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Mitchell, Justine (2014)
Publisher: Sweet & Maxwell
Languages: English
Types: Article
Subjects: M114, M111
The article reviews current privacy laws in the context of “Revenge Porn”. Given the speed at which images are published online, the article highlights the futility of breach of confidence and other civil actions in preventing publication at the outset. Furthermore, private law is expensive offering little protection against the victim’s humiliation. The article proposes that non-consensual pornography should be criminalised under the Coroners and Justice Act 2009 by way of a Statutory Instrument: Misuse of Private Information 2014.
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    • 82 A v B Plc [2002] EWCA Civ 337 at [7] per Lord Woolf C.J.
    • 83 A v B Plc [2002] EWCA Civ 337 at [43(v)].
    • 84 Campbell v Mirror Group Newspapers Ltd [2004] UKHL 22; [2004] 2 A.C. 457; A v B Plc [2002] EWCA Civ 337; [2003] Q.B. 195; Mosley v News Group Newspapers Ltd [2008] EWHC 1777 (QB); [2008] E.M.L.R. 20.
    • 85 Mary Ann Franks, “Combating Non-Consensual Pornography: A Working Paper” (December 2013), (8) (fn.17) citing Tracy Clark-Flory, Salon.com, “Criminalizing Revenge Porn,” April 6, 2013 at http://ssrn.com/abstract=2336537 [Accessed September 15, 2014].
    • 86 See Select Committee on Communications, Social media and criminal offences (2014-15, HL 37), para.11.
    • 87 See above.
    • 88 European Convention of Human Rights art.10.
    • 89 Centre for Crime and Justice Studies at www.crimeandjustice.org.uk/resources/purpose-criminal-justice-system [Accessed September 15, 2014].
  • No related research data.
  • No similar publications.

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