Revenge Porn and Intimate Image Abuse

Sharing an intimate photograph or video without the permission of the person shown can cause severe and lasting harm. Images may be sent to relatives, employers or friends, uploaded to websites or circulated repeatedly through messaging services and social media.

The expression "revenge porn" is commonly used, but it can be misleading. The person responsible does not need to be a former partner, and revenge does not have to be the motive. The broader term "intimate image abuse" better reflects the different ways in which images can be used to humiliate, threaten, exploit or control someone.

England and Wales now have specific criminal offences covering the sharing of, and threats to share, intimate photographs or films without consent.

What Is an Intimate Image?

An image may be intimate where it shows or appears to show a person:

• Taking part in a sexual act
• Doing something sexual
• With all or part of their genitals, buttocks or breasts exposed
• In circumstances that would ordinarily be regarded as private

The legislation can apply to photographs, films and images that have been altered, manipulated or generated so that they appear to show a real person in an intimate state.

Sharing an Intimate Image Without Consent

Under section 66B of the Sexual Offences Act 2003, it is an offence intentionally to share an intimate photograph or film of another person where that person does not consent and the person sharing it does not reasonably believe that consent has been given.

This basic offence does not require the prosecution to prove that the accused intended to cause Distress, embarrassment or humiliation.

Consent to take an image is not automatically consent to share it. Similarly, sending an intimate image privately to one person does not permit that person to forward it, upload it or show it to others.

Sharing With Intent to Cause Alarm, Distress or Humiliation

A more serious form of the offence may be committed where the image is shared without consent, and the purpose is to cause the person shown alarm, Distress or humiliation.

Relevant conduct could include:

• Sending images to thevictim'ss family, friends or employer
• Uploading images after the end of a relationship
• Publishing identifying information with the image
• Posting the material as part of a campaign of harassment
• Using the image to punish or intimidate the victim

The prosecution will consider the circumstances in which the image was shared, communications between the parties and any evidence of threats, hostility or controlling behaviour.

Sharing for Sexual Gratification

A separate offence can apply where someone shares an intimate image without consent for the purpose of obtaining sexual gratification.

This may include circulating an image within an online group, uploading it to a sexual website or showing it to another person for sexual enjoyment.

Where the person responsible intends to cause alarm, Distress or humiliation as well as obtaining sexual gratification, this can affect the precise offence charged and the sentence imposed.

Threatening to Share an Intimate Image

It is also a criminal offence to threaten to share an intimate photograph or film where the threat is made with the intention that the person shown, or someone who knows them, will fear that the image will be shared.

The image does not necessarily have to be published. A threat alone may constitute an offence.

Examples can include threatening to send an image to relatives, post it online, show it to an employer or distribute it unless the victim pays money, continues a relationship or complies with another demand.

What Does "Sharing" Mean?

Sharing is not limited to placing an image on a public website. It can include:

• Sending it by text message or email
• Forwarding it through a messaging application
• Posting it on social media
• Uploading it to a website or online forum
• Showing it to another person on a telephone or computer
• Reposting or forwarding an image originally shared by someone else

A person who forwards an image without consent may commit an offence even if they did not create the image or make the first disclosure.

Does the Victim Have to Prove Distress?

Not under the basic offence of intentionally sharing an intimate image without consent.

Earlier revenge-porn legislation required proof that the defendant intended to cause Distress. That requirement sometimes made prosecutions difficult where the accused claimed another motive.

The current law includes a basic offence based on the absence of consent, together with more serious offences involving an intention to cause alarm, Distress or humiliation or an intention to obtain sexual gratification.

What Are the Possible Sentences?

The sentence depends on which offence has been committed and the seriousness of the conduct.

The basic offence of sharing an intimate image without consent can result in a fine. The more serious offences involving an intention to cause alarm, Distress or humiliation, sexual gratification or a threat to share can carry a maximum sentence of two years' imprisonment.

Sentencing may take account of factors including:

• The number of images shared
• How widely the material was distributed
• Whether identifying information was published
• The duration of the offending
• The victim's vulnerability
• The effect on the victim
• Whether the conduct formed part of domestic abuse, stalking or harassment
• Whether the offender attempted to profit from the images

Courts may also make restraining orders and, where appropriate, orders relating to devices or material used in the offending.

Deepfakes and Manipulated Images

Intimate image abuse increasingly includes digitally altered or artificially generated material. A person's face may be placed onto another body, clothing may be digitally removed, or an image may be created that falsely appears to show the person engaged in sexual activity.

