Abstract

This thesis focuses on the emerging trend of revenge porn using the Victorian Supreme Court case of Giller v Procopets [2008] VSCA 236 as a case study. In that case, Mr Procopets surreptitiously filmed himself and Ms Giller engaging in sexual activities and when the relationship broke down, he attempted to show the videotapes to her family, friends and employer. That scenario is today repeated all over the internet, where increasing numbers of disgruntled former partners upload explicit films or photos of their partners in an effort to harass and humiliate them in public. This thesis will apply Michel Foucault's analysis of power structures to demonstrate the connection between revenge porn and the sexual double standard discourse in society and with this connection in mind, the most appropriate legal cause of action will be considered.

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