Combatting Non-Consensual Pornography: A Comparative Study

Non-consensual pornography, colloquially known as “revenge porn,” has witnessed a troubling proliferation across various jurisdictions, carrying profound and often devastating repercussions for its victims. This paper conducts an in-depth review of the revenge porn laws with reference to identified key elements in such laws, namely, actus reus and the mens rea of the offence, rules relating to platform liability, victim protection and available remedies and penalties. As such the study is conducted in respect of laws in the United States, the United Kingdom, Singapore, India, Australia and Sri Lanka and finds that there is commonness as well as some diversity in the approaches. While the actus reus element underlying these legal frameworks exhibits some degree of uniformity, significant disparities emerge with regard to the mens rea requirement. Notably, jurisdictions such as the UK and US exhibit more limited scopes, a limitation compounded in the US by the provision of special immunities to Internet Service Providers (ISPs) and website/platform hosts. The paper also highlights the importance of adopting a comprehensive two-pronged strategy, encompassing both civil reliefs and penal laws to effectively fight NCP. As such, the paper attempts to provide an overall account of what would be the most effective legal approach in relation to the key components identified therein in the background of some common challenges posed by the inherent nature of NCP in this digital age. Keywords: Non-consensual Pornography; Revenge Porn; United States; United Kingdom; Singapore; India; Sri Lanka