An Examination of the offence of “Non-Consensual Pornography”: In search of an Effective Law

Abstract

This paper conducts a comprehensive analysis of revenge porn legislation, focusing on essential components such as actus reus and mens rea of the offence, platform liability, victim protection, and the remedies and penalties available. Non-consensual pornography, commonly referred to as “revenge porn,” has experienced a concerning increase across multiple jurisdictions, resulting in significant and often catastrophic consequences for its victims. The study examines the laws of the United States, the United Kingdom, Singapore, India, and Sri Lanka, revealing both similarities and differences in their approaches. Although the actus reus component of these legal frameworks demonstrates a certain level of consistency, notable differences arise concerning the mens rea requirement. Jurisdictions like the UK and US demonstrate restricted scopes, a limitation further exacerbated in the US by the granting of special immunities to Internet Service Providers (ISPs) and website/platform hosts. The paper underscores the necessity of implementing a comprehensive dual strategy that includes both civil remedies and criminal legislation to effectively combat NCP. This paper seeks to offer a comprehensive analysis of the most effective legal strategy concerning the key components identified, against the backdrop of prevalent challenges arising from the intrinsic characteristics of NCP in the digital era.