The growing phenomenon known as Revenge Porn was recently described in the Law Gazette as;

“the unauthorised and malicious dissemination of intimate images (photographs or video) on the internet”

Is this your story or something similar? Very often the victim of revenge porn is featured naked or having sex in an image taken by themselves or their partner when they were in a relationship. If the relationship does not last or goes sour then images which were seen as acceptable when the relationship was going well suddenly become weapons of embarrassment, hurt and occasionally harassment.

The person who is wishing to exact revenge usually publishes or threatens to publish the image or images via a website, forum or social media platform of some description. The object of publishing is usually to punish, the object of the threat to publish is usually to control.

Injunction

If you have been the victim of revenge porn then you will of course want the offending pictures removed from the public access immediately. We can help you achieve this goal. We will intervene on your behalf by contacting the alleged perpetrators to demand that

  1. the images are removed from the web,
  2. the images are returned and destroyed,
  3. no further publication, dissemination or circulation takes place or
  4. full disclosure of any further dissemination be it deliberate or otherwise is provided.

If the party involved does not comply with this request or fails to enter into dialogue with us then we can apply for an injunction against them on your behalf. This injunction could also be made against an innocent but involved party like a website operator or a social media operator and also against persons as yet unknown to prevent new exposure of the images.

Any injunction we take out on your behalf would be part of a wider action which we need to purse at the same time which would lead to a hearing to decide whether or not you would be eligible to continue the terms of the injunction indefinitely or over a fixed period of time ad also whether or not you would be entitled to any compensation as a result.

Human Rights Breaches

One cause of action against a perpetrator would include a claim for breach of Article 8 of the European Convention of Human Rights of the reasonable expectation of privacy which will usually override any Defendant argument about their rights to freedom of expression under Article 10. The Claimant can claim for injury to feelings and distress. This type of action is usually taken out against the state or body acting on behalf of the state like the police for example.

Misuse of Private Information

In addition there may be a possible claim for misuse of private information (a claim in tort) which would open up the possibility of an award of exemplary damages. Exemplary damages are further awards made by the court over and above the normal level to further compensate the claimant where the Defendant is shown to be guilty of “outrageous conduct”.

To speak to us, entirely in confidence, about any issue call our Head of Media Michael Shaw on 0800 1 444 111 or email him at michaelshaw@cmsolicitors.co.uk . Alternatively you can use the enquiry form situated on this page.

Contact us today on 0800 1 444 111