The government has published the details of a new law targeting revenge porn: Publication of private sexual images
(1) It shall be an offence for a person to publish a private sexual image of another identifiable person
without their consent where this disclosure causes distress to the person who is the subject of the image.
(2) A person is not guilty of an offence under subsection (1) if he or she-—
(a) reasonably
believed that the person who is the subject of the image had consented to its publication;
(b) reasonably believed that the publication of the image would not cause distress;
(c) reasonably believed that the image had previously been
published; or
(d) did not intend to publish the image.
(3) For the purposes of this section it is immaterial who owns the copyright of the published image.
(4) An offence under this section is
punishable by—
(a) on conviction on indictment, imprisonment for a term of not exceeding 2 years or a fine (or both);
(b) on summary conviction, imprisonment for a term of not exceeding 6 months or a fine (or
both).
Update: Unintelligible law
14th October 2014. See article from
publications.parliament.uk . Thanks to Therumbler
Seems to be a disgraceful government proposed amendment to turn the law into gobbledegook where people will be
found guilty whatever the circumstances, whilst journalists seem to have been excused any responsibility whatever the circumstances.
Disclosing private sexual photographs and films with intent to cause distress
(1) It is an offence for a person to disclose a private sexual photograph or film if the disclosure is made---
(a) without the consent of an individual who appears in the photograph or film, and
(b) with the intention of causing that individual distress.
(2) But it is not an offence for the person to disclose the photograph or film to the individual mentioned in subsection (1)(a) and (b).
(3) It is a defence for a person charged with an offence under this
section to prove that he or she reasonably believed that the disclosure was necessary for the purposes of preventing, detecting or investigating crime.
(4) It is a defence for a person charged with an offence under this section to
show that---
(a) the disclosure was made in the course of, or with a view to, the publication of journalistic material, and
(b) he or she reasonably believed that, in the particular circumstances, the publication
of the journalistic material was, or would be, in the public interest.
(5) It is a defence for a person charged with an offence under this section to show that---
(a) he or she reasonably believed that the photograph or film had previously been disclosed for reward, whether by the individual mentioned in subsection (1)(a) and (b) or another person, and
(b) he or
she had no reason to believe that the previous disclosure for reward was made without the consent of the individual mentioned in subsection (1)(a) and (b).
(6) A person is taken to have shown the matters mentioned in subsection (4) or (5) if---
(a) sufficient evidence of the matters is adduced to raise an issue with respect to it, and
(b) the contrary is not proved beyond reasonable doubt.
(7) For the purposes of subsections (1) to (5)---
(a) consent to a disclosure includes general consent covering the disclosure, as well as consent to the particular disclosure, and
(b) publication of journalistic material means disclosure to the
public.
(8) A person charged with an offence under this section is not to be taken to have disclosed a photograph or film with the intention of causing distress merely because that was a natural and probable consequence of the disclosure.
(9) A person guilty of an offence under this section is liable---
(a) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both), and
(b) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine (or
both).
(10) Schedule (Disclosing private sexual photographs or films: providers of information society services) makes special provision in connection with the operation of this section in relation to persons providing information society
services.
(11) In relation to an offence committed before section 154(1) of the Criminal Justice Act 2003 comes into force, the reference in subsection (9)(b) to 12 months is to be read as a reference to 6 months.
(12) In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (9)(b) to a fine is to be read as a reference to a fine not
exceeding the statutory maximum.
Meaning of disclose and photograph or film
(1) The following apply for the purposes of section (Disclosing private sexual photographs and films with intent to cause
distress), this section and section (Meaning of private and sexual).
(2) A person discloses something to a person if, by any means, he or she gives or shows it to the person or makes it available to the person.
(3) Something that is given, shown or made available to a person is disclosed---
(a) whether or not it is given, shown or made available for reward, and
(b) whether or not it has previously been given, shown or made available to the person.
(4) Photograph or film means a still or moving image in any form that---
(a) appears to consist of or include one or more photographed or filmed images, and
(b) in fact consists of or includes one or more photographed or filmed images.
(5) The reference in subsection (4)(b) to photographed or filmed images includes photographed or filmed images that have been altered in any way.
(6) Photographed or filmed image means a still or moving image
that---
(a) was originally captured by photography or filming, or
(b) is part of an image originally captured by photography or filming.
(7) Filming means making a recording, on any medium, from which a moving image may be produced by any means.
(8) References to a photograph or film include---
(a) a negative version of an image described in subsection (4), and
(b) data stored by any means which is capable of conversion into an image described in subsection (4).
Meaning of private and sexual
(1) The following apply for the purposes of section (Disclosing private sexual photographs and films with intent to cause distress).
(2) A photograph
or film is private if it shows something that is not of a kind ordinarily seen in public.
(3) A photograph or film is sexual if---
(a) it shows all or part of an individual's exposed genitals or pubic area,
(b) it shows something that a reasonable person would consider to be sexual because of its nature, or
-
(c) its content, taken as a whole, is such that a reasonable person would consider it to be sexual.
(4) Subsection (5) applies in the case of ---
(a) a photograph or film that consists of or includes a photographed or filmed image that has been altered in any way,
(b) a photograph or film that combines two or more photographed or filmed images,
and
(c) a photograph or film that combines a photographed or filmed image with something else.
(5) The photograph or film is not private and sexual if---
(a) it does not consist of or include a photographed or filmed image that is itself private and sexual,
(b) it is only private or sexual by virtue of the alteration or combination mentioned in
subsection (4), or
(c) it is only by virtue of the alteration or combination mentioned in subsection (4) that the person mentioned in section (Disclosing private sexual photographs and films with intent to cause
distress)(1)(a) and (b) is shown as part of, or with, whatever makes the photograph or film private and sexual.
