Bill To Make ‘Revenge Porn’ A Criminal Offence
A new bill introduced in the House to address revenge porn “introduces criminal offences and penalties relating to the non-consensual sharing, or threat of sharing, intimate images and prohibited visual recordings,” Attorney-General Kathy Lynn Simmons said in the House of Assembly today [March 19].
The Attorney-General explained that the Criminal Code Amendment [Non-Consensual Sharing of Intimate Images] Act 2021 “introduces criminal offences and penalties relating to the non-consensual sharing, or threat of sharing, intimate images and prohibited visual recordings, as well as the offences of observing or making recordings in breach of a person’s privacy.”
“In our twenty-first century world, a new form of technology-facilitated abuse has emerged that is commonly known as ‘revenge porn’.” she said. “The relevant offences proposed within the Bill for inclusion in the Criminal Code Act 1907 are:
- Observations or recordings in breach of privacy;
- Distributing intimate images;
- Distributing prohibited visual recordings; and
- Threats to distribute intimate images or prohibited visual recordings.
“To operate as an appropriate deterrent, and to ensure the seriousness of the offences is understood by the public, the penalties for all offences are up to three years on summary conviction and up to five years on indictment.
“Victims of the crimes being created are likely to want to have a remedy in law that can help stop the distribution of the offending images and have them deleted altogether. In this regard, provisions are made in the Bill to allow the court to make a ‘rectification order’ ordering the removal, retraction recovery, deletion or destruction of any offending images after a successful prosecution.
“It is anticipated, Mr. Speaker, that this new law will directly protect victims of ‘revenge porn’ and others whose privacy would be violated by misuse of intimate images and private recordings. ”
The Minister’s full statement follows below:
Mr. Speaker, I am pleased to table in this Honourable House the Bill entitled the “Criminal Code Amendment [Non-Consensual Sharing of Intimate Images] Act 2021”.
This Bill introduces criminal offences and penalties relating to the non-consensual sharing, or threat of sharing, intimate images and prohibited visual recordings, as well as the offences of observing or making recordings in breach of a person’s privacy.
Mr. Speaker, in our twenty-first century world, a new form of technology-facilitated abuse has emerged that is commonly known as ‘revenge porn’. Revenge porn typically occurs when someone shares, or makes threats to share, intimate images of a person without the person’s consent. Increasingly, intimate images are being recorded and stored on our smart phones. This means that in an instant an intimate image can be uploaded to a social media platform, forwarded or broadcast at the swipe of a finger with little concern about the longstanding consequences or harm to the person captured in the image. In no time at all, an intimate image uploaded to the internet can ‘trend’ or become ‘viral’ in an instant and is exceedingly difficult to remove permanently from the internet.
Sadly, Mr. Speaker, weaponising intimate images, created under the trusting sanctity of a romantic relationship, can be used as a tool to inflict revenge when the relationship breaks down. Even though the intimate images may have been obtained in a consensual context, the parties are unlikely to have consented for the intimate images to be shared with third parties outside the relationship. Oftentimes, the associated threats may be to distribute the intimate images to a specific person or persons to cause the maximum harm to the recorded person. Intimate images can also be distributed without any forewarning threats.
Mr. Speaker, in today’s digital world, non-consensual distribution of intimate images can take the simple form of images sent to friends and family of the recorded person. The end result being to expose, humiliate, embarrass or cause reputational damage to the recorded person. Undoubtedly, the stress and trauma imposed on the victims to such acts, and their families, can be far-reaching. In the gravest cases, affected persons have contemplated, attempted or committed suicide because of the associated distress and embarrassment. In some circumstances the threat to distribute intimate images is intended to cause alarm to other affected individuals, not only harm to the person recorded in the intimate image. Whatever the likely or intended harm, once intimate images have been shared digitally without consent, it is difficult or impossible to contain them from spreading like wildfire.
Mr. Speaker, although minimal protections exist addressing the distribution of obscene or indecent images under provisions in the Telecommunications Act 1986, there is a glaring gap in the existing law because the prevailing offences do not sufficiently address intimate images and prohibited visual recordings within the context of revenge porn. There are also no criminal provisions in the existing law that deal specifically with the threat to distribute such images.
We have surveyed other jurisdictions, including Canada, the UK and Australia, who have each introduced specific criminal offences prohibiting the non-consensual distribution, or threatened distribution, of intimate images. Canada’s and Queensland, Australia’s approach to such offences were considered in detail when formulating the policy. Accordingly, Queensland’s approach is primarily modelled in the Bill being tabled today, as their Criminal Code amendments were considered most appropriate for Bermuda. Queensland’s criminal law prohibits the distribution, without consent, of an intimate image of another person in a manner that would cause distress reasonably arising in all of the circumstances. The legislative wording is adopted in this Bill.
Mr. Speaker, you’ve heard me use the terms ‘intimate image’ and ‘prohibited visual recording’. These two terms are germane to the legislative interpretation of the proposed amendments to the Criminal Code Act 1907, and are defined in the Bill. The term ‘intimate image’ includes intimate images that have been digitally altered. Digital alteration can be done to an image to depict intimate sexual activity or private body parts; and digital alteration can also apply when intimate sexual activity or private body parts are obscured, if the person in the image is still depicted in a sexual way.
The term ‘prohibited visual recording’ is also defined in the Bill to deal with circumstances where the recording is made in circumstances where a reasonable adult would expect to be afforded privacy.
Mr. Speaker, the relevant offences proposed within the Bill for inclusion in the Criminal Code Act 1907 are—
- Observations or recordings in breach of privacy;
- Distributing intimate images;
- Distributing prohibited visual recordings; and
- Threats to distribute intimate images or prohibited visual recordings.
Mr. Speaker, to operate as an appropriate deterrent, and to ensure the seriousness of the offences is understood by the public, the penalties for all offences are up to three [3] years on summary conviction and up to five [5] years on indictment.
Mr. Speaker, victims of the crimes being created are likely to want to have a remedy in law that can help stop the distribution of the offending images and have them deleted altogether. In this regard, provisions are made in the Bill to allow the court to make a ‘rectification order’ ordering the removal, retraction recovery, deletion or destruction of any offending images after a successful prosecution.
In closing, Mr. Speaker, this Bill deals only with the criminal aspects of this issue. It achieves this by creating relevant offences and proportionate penalties, ensuring that offenders can be successfully prosecuted and dissuading offending behavior. It is important to note that the criminal law alone, is sometimes a harsh instrument to address contemporary social issues. Deterring the offending behavior and effective punishment must also be augmented with a more holistic societal approach encompassing civil law remedies, public awareness campaigns, education and other community-wide efforts to raise awareness about the associated dangers of recording intimate images. Individually, and collectively, we have a responsibility to be vigilant and discerning about our conduct in digital and online spaces. The assistance of the wider community is paramount to protecting our youth, especially, as they navigate their maturation in a digital, social media, age.
It is anticipated, Mr. Speaker, that this new law will directly protect victims of ‘revenge porn’ and others whose privacy would be violated by misuse of intimate images and private recordings. It will indirectly protect societal values, by upholding privacy and personal protections from the irreparable harm that such violations inevitably impose on others.
Thank You, Mr. Speaker.
