Sharing intimate images offence comes into force

People who share intimate images without consent from today (3 July) onwards, could find themselves facing a prison term of up to five years under a new law now in force.

The offence of "disclosing, or threatening to disclose, an intimate photograph or film", part of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is aimed at those who sharing intimate images or films of a current or former partner without their permission. (Sharing of materials such as private text messages and emails is dealt with under separate legislation.)

A hard-hitting public awareness campaign will drive home the serious consequences of such behaviour, sometimes known as "revenge porn". The campaign has been developed in partnership with Scottish Women’s Aid, Rape Crisis Scotland, Zero Tolerance, Police Scotland and the Crown Office.

Marsha Scott, chief executive of Scottish Women’s Aid, commented: “So called ‘revenge porn’ is not about revenge, and it’s not about porn. It’s about power, control and humiliation. Sharing, or threatening to share intimate pictures or videos of someone without their consent causes devastating harm to victims and it is absolutely right that the law should reflect this.

“Our research on this showed that most victims of this crime suffered long term anxiety, and some mentioned feelings of self-harm and suicide because their intimate images were shared without their consent. The fear and anxiety it creates can creep into every corner of a victim’s life and relationships. It’s absolutely unacceptable and it is never the victim’s fault. Support will always be available for anyone affected through Scotland’s Domestic Abuse and Forced Marriage Helpline on 0800 027 1234.”

Justice Secretary Michael Matheson added: “There is no place for this abusive and manipulative behaviour in Scotland, and the threat of sharing images without consent will be viewed just as seriously as the act of sharing. The maximum penalty of up to five years reflects the serious nature of this crime and anyone who shares or threatens to share an intimate image without consent will feel the full force of the law.”