The intimate-image offences can cover photographs or films which appear to show a person in an intimate state, even where the material has been altered or generated.

Further legislation has also been introduced to strengthen the law relating to the creation of intimate images without consent, screenshotting certain private images, nudification tools and the removal of unlawful material. The commencement and application of individual provisions should be checked in each case.

Images of Children

Different and potentially much more serious offences apply where an image shows a person under 18.

Making, possessing or distributing an indecent image of a child can be a criminal offence even where the young person created the image themselves or apparently agreed to it being taken.

Young people who consensually exchange images may be dealt with differently from adults who exploit or distribute the. Still, thee material remains legally serious and should not be forwarded, copied or retained unnecessarily.

Other Offences That May Apply

Intimate image abuse may form part of wider criminal conduct. Depending on the circumstances, additional offences may include:

• Harassment or stalking
• Controlling or coercive behaviour
• Blackmail
• Malicious or threatening communications
• Computer misuse
• Voyeurism or upskirting
• Sexual offences
• Breach of a restraining order or injunction

Blackmail may be considered where a person threatens to publish an image unless the victim pays money, provides further images, has sexual contact or complies with another demand.

Intimate Images and Domestic Abuse

Sharing or threatening to share intimate material is frequently used as a form of domestic abuse.

An abuser may use images to prevent a partner from ending the relationship, force them to maintain contact, control their behaviour or frighten them during disputes involving children, money or property.

The behaviour may be relevant to criminal proceedings as well as applications for a non-molestation order, occupation order or other protective measure.

Reporting Intimate Image Abuse

Anyone in immediate danger should call 999. Where there is no immediate emergency, the matter can be reported to the police using the non-emergency reporting service.

It may help to preserve:

• Messages containing threats or admissions
• Web addresses and account names
• Dates and times of publication
• Screenshots showing where the material appeared
• Details of anyone who received or saw the image
• Previous communications with the person responsible

A victim should not download, copy or repeatedly view unlawful material unnecessarily, particularly where there is any possibility that the image shows someone under 18.

Evidence should only be collected where it is safe to do so. The police can advise about preserving digital evidence.

Removing Images From the Internet

Victims should report the material to the website, social-media platform, search engine or hosting provider as soon as possible.

Removal from one location may not eliminate every copy. However, prompt reporting can restrict circulation, remove search results and preserve evidence about the account responsible.

Online services regulated under the Online Safety Act 2023 have duties relating to illegal content, including systems for identifying and removing certain unlawful intimate images.

Specialist intimate-image support organisations may also help victims report content and contact participating platforms.

Can the Publisher or Website Be Sued?

Criminal proceedings are not the only possible response. Depending on the circumstances, a victim may have civil claims involving:

• Misuse of private information
• Breach of confidence
• Data protection law
• Harassment
• Copyright
• Defamation, where false allegations accompany the image

A court may be asked to grant an injunction preventing further publication or requiring material to be removed. Damages may also be available for Distress, financial loss or the misuse of private information.

Claims against platforms and website operators can be legally complex. The appropriate defendant and remedy will depend on who uploaded the material, who controls the website and how the service responded after being notified.

Victims Are Not to Blame

A person does not lose their right to privacy merely because they agreed to an image being taken or sent it privately to someone they trusted.

The responsibility rests with the person who shares, threatens to share or misuses the image without consent.

Victims should not be discouraged from reporting the offence because they created the image, remained in a relationship with the accused or previously agreed to other images being shared.

Someone Accused of Sharing an Image

A person accused of intimate image abuse should obtain criminal legal advice before participating in a police interview.

Deleting messages, contacting the complainant or asking other people to remove or conceal evidence may make the position more serious. Bail conditions or protective orders may also prohibit direct or indirect contact.

The prosecution must prove the elements of the particular offence. Issues may include whether the image was intimate, whether it was shared intentionally, whether consent was given and whether any belief in consent was reasonable.

Obtaining Legal Advice

A criminal solicitor can advise a victim or accused person about a police investigation and possible prosecution.

A solicitor specialising in privacy, media or data protection law may advise about urgent injunctions, removal of content, compensation and claims against those responsible for publication.

Where the abuse is connected to a former or current partner, a family law solicitor can also advise about protective injunctions and arrangements involving children.

Important Information

Solicitors.com is not a firm of solicitors. This article is provided for general information only and does not constitute legal advice. Criminal, online-safety and privacy laws may change, and their application will depend on the individual circumstances. Anyone affected by intimate image abuse or accused of an offence should seek advice from a suitably qualified solicitor before taking or refraining from action.