H. Publication or threatened publication of intimate images without consent
It is an offence contrary to section 159AAE of the Crimes Ordinance (Cap. 200) to publicise or threaten to publicise intimate images without the consent of the victim. This applies even if the person initially agreed to have the pictures taken but did not agree to them being shared later (like in cases of revenge porn).
Under section 159AAE, it is an offence if a person:
- publishes or threatens to publish an intimate image of an individual;
- intends the publication or threat to cause humiliation, alarm or distress to the individual, or knows or is reckless as to whether the publication or threat is likely to cause humiliation, alarm or distress to the individual;
- no consent is given by the individual to the publication or threatened publication;
- disregards whether the individual consents to the publication or the threatened publication.
It is immaterial whether the person who makes the threat is capable of publishing the intimate image. A person can be liable even if the image does not exist or the person does not possess it. The focus is on the conduct of threatened publication.
The maximum penalty for this offence is 5 years' imprisonment.
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