'Revenge porn' and the actio iniuriarum : using 'old law' to solve 'new problems'

Brown, Jonathan (2018) 'Revenge porn' and the actio iniuriarum : using 'old law' to solve 'new problems'. Legal Studies, 38 (3). pp. 396-410. ISSN 0261-3875 (https://doi.org/10.1017/lst.2018.8)

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Abstract

'Revenge porn', as the non-consensual distribution of private sexual images and videos has been termed, is conceptualised as an inextricably modern phenomenon which the law is not appropriately equipped to deal with. The advent of smartphone technology has ensured that sexually explicit material can be created easily (with or without the knowledge of all parties) and disseminated quickly. An increasing number of individuals (generally, though not necessarily, women) have fallen victim to this phenomenon in recent years. This has led to calls for legislative intervention. Many academics and campaigners have taken the view that the publication of such material deserves to incur punishment by the criminal law.

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