from its clients and contemporaries.

Litigation can be stressful, time consuming and costly.  Therefore at the outset of your case we will conduct a cost benefit analysis with you. We will talk you through this process. We offer honest and pragmatic advice to our clients.  We will always consider alternative options, including asserting other causes of action (such as harassment and defamation), approaching intermediaries or PR work.

How do I instruct Brett Wilson LLP?

The first step is to attend a preliminary consultation.  At the consultation we will advise you on the merits of any claim, talk through the relevant practical and legal issues, and set out your options.  We will review relevant documentation ahead of the consultation.  The consultation will help you understand your position and allow you to make an informed decision about what action to take.

Consultations take place in our London offices or by Zoom/Teams/telephone.  We can also travel to you.

To request a consultation please send us an emailcomplete our online enquiry form or call us on 020 7183 8950.  If emailing or using the online form, please provide a short outline of your situation.

Details of the cost of a consultation will be provided following your enquiry.

 

We regret that we are unable to review your case or provide advice prior to a consultation or without being formally instructed.  

We do not offer alternative funding arrangements. 

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