Frank Mulholland QC, Scotland’s most senior law officer, is calling for the introduction of specific laws to deal with people posting “revenge porn” online. While the country does have legislation allowing these people to be held accountable for their actions, the problem is growing and dedicated legislation would help address the issue, potentially encouraging more victims to report such actions.
“Revenge porn” is the phrase coined for explicit images or videos distributed by people for the purpose of distressing, humiliating or manipulating their former partner. A typical case involves posting the material online but sometimes perpetrators threaten to send it to friends, family members or co-workers.
Mulholland, who holds the title of The Lord Advocate, said that five individuals had been convicted under existing legislation but Scotland needs specific laws to curb the rise in this unacceptable behaviour, the Courier reported. Parliament should consider the issue so that people contemplating such acts would be held back by the threat of custodial sentences, Mulholland added.
According to a government spokesman, existing legislation makes it possible to prosecute revenge porn distributors for several criminal offences; these can include blackmail, breach of the peace, stalking, threatening/abusive behaviour and the misuse of a public electronic communications network. However, the government is constantly reviewing criminal laws to ensure the justice system is operating effectively. The introduction of a specific criminal offence in relation to revenge pornography undoubtedly has the potential to help tackle the issue. The government is therefore considering the matter carefully, the spokesman added.