It's Time The Government Recognised The Harm Of Upskirting And Image-based Sexual Abuse
In this article, Clare McGlynn and Kelly Johnson argue “We all need to recognise the enduring and constant nature of the harms of upskirting, ‘revenge porn’ and all forms of image-based sexual abuse. Too often, they are dismissed as not that significant.” Read the article here.
No Woman In A Public Place Is Free From The Risk Of Upskirting
Clare McGlynn’s research shows that it is necessary to take action to criminalize the taking and sharing of various forms of non-consensual private, sexual images – including upskirting. In this article, Clare McGlynn and Fiona Vera-Gray argue that “These videos contribute to a cultural context where the taking and sharing of private sexual videos is seen as a legitimate sexual practice, rather than a form of sexual violence”. Read the full text here.
Cyberflashing can be frightening and humiliating for women – so why isn’t it a crime?
In this article, Clare McGlynn argues that cyberflashing should be taken seriously and “Any new law must frame cyberflashing as a sexual offence, recognising its nature and harms, granting victims anonymity and protections in court, and permitting suitable sentencing options.” Read the article here.
Sexual abuse happens online, too – but current laws leave too many victims unprotected
Although new laws were enacted in the past five years, the victims are not fully protected. While the Law Comission’s review is ongoing, Clare McGlynn mentioned three points to be addressed
- Extend current law to include threats and deepfake porn.
- Recognise image-based sexual abuse as a sexual offence.
- Support victim-survivors to take back control.
Read the full article here.
CPS Guidelines on Social Media Cases follow Recommendation of Centre for Gender Equal Media
The CPS has issued new guidelines on prosecuting cases involving social media which no longer use the term ‘revenge porn’, following the recommendation made during the consultation by Durham Law School’s Professor Clare McGlynn and the Centre for Gender Equal Media. The GEM Centre argued that the term ‘revenge pornography’ refers only to one, albeit pernicious, form of abuse and it also unduly focuses on the perceived actions of the victim (producing ‘porn’), rather than on the perpetrator who shared images without consent.
Clare McGlynn Speaks to BBC Radio's Jeremy Vine about 'Revenge Porn'
Clare McGlynn spoke to the BBC Radio 2 Jeremy Vine show today about 'revenge pornography' and the Crown Prosecution Service report on prosecutions. Clare welcomed the current law but argued that the law needs to be strengthened to protect victims. Automatic anonymity must also be granted to all complainants of revenge pornography, as advocated by the Centre for Gender Equal Media at Durham University.
For more information on the work to strengthen the law and protect victims of image-based sexual abuse, including revenge pornography, see here.
Press Release: New Poll Finds 75% of Public Seeks Automatic Anonymity for ‘Revenge Porn’ Victims
It is reported that in an ICM poll, 75% of men and women questioned supported campaigners who want victims’ identities to be protected after an allegation of ‘revenge porn’ is made to police. The poll by ICM questioned 2,048 people who were asked if victims of revenge pornography should have the same anonymity as victims of other sexual offences. Male respondents were 72% in favour while 77% of women supported anonymity; an average of 75% in support.
Read the press release by GEM in full here.
GEM Proposals to Strengthen Law on ‘Revenge Porn’ to be Debated in Parliament
Following the launch of our campaign to amend the law on Image-Based Sexual Abuse (so-called ‘Revenge Porn’), we have been working with the Liberal Democrats and Women’s Equality Party on amendments to the Government’s Policing and Crime Bill.
We are pleased that our proposed amendments have been supported by the Women’s Equality Party and taken forward by the Liberal Democrats who have proposed amendments based on our campaign. The amendments will ensure:
- Anonymity for all revenge porn complainants
- Expansion of the current law to include disclosure of private sexual images where the perpetrator is ‘reckless' as to whether it will cause the victim distress
- Clarification of meaning of ‘sexual’ to include “pornographic photoshopped” images
Clare McGlynn says “I urge the Government to embrace this opportunity to clarify and expand the current law to better protect victims of image-based sexual abuse. It is vital the law focuses on the significant harms image-based sexual abuse causes victims, rather than the motives of perpetrators, in order to effect cultural change”.
The amendments, proposed by Liberal Democrat MP, Alistair Carmichael was debated by MPs on 13 June 2016.
More than just ‘revenge porn’: tackling the misuse of private sexual images
In this article, Clare McGlynn and Erika Rackley argue that ‘The law must focus on the many and varied harms suffered by the victim – and less on the intention of the perpetrator. For it is only by doing this that it will avoid the genuine justice lottery in the current law.’ Read the Holyrood article here.
Reports Of ‘Revenge’ Pictures And Videos On The Rise
Clare McGlynn responds to the reports of a rise in image-based sexual abuse in the Metro Radio News."Revenge pornography is probably on the increase, we don't really know statistics for definite but it's certainly a growing phenomenon. People are now more aware that there is a law against revenge pornography so they are not suffering in silence." Read here.
Old Problems, New Media: Revenge Porn and the Law
Clare McGlynn takes part in an Oxford Rights Hub podcast. Listen here.
New revenge porn laws should be extended to cover the cruel craze of “upskirting”
Clare McGlynn notes that the new revenge porn laws do not cover “what’s called ‘upskirting’, taking pictures up women’s skirts in public places and then distributing them without their consent.” Read the article of Belfast Telegraph here.
Caution over new revenge porn law (22 April 2015)
Clare McGlynn says “The new law on revenge pornography, therefore, will only have a limited impact. The real challenge is to try to change the culture in which women’s sexual autonomy is not respected and in which the distribution of private images – a fundamental breach of privacy – is condoned.” Read here.
The new law against ‘revenge porn’ is welcome, but no guarantee of success
In this article, Clare McGlynn and Erika Rackley say “while the law is a welcome addition in the array of legal tools with which to tackle the abuse and humiliation of women, what is really needed is cultural change: a shift in societal attitudes so that it is not just the breach of someone’s privacy by maliciously distributing private images – sexual or otherwise – that is condemned, but also the culture of hostility and aggression that feeds and underpins it.” Read the full text here.
EVAW: Rape pornography and revenge pornography criminalised
End Violence Against Women (EVAW) comment on the new law. Clare McGlynn says “Rape pornography provides the cultural context in which sexual violence proliferates and is not taken seriously. The Government must now publicise the new law and work with the police and prosecutors to ensure its effective implementation.” Read the full article here.
The Law must focus on consent when it tackles revenge
Clare McGlynn and Erika Rackley (The University of Birmingham) argued that any forthcoming laws on revenge porn had to focus on consent. Read the Conversation article here.
New Laws Needed To Tackle ‘Upskirting’
Clare speaks to Metro Radio about ‘upskirting’ taking place in the North East. Read here.
Durham Law Professors welcome proposed action over revenge pornography
Clare McGlynn and Erika Rackley cautioned that any new legislation should not distract political and public focus away from the harm of revenge pornography. Read here.