Hell Hath No Fury

An excellent article in The Law Society Gazette (www.lawgazette.co.uk) 14 July 2014 highlights what they call “revenge attack”.

When a relationship breaks down one party, in possession of intimate images of the other, posts them online in an attempt to punish the other.

Private digital images are routinely swapped between adults in relationships, but on the understanding that they are private.

Unauthorised insemination of intimate material is a breach of the article 8 of human right of privacy. Max Moseley was awarded £60,000, but the phone hacking settlements have been much higher.

There is a case called Vidal-Hall v Google suggests that exemplary/ punitive damages can be awarded on top of actual loss.

Claims can cover for breach of confidence, data protection, harassment and copyright.

Remedies can include an injunction to remove the material and not to put it back again on the web, and then damages.

The current criminal sanction is limited to harassment and that has to be a course of conduct so just one posting may not be sufficient.

There may also be offences however of blackmail or voyeurism, that is sending out grossly offensive threatening message under the Malicious Communications Act 1988.

If you do find yourself in this situation you may want to take expert advice. Have a look at the www.hylton-potts website.

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