PART 3Miscellaneous
Pornographic or other sexual images
51Disclosing private sexual photographs and films with intent to cause distress
F11
A person commits an offence if—
a
the person discloses, or threatens to disclose, a private sexual photograph or film in which another individual (“the relevant individual”) appears,
b
by so doing, the person intends to cause distress to that individual, and
c
the disclosure is, or would be, made without the consent of that individual.
2
3
It is a defence for a person charged with an offence under this section to prove that he or she reasonably believed that the disclosure was necessary for the purposes of preventing, detecting or investigating crime.
4
It is a defence for a person charged with an offence under this section to show that—
a
the disclosure F4, or threat to disclose, was made in the course of, or with a view to, the publication of journalistic material, and
b
he or she reasonably believed that, in the particular circumstances, the publication of the journalistic material was, or would be, in the public interest.
5
It is a defence for a person charged with an offence under this section to show that—
a
he or she reasonably believed that the photograph or film had previously been disclosed for reward, whether by F5the relevant individual or another person, and
b
he or she had no reason to believe that the previous disclosure for reward was made without the consent of F5the relevant individual.
6
A person is taken to have shown the matters mentioned in subsection (4) or (5) if—
a
sufficient evidence of the matters is adduced to raise an issue with respect to it, and
b
the contrary is not proved beyond reasonable doubt.
7
For the purposes of subsections (1) to (5)—
a
“consent” to a disclosure includes general consent covering the disclosure, as well as consent to the particular disclosure, and
b
“publication” of journalistic material means disclosure to the public at large or to a section of the public.
F67A
Where a person is charged with an offence under this section of threatening to disclose a private sexual photograph or film, it is not necessary for the prosecution to prove—
a
that the photograph or film referred to in the threat exists, or
b
if it does exist, that it is in fact a private sexual photograph or film.
F78
A person charged with an offence under this section is not to be taken to have intended to cause distress by disclosing, or threatening to disclose, a photograph or film merely because that was a natural and probable consequence of the disclosure or threat.
9
A person guilty of an offence under this section is liable—
a
on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both), and
b
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both).
10
Schedule 4 makes special provision in connection with the operation of this section in relation to persons providing information society services.