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‘Private’, in the context of voyeurism, means a specific place conventionally understood as a distinct location, such as the home, toilet or changing room. Further, technological advances have created means of harassment and abuse, such as the taking of private sexual images in public, which do not fit within the traditional confines of voyeurism. Further, while many of the new laws enacted in this area cover some aspects of ‘revenge porn’, most remain restricted in scope and offer only limited redress.Footnote 11 As discussed below, the term is at once too narrow and applied too widely. Put differently, its breadth and flexibility creates a framework in which new experiences can be located and accurately understood as abusive-something which is especially important in this area where modes of perpetration rapidly change due to advances in technology. The commonplace label and reference to ‘peeping’ also serves to minimise the impact and significance of the conduct, as with so many other labels in this area.
Specifically, voyeurism laws tackle a very particular form of conduct, namely spying on ‘private’ acts (conventionally understood) for the purposes of sexual gratification. First, the ‘sexual motive’ requirement precludes those who perpetrate this form of abuse for a myriad of other purposes including causing distress to the victim-survivor, to secure notoriety or bond with a friendship group, or for financial gain (Minting 2016; Newsletter 2015).Footnote 13 In recent years, there have been a number of high profile cases involving the non-consensual recording and distribution of private sexual images in which the perpetrators, while not necessarily involving the necessary mens rea for the offence of voyeurism, have caused their victims significant harms. Such provisions are a clear demonstration of how legal categories based on supposedly isolated forms of conduct and for specific purposes leave many victim-survivors unprotected. Nonetheless, the laws on voyeurism provide a paradigmatic example of existing social and legal categories focussing only on narrowly defined conduct and from a perpetrator’s perspective, thereby failing to reflect the experiences of victim-survivors. In recounting their experiences of harassment and abuse following ‘revenge porn’, victim-survivors have described the harms suffered as a form of sexual assault.
The images are routinely reposted across the Internet, via social media, or on pornography websites including those specially dedicated to ‘revenge porn’. Both debates featured social commentators - journalists and politicians - but neither included a single social scientist. Pierre Bourdieu (1999) referred scathingly to 'doxosophy' - the closed circuit of political discourse engaged in the vague debates of philosophy but without any technical content, a social science reduced to journalistic commentary and opinion polls - whose primary function is to comment on representations as if they were real. TYLER, I (2013) Revolting Subjects: social abjection and resistance in Neoliberal Britain, London: Zed Books. STANDING, Guy (2011) The Precariat: the new dangerous class London: Bloomsbury. PECK, J (2002) Workfare States London: Guilford Press. Thus far, law, policy adult chat and cam; pornvideowebsite.com, public discourse has tended to concentrate on specific categories of activity, harm, or particular motives, often focussing on one particular example, only to find other forms of abuse excluded and ignored. In 2014, for example, over 200 sexual images of women, many well-known celebrities, were hacked or stolen and went viral (Farrell 2014)Footnote 9; and similar hacks occur with regularity (Hyland 2016; Daley 2016). While often labelled ‘revenge porn’, these incidents have also often been granted new monikers by the media-‘Celebgate’ or ‘The Fappening’-terms which invariably serve to minimise the harms experienced by victim-survivors.
I can’t speak to the performers’ mindsets, but I can say I navigated away from a fair percentage of the rooms-easily over half- for this reason. ’ website, which regularly featured ‘revenge porn’, was said to receive over 300,000 unique visitors a day (Lee 2012). Though figures vary, and date quickly, it is estimated that there are around 3000 dedicated ‘revenge porn’ websites (DeKeseredy and Schwartz 2016), and more than 30 sites operating in the UK (Ridley 2015). These sites host images of women and sometimes men, but it the images of women that are more frequently viewed and commented on (Whitmarsh 2015a, b). ‘Revenge porn’ is disturbingly big business. The ‘revenge porn’ moniker is also used to describe the growing problem of hacked private sexual images being shared online. There are many ways in which private sexual images are created without consent, some of which are covered by current criminal laws, an example being voyeurism.
