Cyber-Misogyny: Should ‘Revenge Porn’ be Regulated in Scotland, and if so, how?

Abstract

This paper aims to assess whether ‘revenge porn’ merits regulation in Scotland, and, if so, how this ought to be achieved. In doing so, this paper critically assesses ‘revenge porn’ from feminist perspectives to highlight the harms caused by the conduct, analyses the extent to which victims are adequately protected by the current legislative framework in Scotland, and discusses whether criminalisation is the most desirable method of regulation. Finally, an indepth comparative analysis of approaches to criminalisation in several other jurisdictions seeks to ascertain how Scottish legislation addressing ‘revenge porn’ could be effectively drafted. The paper concludes that ‘revenge porn’ is a form of “cyber-misogyny”: one online example of gendered hatred, harassment and abuse primarily directed towards women and girls. In light of the severity of this behaviour, it’s destructive impact on individual victims and on society as a whole; it is argued that criminalisation is the most appropriate method of regulation.