What are the Revenge Porn Laws in the UK?

UK revenge porn laws are designed to protect people from the sharing of intimate content without their consent. Under Section 33 of the Criminal Justice and Courts Act 2015, it’s a criminal offence to disclose private sexual images or videos if the intention is to cause distress – and this applies regardless of motive.

To understand how the law works in regards to revenge porn offences, it’s important to look at what counts as private, what qualifies as sexual, and how the act of disclosure is defined in these cases.

How does the law work?

In legal terms, an image is considered private if it shows something not normally seen in public, and sexual if it involves exposed genitals, clearly sexual behaviour, or anything a reasonable person would view as sexual. The law even covers edited images, such as when someone’s face is superimposed onto a sexual photo. Sharing includes any form of disclosure – from sending a message to posting on social media – and the prosecution must show that the person intended to cause distress.

Crucially, the image or video must have been shared without consent, and consent must specifically cover the act of disclosure. If several people appear in the content, consent from everyone involved is needed. Accidental sharing or genuinely believing someone agreed to the disclosure is unlikely to meet the threshold for prosecution, but intentional, non-consensual sharing aimed at causing distress can lead to a criminal charge.

What penalties can you face for revenge porn?

Section 33(9) outlines what the potential sentence is for revenge porn. If a person is found guilty after being indicted in a criminal trial, they could face a maximum penalty of two years imprisonment, an unlimited fine, or both.

Revenge porn laws in the UK also outline that, if someone is convicted by a magistrate without trial, the maximum sentence they could face is 12 months’ imprisonment, an unlimited fine, or both.

The actual sentence on conviction for revenge porn will depend on the level of harm caused and the degree of culpability of the offender.

Factors affecting the degree of harm may include:

• The level of distress caused
• The amount of psychological harm
• The practical impact of the offence

Factors affecting the degree of culpability may include:

• The amount of planning involved
• How widely the images were distributed
• Whether there were repeated efforts to keep the images available publicly
• Whether the offender acted in a way to maximise the victim’s distress or humiliation

Revenge porn law also dictates that, if someone is convicted of a revenge porn offence, they will also be required to register as a sex offender, which may affect their current and future employment and personal relationships.

What potential defences are available to allegations of revenge porn?

Because the prosecution needs to prove a number of separate factors to bring forward a revenge porn conviction, there are a number of potential defences which can be used.

For instance, defences could include:

• The source of the images came from somewhere else (such as if a device was hacked)
• Where a person discloses a photo or video to the person shown in said photo or video
• It can be proven that the disclosure of a photo or video was necessary for the purposes of preventing, detecting, or investigating a crime
• It can be shown that, with a view to the publication of journalistic material, someone believed they were acting in the public interest

Are there are mitigating factors for revenge porn?

There are a range of mitigating factors that could potentially influence the eventual sentence that is handed out if someone is found to be guilty of revenge porn.

For example, mitigating factors could include, but are not limited to:

• The defendant has no prior convictions or relevant convictions
• The defendant shows remorse
• Age and/or lack of maturity
• Mental disorders or learning disabilities
• Previous good character

Are there any aggravating factors for revenge porn?

On the other hand, there are also a number of aggravating factors that could increase the severity of a revenge porn conviction.

For example, this could include:

• Previous convictions
• Targeting a vulnerable victim
• If an offence was committed while on bail
• Additional offences, such as threats and/or blackmail

Should I speak to a solicitor if I’m facing a revenge porn allegation?

If you are facing a revenge porn allegation, it is essential that you speak to a specialist solicitor as soon as possible so that you know your rights and what may potentially harm your defence. At JD Spicer Zeb, our solicitors are highly experienced in representing clients accused of revenge porn and have strong expertise in deploying all of the various defence strategies that can be used in relation to these types of offences.

Contact our criminal law solicitors today

For a free initial consultation, urgent specialist advice, immediate representation, or to speak to us confidentially about allegations of committing a revenge porn offence, please do not hesitate to get in touch.

You can contact our dedicated criminal defence lawyers in London, Birmingham, and Manchester by telephone on:

• London Office: 0207 624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.

24/7 legal representation for revenge porn allegations

We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number: 07836 577 556.