Clarification
is needed on the law around "revenge porn" and when it could lead to
a prosecution, a committee of peers has said. The practice involves people
posting sexually explicit pictures and videos of former partners on websites
and social networks after they split up. Last week the Justice Minister, Lord
Faulks, admitted that revenge pornography was a growing problem and said the
government was urgently considering new laws to tackle it. Now the House of Lords
Communications Committee, in a review of the laws on social
media crime,
has called on the director of public prosecutions to clarify when the practice
becomes a criminal offence.
In
the report they said: "We would welcome clarification from the DPP as to
the circumstances in which an indecent communication could and should be
subject to prosecution under Section 127 of the Communications Act 2003 or
Section 1 of the Malicious Communications Act 1988." The peers said that
current laws, most of which pre-dated social media such as Facebook, Twitter
and YouTube, were "generally appropriate" and prosecutions could be
brought under the Communications Act 2003, Malicious Communications Act 1988
and the 1997 Protection from Harassment Act. The report also outlines some
measures to better protect victims, pointing to schools, parents and the social
media sites themselves.
The committee,
chaired by Lord Richard Best, said: "We encourage website operators
further to develop their ability to monitor the use made of their services. In
particular, it would be desirable for website operators to explore developing
systems capable of preventing harassment, for example by the more effective
real-time monitoring of traffic.
"Our
inquiry is limited to consideration of the law. It strikes us though that
parents and schools have a responsibility generally to educate children. Children
need to be taught that being horrid online is just as wrong and hurtful as
being horrid face to face." Lord Faulks has called the practice
"cowardly and despicable" and peers called for a clause to be
inserted into the Criminal Justice and Courts bill. 'Revenge porn' laws must be
clearer, say Lords

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