29th March 2023

Revenge Porn: Legal action for victims

By Sarah Daniel

Reality TV personality, Stephen Bear was sentenced to 21 months in prison in March 2023 for disclosing private photographs and films of his former girlfriend Georgia Harrison (who has waived her right to anonymity) with intent to cause distress.

This high-profile “revenge porn” case demonstrates image-based abuse is a serious crime. In a world where the sharing of personal and intimate videos and pictures without consent has become easier than ever, we highlight 5 civil remedies available to victims, regardless of whether criminal charges are brought against the culprit:

  1. Misuse of private information

A claim for misuse of private information is the best starting point for any victim. An individual has a reasonable expectation of privacy in respect of intimate images of them and it would be a difficult argument for a defendant to argue that their freedom of expression should trump that right in allowing the sharing of such images without the claimant’s consent. A successful misuse of private information claim will allow a claimant to seek an injunction, damages and/or destruction of the offending material.

  1. Breach of confidence

The publication of intimate images online without consent may also amount to a breach of confidence in circumstances where images of this nature are taken with the intention that they remain secret and are not to be shared. As with a misuse of private information claim, a successful breach of confidence claim will allow for an injunction to prevent further publication, an order requiring the images are removed from the internet and/or damages.

  1. Harassment

If the sharing of the content forms part of a wider course of conduct which makes an individual feel harassed, alarmed or distressed, there may also be a basis for bringing a claim under the Protection from Harassment Act 1997. This Act makes harassment a criminal offence but also allows the civil courts to grant an injunction or make an award of damages to the victim.

  1. Copyright

If the content that has been shared was taken by the victim, the image or video will automatically amount to an original work which cannot be copied or reproduced, or be put on the internet, without consent. This is a useful basis in requesting that any platform hosting the content take it down, but it may also give rise to the payment of damages.

  1. Data Protection

Data, including images, concerning a person’s sex life or sexual orientation is considered to be part of a special category of personal data and, given its sensitive and personal nature, is subject to more stringent rules under The Data Protection Act 2018. It is unlikely that any hosting site will be able to justify the sharing of intimate images without the individual’s consent and this can therefore be another way to ensure intimate images are taken down and compensation claimed from the hosting platform.

The best approach to intimate image-based abuse will often be a combination of take-down notices and complaints to regulatory bodies, to swiftly remove the content from any online platforms, alongside formal action against the individual sharing the content to seek redress and prevent further unauthorised dissemination.

Hamlins’ Media Disputes department is one of the largest and most successful Media Disputes teams in the UK and is widely recognised as an advisor of choice for both public and private figures seeking advice in relation to defamation, reputation management, pre-publication libel and privacy law.

We act for individuals facing intimate image-based abuse and are skilled at creating a bespoke strategy depending on the specific facts of the case. If you would like to find out more about how Hamlins can help you, please get in touch.

Revenge Porn: Legal action for victims

Have a question? Contact Sarah

Have a question? Contact Sarah

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