Katie Price Ordered To Pay Damages In Revenge Porn Claim

Revenge porn is the sharing of explicit or sexual images or videos without the consent of the person in the image. Whilst this is now a criminal offence, you may not be aware that the sharing of such images could also be a breach of data protection legislation.

This was the case with Alex Reid and his ex-wife Katie Price. During their relationship, Katie obtained intimate video recordings and photographs of Alex engaged in sexual activity (Sensitive Data).

Katie gave written undertakings to Alex that she would not publish, disclose or cause the republication of the Sensitive Data. Notwithstanding the undertakings, Katie disclosed the Sensitive Data to a substantial number of individuals. As a result, Alex pursued a number of different claims against Katie including:

• Breach of Confidence;
• Misuse of Private Information;
• Breach of Contract;
• Breach of Data Protection Act 1998; and
• Harassment.

Master Gidden set directions up to trial including directions for the disclosure and exchange of witness statements. Katie failed to comply with the relevant directions and therefore her defence was struck out and a judgment in default was entered for Alex on liability. The question before the Court was therefore one of the amount of damages rather than a liability.

Assessment of compensation

It was accepted that the Defendant’s conduct had involved the deliberate disclosure of the Sensitive Data which had been taken without the Claimant’s consent and that it had been disclosed in the knowledge that the Claimant objected to such disclosure.

Because of the Defendant’s actions, the Claimant had suffered a real loss of dignity and significant harm to his self-esteem and that this harm was aggravated as a result of the Defendant’s conduct.

The Court concluded that the Claimant should be awarded at least £25,000. However, given that the claim form stated damages up to £25,000 his compensation was capped at this amount.

Comment

This case shows that Courts are taking revenge porn seriously and are able and willing to compensate victims for the distress and loss of dignity caused as a result.

It does also act as a helpful reminder to carefully consider the amount of damages stated on a claim form, as any compensation awarded will likely be capped accordingly.