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'Revenge porn': Peers urge greater clarity on guidelines 'Revenge porn' law not needed, say peers
(about 1 hour later)
More clarification is needed about the circumstances in which "revenge porn" cases can be prosecuted, peers say. Calls to create a new criminal offence of "revenge porn" have been rejected by a House of Lords committee.
The practice occurs when people post explicit images of former partners online to humiliate them following a break-up. The peers said existing indecency and harassment laws were sufficient to deal with offences committed on social media.
Some MPs have called for "revenge porn" to be made a specific criminal offence. But, they added, police and prosecutors needed better guidance on using the laws to secure convictions.
The House of Lords Communications Committee said existing laws were generally "fit for purpose" for dealing with various offences on social media. 'Revenge porn' is when people post explicit images of ex-partners online to humiliate them following a break-up.
But it urged the Director of Public Prosecutions to update guidance on when an "indecent communication" online should lead to criminal proceedings. One victim, Hannah, who is 21, told BBC Radio 1's Newsbeat earlier this month she felt "lost and alone" after her ex-boyfriend posted pictures of her on Tumblr but police said there was nothing they could do.
The National Stalking Helpline, Women's Aid and the UK Safer Internet Centre all say the problem has become more common.
Greater protection
It has led to calls from some campaigners, including Liberal Democrat MPs and peers, for the UK to follow the example of a number of states in America, where specific laws aimed at stopping revenge porn have been introduced.
Ministers have acknowledged that revenge porn is a growing problem and say they are open to changing the law if there is public and parliamentary support for such a move.Ministers have acknowledged that revenge porn is a growing problem and say they are open to changing the law if there is public and parliamentary support for such a move.
'Complex' But the House of Lords Communications Committee said existing legislation and guidelines for prosecutors were adequate to ensure those involved in revenge porn, trolling, cyber bullying and other online offences could be prosecuted.
In an analysis of the state of the law relating to social media crime, the peers said existing legislation and guidelines for prosecutors were adequate to ensure those involved in revenge porn, trolling, cyber bullying and other online offences could be prosecuted.
Although the laws pre-dated the emergence of Facebook, YouTube, Twitter and other outlets, it said prosecutions could be brought under the 2003 Communications Act and the 1997 Protection from Harassment Act.Although the laws pre-dated the emergence of Facebook, YouTube, Twitter and other outlets, it said prosecutions could be brought under the 2003 Communications Act and the 1997 Protection from Harassment Act.
However, the committee called for a number of steps to give greater protection to victims:However, the committee called for a number of steps to give greater protection to victims:
The committee heard evidence from lawyers, police chiefs and campaigners - several of whom said creating a new criminal offence, to add to the already confusing mix of laws in this area, would not have the desired effect of curbing "revenge porn" and could inhibit free expression.
Gabrielle Guillemin, legal officer of international free speech campaign Article 19, told peers: "We have seen a lot of legislation, for example in the United States, to address this particular issue, but you would question whether it is for the criminal law to get involved in what is very often, ultimately the fallout of failed relationships."
Lord Best, the crossbench peer who chairs the committee, said ministers and law enforcement authorities must be careful to strike a balance between respecting freedom of expression and upholding the law.Lord Best, the crossbench peer who chairs the committee, said ministers and law enforcement authorities must be careful to strike a balance between respecting freedom of expression and upholding the law.
"Cyber bullying, revenge porn, trolling and virtual mobbing are new phrases in our media vocabulary but they generally describe behaviour that is already criminal," he said."Cyber bullying, revenge porn, trolling and virtual mobbing are new phrases in our media vocabulary but they generally describe behaviour that is already criminal," he said.
"It is a complex subject but we feel that legislation, as it currently exists, is generally fit for purpose and doing the job, even though it was drafted before the social media were first invented.""It is a complex subject but we feel that legislation, as it currently exists, is generally fit for purpose and doing the job, even though it was drafted before the social media were first invented."
But the peer, a former chief executive of the Joseph Rowntree Foundation, said existing legislation was not perfect and improvements should be made.But the peer, a former chief executive of the Joseph Rowntree Foundation, said existing legislation was not perfect and improvements should be made.
"The Director of Public Prosecutions' guidance is very good but we would like clarification as to when a person who sends an indecent communication could and should be prosecuted."The Director of Public Prosecutions' guidance is very good but we would like clarification as to when a person who sends an indecent communication could and should be prosecuted.
"We encourage websites to speed up processing law enforcement requests for identities, to develop further their ability to monitor the use of their services and to build on the effectiveness of measures already in place to enable people using social media platforms to protect themselves.""We encourage websites to speed up processing law enforcement requests for identities, to develop further their ability to monitor the use of their services and to build on the effectiveness of measures already in place to enable people using social media platforms to protect themselves."
'High threshold''High threshold'
Guidelines published by former DPP Keir Starmer made a distinction between communications "that should be robustly prosecuted, such as those that amount to a credible threat of violence, a targeted campaign of harassment against an individual or which breach court orders, and those communications which may be considered "merely offensive and grossly offensive".Guidelines published by former DPP Keir Starmer made a distinction between communications "that should be robustly prosecuted, such as those that amount to a credible threat of violence, a targeted campaign of harassment against an individual or which breach court orders, and those communications which may be considered "merely offensive and grossly offensive".
There should be a "high threshold", he said, for prosecution of cases involving communications considered grossly offensive, indecent, obscene or false as a recognition of the "chilling effect" that the standard prosecution of such cases could have on freedom of expression.There should be a "high threshold", he said, for prosecution of cases involving communications considered grossly offensive, indecent, obscene or false as a recognition of the "chilling effect" that the standard prosecution of such cases could have on freedom of expression.
Two peers, Lord Marks and Baroness Grender, have put forward an amendment to the government's Criminal Justice and Courts Bill which would allow for a one-year jail term for the publication of explicit images of ex-partners without their knowledge and consent.Two peers, Lord Marks and Baroness Grender, have put forward an amendment to the government's Criminal Justice and Courts Bill which would allow for a one-year jail term for the publication of explicit images of ex-partners without their knowledge and consent.
Legislation criminalising the practice has been introduced in the US states of Texas, Utah, Wisconsin, New York, Maryland, California and New Jersey.Legislation criminalising the practice has been introduced in the US states of Texas, Utah, Wisconsin, New York, Maryland, California and New Jersey.
However, the laws in California do not cover self-taken shots, which some campaigners claim may represent up to 80% of all revenge porn.However, the laws in California do not cover self-taken shots, which some campaigners claim may represent up to 80% of all revenge porn.
Are you affected by this issue? What would a change in the law mean for you? You can email your experiences to haveyoursay@bbc.co.uk, using the subject line 'Revenge porn'.Are you affected by this issue? What would a change in the law mean for you? You can email your experiences to haveyoursay@bbc.co.uk, using the subject line 'Revenge porn'.