UK Government Can Now Hand Out Two-Year Sentences For Revenge Porn, Online Trolling

by Tim Cushing
Techdirt
Apr. 14, 2015

Revenge porn is now officially a crime in the UK, as last year's amendments to the Criminal Justice and Court Acts come into effect. This particular amendment targeting revenge porn was proposed last October.

The change will cover the sharing of images both online and offline. It will mean that images posted to social networking sites such as Facebook and Twitter will be caught by the offence, as well as those that are shared via text message. Images shared via email, on a website or the distribution of physical copies will also be caught. Those convicted will face a maximum sentence of 2 years in prison.

The offence will cover photographs or films which show people engaged in sexual activity or depicted in a sexual way or with their genitals exposed, where what is shown would not usually be seen in public. Victims and others will be able to report offences to the police to investigate. Officers will work with the Crown Prosecution Service to take forward cases for prosecution.

Fortunately, the law contains affirmative defenses, including one for journalistic entities or other disclosures in the public interest. It also appears to keep the burden of proof (mostly) where it should be: on the entity bringing the charges.

However, this amendment seems to be more borne of social pressure than actual need. Trafficking in revenge porn has been punished successfully under the UK's harassment laws. This law just feels extraneous -- a way to "do something" that increases penalties for violating existing harassment laws. There's a two-year maximum sentence attached to this amendment, which is far lower than the surprising 18 years handed to revenge porn site operator Kevin Bollaert, but far more than a previous "revenge porn" prosecution under the UK's already existing laws, which only netted a 12-week sentence.

The enacted amendments also give UK Justice Secretary Chris Grayling what he wanted: increased penalties for the crime of being a jerk online. The UK has jailed trolls before, but now the government has a new upper limit on sentencing - quadrupling the former 6-month maximum.

This revenge porn law may be less broadly-written than others we've discussed, but that slight positive is negated by the UK's vastly more limited free speech protections.