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19 Oxford U. Commw. L.J. 1 (2019)

handle is hein.journals/oxuclwj19 and id is 1 raw text is: OXFORD UNIVERSITY COMMONWEALTH LAW JOURNAL 2019, VOL. 19, NO. 1, 1-29 https://doi.org/10.1080/14729342.2019.1580518 Routiedge Taylor & Francis Group The legal and policy contexts of 'revenge porn' criminalisation: the need for multiple approaches Tyrone Kirchengast and Thomas Crofts Sydney Law School, University of Sydney, Sydney, Australia ARTICLE HISTORY Received 25 June 2018; Accepted 4 November 2018 KEYWORDS Revenge porn; criminalisation; intimate images; non-consensual distribution 1. Introduction: apprehending the 'revenge porn' phenomenon New technologies have created new means of social interaction which chal- lenge traditional forms of social behaviour, bringing both positive and nega- tive risks.' These risks have been identified and explored most acutely in the past decade in relation to young people engaging in 'sexting'. Initially, the sending of 'sexts' by young people and the various harms associated with the taking and sharing of intimate images led to public anxiety over the appropriateness of such behaviour.2 This unease gradually shifted to a concern that the criminalisation of sexting by young people under child por- nography laws might actually be too harsh a reaction and more harmful than the behaviour it sought to address. This recognition contrasts starkly with initial attitudes towards adult 'sexting'. Early discourse around adults CONTACT Tyrone Kirchengast 0 tyrone.kirchengast@sydney.edu.au 'Al Cooper, 'Sexuality and the Internet: Surfing into the New Millennium' (1998) 1 CyberPsychology and Behavior 187; Pat O'Malley, Risk, Uncertainty and Government (GlassHouse Press 2004). 2Thomas Crofts and others, Sexting and Young People (Palgrave Macmillan 2015). D 2019 Faculty of Law, Oxford University