Guidelines on prosecuting the offence of disclosing private sexual photographs and films
Cases involving ‘revenge pornography’ may fall to be considered under the social media guidelines and under the following legislation:
- Stalking and harassment offences under S2, S2a, S4, S4a of the Protection from Harassment Act 1997. Further guidance is available here.
- Sending a communication that is grossly offensive, indecent, obscene, menacing or false under Section 127 of the Communications Act 2003. Further guidance is available here.
- Sending a communication that is grossly offensive, indecent, obscene, conveys a threat or is false, with intent to cause distress or anxiety, under Section 1 Malicious Communications Act 1988. Further guidance is available here.
- Offences under Section 1 of the Protection of Children Act 1978 (where the image was taken before the subject turned 18).
- Unauthorised access to computer material under Section 1 of the Computer Misuse Act 1990 (where the images have been obtained through computer hacking).
Guidelines on prosecuting cases involving communications sent via social media is available here.