Analysing the concept of revenge pornography : through Maltese legislation and jurisprudence

Abstract

Facilitated by developments in technologies, the non-consensual posting of sexually explicit images of someone else for revenge, entertainment or political motive has become a global phenomenon. ‘Revenge Porn’ is the practice of uploading sexually explicit content of an individual to the internet in order to exact some sort of payback by humiliating or intimidating that same individual. During the past years legislation dealing with the concept of revenge pornography has emerged, not only in Malta, but from all over the world, since this has become a common occurrence all over the world. The introduction will mainly deal with how revenge pornography originated and how it has evolved over the past decade taking into consideration how the law has developed in order to act as a remedy against such an ever changing concept. All the elements that make up revenge pornography will be tackled concisely and in detail so as to better understand this notion. The first chapter will examine all the legal remedies available under Maltese Law being either a criminal action or a civil action. Foreign law dealing with revenge pornography will also be looked into especially in other European countries like the United Kingdom, France and Germany so as to contrast and compare the differences with Maltese Law, including also the United States of America. The second chapter will delve into the all the local jurisprudence in connection with revenge pornography and how the Maltese Law Courts have dealt with such cases and taking into consideration how the amendments in the legislation has affected the outcome of the cases. Any relevant foreign case-law and constitutional cases will also be followed up as these might impact local legislation indirectly. In the third chapter a short reference will be made to fundamental human rights in relation to revenge pornography and how these two elements interact with each other. Does the freedom of expression go against the right to privacy? Another powerful tool that falls under the umbrella of the right to privacy is the right to be forgotten which will also be discussed in detail as it is a powerful tool to be used by victims of revenge pornography. The fourth chapter will deal with the research methodology. The research question will be examined. All the limitations including the lack of academic literature and local jurisprudence will be taken into consideration and discussed in further detail. The fifth chapter will be divided into two main sections, one of them tackling how such reports are filed and the process that goes on behind the scenes after the report is lodged and the other section will deal with the practical problems that are faced when prosecuting perpetrators. The sixth and final chapter will be entirely focused on the victims of revenge pornography and the ways in which the latter can be supported in assisted through this rough patch. A growing number of initiatives have surfaced giving the victims the emotional, social, legal and practical help they need. It is not clear whether this trend will grow in frequency and severity and that is why there needs to be more awareness on the subject of revenge pornography.