The Minister with responsibility for Justice, Neil Costa, has today published a Bill for a new Crimes (Amendment) Act 2016, which introduces a new offence of “Revenge Porn”.

This new offence is based on the equivalent UK offence of “disclosing private sexual photographs and films with intent to cause distress”, which was introduced in the United Kingdom in 2015. The new offence will be committed if private sexual photographs or films are shown to other persons without the consent of an individual who appears in the photograph or film and with the intention of causing that victim distress.

There are a number of defences included in the Bill. These include the disclosure being necessary to prevent, detect or investigate crime, the disclosure being made in specific circumstances by journalists and where the defendant shows that he or she reasonably believed that the photograph or film in question had previously been shown for profit.

On conviction on indictment in the Supreme Court, the maximum sentence is 2 years’ imprisonment.

Further, the Bill also includes amendments to the offence of “grooming” in Gibraltar to bring this offence in line with the equivalent offence in the United Kingdom.

The Minister for Justice said:

“This Bill delivers an important manifesto commitment, included in the GSLP-Liberal 2015 manifesto, to make a specific provision in our legislation for a “revenge porn” offence. Given the rise of social media it is important, as a society, to underline that we will not tolerate this behaviour in Gibraltar. By introducing this Bill we send a clear message that no-one should be free to inflict the distress and humiliation that this particularly invasive and hurtful crime causes on its victims.”