Do We Need to Legislate Against Revenge Porn?
The UK has just passed a law to criminalize revenge porn (see ss 33 – 35). A fair amount of discussion clearly went into the drafting, considering the qualifications and the language. The law prohibits the publication or distribution of a ‘private sexual photograph or film’ without the consent of the subject and with the intention to cause the subject distress. There are fairly subtle definitions of the images, a broad definition of distribution (online or offline), and a requirement that the intention be specific, not just inferred as a reasonable consequence of publication or distribution.
This article describes the statute and some of the defences in the statute as well, e.g. for journalists.
Do we need such a law here, or are the activities covered by the Criminal Code already? Did Bill C-13 extend to revenge porn in its anti-bullying provisions? Or are the issues of consent (given and withdrawn, presumed for or against in the circumstances etc) and intention either specific enough to need legislation on their own, or too hard to cover by specific legislation (so they are better caught by more generic language)?
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