Revenge Porn Law in the UK: Offences, Penalties and Legal Defences 

What Is Revenge Porn Under UK Law?

“Revenge porn” is a common term used to describe the sharing of intimate images or videos without the consent of the person shown.

These images may include: 

• Photographs 
• Videos 
• Digital recordings 
• Images shared via messaging apps or social media 

In many cases, the image may originally have been shared privately, such as within a relationship. Legal issues arise where that image is later shared, or threatened to be shared, without consent.

In UK law, this behaviour is referred to as disclosing private sexual photographs or films without consent. 

The offence is designed to address the serious emotional and reputational harm caused when intimate images are shared publicly or among wider audiences. 

The Law on Disclosing Private Sexual Images

The primary legislation governing revenge porn offences is Section 33 of the Criminal Justice and Courts Act 2015. 

Under this law, it is a criminal offence to disclose a private sexual photograph or film if: 

• The disclosure is made without the consent of the individual shown, and 
• The disclosure is made with the intention of causing distress. 

The older offence under Section 33 of the Criminal Justice and Courts Act 2015 applied to disclosing private sexual photographs or films with intent to cause distress.

That older framework may still be relevant to offences committed before the law changed, but current allegations are more likely to be considered under the newer Sexual Offences Act provisions.

What Must the Prosecution Prove?

The prosecution must prove the relevant elements of the offence beyond reasonable doubt.

These include: 

Disclosure of an Image

There must be evidence that the defendant shared or distributed the image. 

This could include: 

• Sending the image via messaging apps 
• Uploading it to social media 
• Sharing it with others online 
• Distributing it through email or online forums. 

Even sending the image to a single individual may amount to disclosure. 

The Image Was Private and Sexual 

The prosecution must show that the image qualifies as a private sexual photograph or film under the legislation. 

This may involve looking at what the image shows, the surrounding context and whether it appears to show the person in an intimate state.

Lack of Consent

The prosecution may need to prove that the person shown did not consent to the sharing.

Consent to take, receive, or possess an image does not automatically mean consent to share it more widely.

Intent to Cause Distress

A crucial part of the offence is proving intent to cause distress. 

The prosecution must show that the accused shared the image with the purpose of causing emotional harm. 

These issues can be fact-specific and often depend on messages, surrounding conduct and digital evidence.

Possible Defences to Revenge Porn Allegations

Every case is different, and a number of legal defences may arise depending on the circumstances. 

Some possible defence arguments include: 

Lack of Intent

If there was no intention to cause distress, the offence may not be proven. 

For example, the image may have been shared without awareness of the likely consequences. 

Consent to Disclosure

If the person in the image cannot be clearly identified, the prosecution may struggle to establish that the offence applies. 

Lack of Identification

The person shown in the image must not have consented to the disclosure. 

Consent to take or possess the image does not automatically mean consent to share it. 

Image Not Private or Sexual

A defence may arise where the image does not meet the legal definition of a private sexual photograph or film. 

Courts will examine the content and context carefully when determining this issue. 

What To Do If You Are Accused of Revenge Porn

Being accused of sharing intimate images can be stressful. It is important to respond carefully.

Investigations may involve: 

• Police interviews 
• Digital evidence examination 
• Analysis of social media activity 
• Recovery of deleted files. 

You should avoid contacting the complainant about the allegation, deleting evidence, or discussing the case online.

Statements, messages, or posts made during an investigation may later be used in court proceedings.

How a Criminal Defence Solicitor Can Help

Allegations involving intimate images often involve sensitive facts and complex digital evidence.

A criminal defence solicitor can assist by: 

• Analysing the evidence 
• Challenging the prosecution’s case 
• Advising on legal defences 
• Representing you during court proceedings. 

Early legal advice can be crucial in protecting your position and ensuring your rights are respected throughout the investigation. 

If you are facing an allegation involving the sharing or threatened sharing of intimate images, contact our team to discuss your situation confidentially.