JAIL FOR THE SEX TEXTS BULLIES
Major crackdown on ‘revenge porn’ as Scots first in UK to get new law to curb online filth
SCOTLAND is to become the first country in the UK to introduce a law to crack down on the malicious posting of pornographic images on the internet. The l aw will target the spreading of graphic images through social networking sites, instant messages, email and pornographic websites.
In particular, police have seen a huge rise in cases of spurned lovers spreading graphic images of their ex-partners, as part of an alarming increase in the volume of pornography on the internet in recent years.
Now the Lord Advocate, Frank Mulholland, QC, has called for specific legislation in Scotland to deal with this disturbing rise in ‘revenge porn’.
Police have witnessed a surge in reports of such crimes, with some victims committing suicide.
At present, public indecency, breach of the peace and other offences under the Criminal Justice
and Licensing Act or the Communications Act may be used for prosecutions north of the Border.
Mr Mulholland said: ‘ We prosecute this crime robustly using existing legislation. However, it is a growing problem and specific legislation would send a signal to those who do this that they face jail.
‘We understand the effect this crime has on victims. Those who post images online in this way are trying to cause fear, it is designed to humiliate.
‘I hope it would also give greater confidence to victims to report cases. Society needs to deliver a message that this is unacceptable and that the victim is in no way responsible just because they may have consented to an image being taken for personal use.’
The proposed crackdown was welcomed by campaigners, who said ‘modern crimes require modern legal tools’.
Domestic abuse charity Women’s Aid has previously claimed there is an ‘urgent need’ for better law enforcement to deal with revenge porn.
The proposed legislation potentially also covers cases of ‘sexting’ – the swapping of intimate images by text – and might be used in cases where one recipient then goes on to share the picture.
Children’s welfare groups have previously warned that sexting is rife in secondary schools, with girls sometimes under pressure to take part.
Tanya Rhodes, of Scottish Women’s Aid, said: ‘ We have worked with partners in the justice system to look at whether existing laws are sufficient to handle the crimes involved in revenge porn cases.
‘No woman should be made to feel ashamed for what has gone on within an intimate relationship, nor should it be used to abuse, control or humiliate her.
‘Revenge porn is an extreme betrayal of trust and is rapidly emerging as one of the most spiteful crimes of the online generation. Modern crimes require modern legal tools, and we support the Lord Advocate’s call for a review.’
In February, a scorned husband who posted pictures of his scantily clad wife on an Edinburgh school noticeboard, trees and lamp-posts pleaded guilty at Edinburgh Sheriff Court to distributing offensive pictures of his wife.
A sheriff told Ian Cuthbert, of Broxburn, West Lothian, what he had done was ‘a form of assault’.
Cuthbert, 46, posted the fliers showing his wife Alison, 34, in her underwear last September after hearing allegations his wife had been in a relationship with another man.
Five states in the US have approved legislation which makes it a crime to disseminate revenge porn – punishable by a fine or a two-year jail sentence.
A Police Scotland spokesman said: ‘Police Scotland recognises revenge porn as a serious form of abuse and a terrifying experience for victims.
‘Police Scotland is committed to providing a robust response and is working with Scottish Women’s Aid and other key partners to develop a policy.’
A Scottish Government spokesman said: ‘ There are existing criminal offences which can be used to prosecute people posting or distributing revenge pornography, i ncluding blackmail, breach of the peace and improper use of a public electronic communications network.
‘There may be advantages to the creation of a specific criminal offence relating to revenge pornography and the Scottish Government will give this matter careful consideration.’