Re:Revenge porn: More than 200 prosecuted under new law
by pjc50 on Tuesday September 06, 2016 @06:57AM
(#12435022)
A useful step. It's worth carefully parsing this section:
"(5)In proceedings for an offence under subsection (1), A has a defence if the following matter is established—
(a)B was in the intimate situation shown in the photograph or film,
(b)B was not in the intimate situation as a result of a deliberate act of another person to which B did not agree, and
(c)when B was in the intimate situation—
(i)B was in a place to which members of the public had access (whether or not on payment of a fee), and
(ii)members of the public were present."
.. which is kind of clunkily worded, but seems to be there to provide a defence for people taking photos of those voluntarily exposing themselves in public. I'm not quite sure how this will be applied to tabloid telescopic voyeurism. A sufficiently aggressive prosecutor could either kill the Daily Mail overnight or force them to admit that most of their "snaps" are in fact staged publicity.
"(5)In proceedings for an offence under subsection (1), A has a defence if the following matter is established—
(a)B was in the intimate situation shown in the photograph or film,
(b)B was not in the intimate situation as a result of a deliberate act of another person to which B did not agree, and
(c)when B was in the intimate situation—
(i)B was in a place to which members of the public had access (whether or not on payment of a fee), and
(ii)members of the public were present."
.. which is kind of clunkily worded, but seems to be there to provide a defence for people taking photos of those voluntarily exposing themselves in public. I'm not quite sure how this will be applied to tabloid telescopic voyeurism. A sufficiently aggressive prosecutor could either kill the Daily Mail overnight or force them to admit that most of their "snaps" are in fact staged publicity.