Judicial approaches to combating 'revenge porn': a multi-jurisdictional perspective. Issue 3 (3rd July 2018)

• Record Type: Journal Article
• Authors: Haynes, Jason
• Is Part Of: Commonwealth law bulletin. Volume 44:Issue 3(2018)
• Page Start: 400
• Page End: 428
• Publication Date: 2018-07-03
• Subjects: Law -- Commonwealth countries -- Periodicals; 349.11241
• DOI: 10.1080/03050718.2019.1635034
• Languages: English
• ISSNs: 0305-0718

Abstract

Abstract : This article aims to provide a nuanced articulation of the challenges and complexities associated with the various judicial approaches countenanced across multiple jurisdictions to date toward combating the phenomenon colloquially referred to as 'revenge porn'. The article's central argument is that although the scope of several civil causes of action, such as breach of confidence, defamation, copyright and invasion of privacy, have been expanded in recent years to accommodate the evolving dynamics of revenge porn, a number of theoretical and practical issues nonetheless arise, which courts across various jurisdictions, including Australia, Canada, the UK, the USA, New Zealand and the Commonwealth Caribbean, have struggled to treat with. The article concludes by asserting that notwithstanding the important role played by civil causes of action in vindicating the rights of victims of revenge porn, legislative intervention remains invaluable.