Revenge Porn

In April 2015, the UK’s Criminal Justice and Courts Act introduced the offence of disclosing private sexual photographs and films with the intent to cause distress, commonly known as “revenge porn.” However, this provision was repealed on 31 January 2024 by the Online Safety Act 2023, which introduced more comprehensive measures to address the evolving nature of intimate image abuse. 

The Online Safety Act 2023 replaced the previous offence with new provisions under the Sexual Offences Act 2003, specifically Section 66B. These new offences aim to better address modern challenges such as altered or fabricated images, including deepfakes, and cyberflashing. The new offences are:

1. Section 66B (1) – Intentionally sharing an intimate photograph or film which shows, or appears to show, another person in an intimate state. That person did not consent to the sharing of photograph or video, and it was not reasonably believed that they did consent. 
2. Section 66B (2) – Intentionally sharing an intimate photograph or film of another person with the intent to cause that person alarm, distress, or humiliation.​ That person did not consent to the sharing of photograph or video, and it was not reasonably believed that they did consent.
3. Section 66B (3) – Intentionally sharing an intimate photograph or film of another person and does so for the purpose of causing a person to obtain sexual gratification.​ That person did not consent to the sharing of photograph or video, and it was not reasonably believed that they did consent.
4. Section 66B (4) – Threatening to disclose an intimate photograph or film of another person ad does so with the intention that the individual will fear that the threat will be carried out. Or being reckless as to whether fear of the same would be caused. 

The Online Safety Act 2023 also provided automatic lifelong anonymity for complainants. 

Offences of this nature are ‘either way offences’, which means that they may be heard in the Magistrates Court, or the Crown Court, depending on the individual merits of the case. The maximum sentence is one of two years imprisonment in the Crown Court, and it is therefore imperative that you seek legal advice and representation at the outset of the investigation. 

If you, or someone you know, is facing an allegation of this nature, reach out to our team of solicitors for confidential, non-judgmental advice and representation.