We must treat revenge porn as the crime it is
Internet providers need clarity in the law to remove what should be illegal material
Is this an example of the online world running faster than the laws we live by?
Over the past six months I have spoken to numerous victims, all women, who have suffered the impact of revenge pornography. It is clear that many feel they have suffered a virtual form of sexual assault that can continue for months, or even years if the images are not tracked down and removed successfully. Work done by other organisations in the online safety world indicates that this is a problem acutely affecting gay men too. Some pictures are posted on social media websites; others are sent to bespoke “revenge porn” sites, where non-consensual photography is now a category in its own right.
Existing laws are simply not effective. Posting revenge porn is not necessarily harassment; it’s not always grossly offensive nor indecent. But it is extreme humiliation, using sex to wreck the victim’s personal life and jeopardise employment prospects in the future.
Yesterday the Director of Public Prosecutions (DPP) issued new guidance on posting revenge pornography online. In publishing this new guidance, the DPP has acknowledged that the law is far from clear. But we knew that already. Assistant Chief Constable Garry Shewan, who leads the investigation of harassment and stalking in England and Wales, has said clearly that revenge pornography is not of itself a crime in this country.
I welcome anything that can help victims who have suffered for too long without any protection – but nothing short of a change in the law will send a clear and unambiguous message to the perpetrators that this is a criminal offence which merits a serious criminal sanction.
In the US, numerous states have been forced to pass legislation to protect private citizens from the growing problem of revenge pornography. The same is true in Canada and Israel. It really is now time for the British Parliament to act, too.
In July, when I raised the issue directly with the Prime Minister, he acknowledged that revenge pornography is an appalling offence and that it “clearly has criminal intent”. The Lord Chancellor himself has recognised that it is becoming a bigger problem in society and that appropriate action may need to be taken.
Most victims just want the material to be removed so they can get on with their lives, but internet service providers need clarity in the law so they can have protocols in place for removing what should be illegal material.
In October there is an opportunity to give that clarity and make a change in the law, to send a message loud and clear to the perpetrators of this horrendous crime that in posting such images online they risk a serious criminal record. The Justice and Sentencing Bill has to be amended as it passes through the Lords to make posting revenge pornography a criminal offence.
Maria Miller is a former Secretary of State for Culture, Media and Sport