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Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: 'Revenge Porn' and the Actio Iniuriarum: Using 'Old Law' to Solve 'New Problems'
Author(s): Brown, Jonathan
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Keywords: revenge porn
Issue Date: Sep-2018
Date Deposited: 12-Sep-2022
Citation: Brown J (2018) 'Revenge Porn' and the Actio Iniuriarum: Using 'Old Law' to Solve 'New Problems'. <i>Legsl Studies</i>, 38 (3), pp. 396-410.
Abstract: ‘Revenge porn’ is conceptualised as a modern phenomenon which the law is not equipped to deal with. The advent of smartphone technology has allowed sexually explicit material to be created easily and disseminated quickly. An increasing number of individuals have fallen victim to this phenomenon in recent years. This paper submits that victims of revenge porn ought to be held due monetary redress in the civil law, while acknowledging that the damage done by revenge porn need not necessarily involve a loss. Victims of revenge porn are likely to suffer from severe emotional distress and upset, but these injuries are non-patrimonial. This can consequently make it difficult to frame an action for damages. This paper asks if the delict iniuria might offer appropriate remedy in instances of revenge porn. The actio iniuriarum was, in Roman law, a delict which served to protect the non-patrimonial aspects of a person's existence – ‘who a person is rather than what a person has’. As the propagation of sexually explicit images of an individual without their consent is clearly an affront to the esteem of that individual, it is argued that instances of revenge porn ought to be considered actionable as iniuria in modern Scottish law.
DOI Link: 10.1017/lst.2018.8
Rights: This article has been published in a revised form in Legal Studies This version is published under a Creative Commons CC-BY-NC-ND. No commercial re-distribution or re-use allowed. Derivative works cannot be distributed. © The Society of Legal Scholars 2018.
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