Legal Problems in Criminalizing Non-Consensual Disclosure of Intimate Images

Abstract

This article explored the legal problems in criminalizing non-consensual disclosure of intimate images. The study indicates the differences between the nature of typical pornography and intimate images as well as the problems arising out of the application of the existing pornography laws to non-consensual disclosure of intimate images. The existing laws in Thai jurisdiction, however, are not sufficiently effective in protecting rights and liberties of the victims. In light of the problems, this article applies a comparative study to examine the laws on non-consensual disclosure of intimate images in other jurisdictions, for example, Japan, England and Wales, the United States of America, the state of New Jersey and the State of California, in order to find some recommendations as to the law which is sufficiently effective in protecting rights and liberties of the victims in Thailand.