Legal Problem Relating to the Dissemination of Sexually Inappropriate Still or Moving Images of Private Person for Revenge

Abstract

The act of distributing sexually inappropriate still or moving images of a private person for the purpose of revenge causes a number of problems. In addition, it directly affects victims’ privacy rights to control the disclosure of their bodies and certain behaviors to others. It also greatly impacts society regarding the threat to personal rights, which are important basic rights of every human being and deserve protection. Moreover, it also causes other offenders to follow through with imitation behavior, which affects the peace and order and good morals of society.

            From a study of the laws of the United Kingdom and the laws of Japan, it was found that specific provisions have been enacted to impose criminal liability for the act of distributing sexually explicit still or moving images of private persons for the purpose of revenge. Meanwhile, in Thailand, no law has been enacted to specifically enforce the act of distributing sexually explicit still images or private movies for revenge, like the laws of the United Kingdom and the laws of Japan. Therefore, this may result in gaps in the law to apply to such offenses.

            Because the State has an obligation to the people to respect, protect, and promote the people’s human rights by preventing any person from having their human rights violated by another person. This includes establishing adequate preventive measures against threats to individual human rights. The act of distributing sexually inappropriate still images or private movies for revenge is a serious violation of the victim’s right to privacy. It is also an action that deserves to be criticized, causes damage to society as a whole, and is contrary to public order and good morals. Therefore, it should be appropriate to enact a legal provision that specifically provides liability for the offense of distributing inappropriate personal stills or moving images of a sexual nature for revenge to clearly define the elements of the offense and determine the punishment appropriate to the said offense.