Upskirt

Upskirting or upskirt photography refers to the act of taking unauthorized photographs or videos under a person's clothing, typically up their skirt or dress, without their knowledge or consent. This invasive behavior is often done for sexual gratification or voyeurism and is considered a serious violation of privacy.

In many countries, upskirting has been criminalized and is legally classified as a form of sexual harassment, voyeurism, or a privacy offense. Laws addressing upskirting recognize the harm it causes to victims, including emotional distress, humiliation, and feelings of violation.

The practice is regarded as criminal behaviour, a form of voyeurism, and is similar in nature to downblouse photography. The ethical and legal issue relating to upskirt photography is one of a reasonable expectation of privacy, even in a public place.

Social attitudes

Upskirting has existed in various forms for decades, but its recognition as a distinct and widespread issue emerged in the late 20th century and gained significant public attention with the rise of digital technology and the internet. Here’s an overview of its history, perception, and legal responses:

Origins and Technological Influence

Before the digital age, upskirting may have occurred with film cameras, but it was far less common due to the difficulty of execution and sharing such images. With the advent of compact cameras in the 1990s and smartphones in the 2000s, upskirting became easier to perpetrate, as devices became smaller, more discreet, and capable of taking high-quality images. The rise of the internet, particularly websites and forums that encouraged the sharing of such invasive content, contributed to the normalization and spread of the act, often framing it as a form of voyeuristic "entertainment."

Societal Attitudes Toward Upskirting

Initially, upskirting was often trivialized or dismissed, seen as a "prank" or “boys being boys.” Victims were frequently shamed or ignored when they reported such violations.

Over time, as awareness of sexual harassment and violations of privacy grew, attitudes began to shift. Upskirting came to be regarded as a serious invasion of privacy, sexual exploitation, and a violation of bodily autonomy.

Movements like #MeToo and increased public discourse on consent and gender-based violence helped shine a light on upskirting as a significant and harmful issue.

Legal and Cultural Recognition

Legal Responses:

Many countries began to criminalize upskirting in the 2010s, often under laws relating to voyeurism, sexual offenses, or image-based abuse. For example: In 2019, England and Wales introduced legislation making upskirting a specific criminal offense punishable by up to two years in prison. Other countries, such as Australia, Canada, and Japan, have also enacted laws addressing upskirting, although the specifics vary widely.

Cultural Shift:

Society increasingly recognizes upskirting as degrading, exploitative, and emblematic of larger issues of gender inequality and the objectification of women. Victims of upskirting have spoken out, contributing to changing public perceptions and demanding stronger protections.

Current Status

Upskirting is now widely condemned and recognized as:

- A violation of privacy.

- A form of sexual harassment and gender-based violence.

- An example of how technology can be misused to exploit and dehumanize individuals.

Laws against upskirting continue to evolve as society becomes more attuned to issues of consent, digital privacy, and bodily autonomy. However, challenges remain, including enforcement of laws and combating the online distribution of such images.

Legal position

Australia

All jurisdictions within Australia have passed laws making it illegal to take upskirt photos in public places without the person's consent.

Finland

In 2010, an elderly man had his camera confiscated and was fined 12 day-fines for the act of public obscenity (which was thought to be the closest match in the criminal code), having taken dozens of upskirt photos in a shopping centre in Turku.

France

In August of 2018, France passed its first law specifically criminalizing upskirt voyeurism, defined as "using any means in order to perceive the private parts of a person which that person... when committed without the knowledge or consent of the person". The law makes such offenses punishable by one year in prison and a fine of 15,000 euros.

Germany

In November 2019, the German Bundestag approved a bill to criminalize both upskirting and "criminalize photographing victims of accidents or pictures that" show a dead person in a grossly offensive way; German media has referred to the latter as rubbernecking.

India

In India, under section 66E, of the Information Technology Act, "Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh (200,000) rupees, or with both". The words "private area" mean the naked or undergarment-clad genitals, pubic area, buttocks or female breast; "under circumstances violating privacy" means circumstances in which a person can have a reasonable expectation that any part of his or her private area would not be visible to the public, regardless of whether that person is in a public or private place.

Japan

In Japan, prefecture level Trouble Prevention Ordinances (迷惑防止条例) prohibit secret photography, along with stalking, chikan and other offenses. Although every prefecture in the country has adopted some variation of the ordinance, details vary greatly.

In June 2023, as a part of the sex crime reform, Japanese parliament passed a new law that replaces the prefecture-dependent implementations of Trouble Prevention Ordinances. Under the new law, the act of secretly photographing or filming a person's sexual appearance, as well as providing such photos or videos to a third person, are subject to imprisonment of up to three years or a fine of up to 3 million Japanese yen.

New Zealand

In New Zealand, it is illegal to make a visual recording of a person's intimate parts in any setting in which the person has a "reasonable expectation of privacy". This includes public and private settings. It is also illegal to possess or distribute such images.

South Korea

In South Korea, the Sexual Violence Punishment Act prohibits secret photography, the photographing of people without their permission. Such filming is subject to criminal penalties and results in those convicted being registered as sex offenders. This applies to activities such as upskirting and also to filming a clothed person from a long distance. If the person being photographed is a minor, the punishment is more severe. When a person is photographed from a long distance, the court judges whether there is "sexual intention" or a "sexual body part" is photographed or "sexual shame" is the result. The law has been criticized for having no clear standards for legal interpretation. Some South Korean lawyers suggest that posting videos of street events such as Halloween on social media may constitute a sex crime.

United Kingdom

England and Wales

Main article: Voyeurism (Offences) Act 2019

Since April 2019, upskirting has constituted the specific offence of voyeurism under the Sexual Offences Act 2003. It is defined as creating images of or operating equipment to view genitals, buttocks or underwear beneath clothing where they would not normally be visible, for the purpose of sexual gratification or to cause humiliation, alarm or distress. The maximum sentence for the offence is two years' imprisonment and in the more serious sexual cases those convicted are added to the Violent and Sex Offender Register.

Before 2019, there were no specific laws against upskirting in England and Wales. When upskirting took place in public, it was outside of the scope of the offence of voyeurism under the Sexual Offences Act 2003. Nevertheless, prosecutions for upskirting were successful under the common law offence of outraging public decency, which requires the presence of at least two other people and for the act to be done in a public place.

Following a public campaign to change the law, a government bill was introduced to the House of Commons on 21 June 2018. Speaking on the government's behalf in the House of Lords, Baroness Vere of Norbiton said the legislation would also protect men wearing kilts. The Voyeurism (Offences) Act 2019 received royal assent on 12 February 2019, taking effect two months later.

Scotland

Upskirting is a specific offence in Scotland under the Criminal Justice and Licensing (Scotland) Act 2010. This act, which was passed by the Scottish Parliament, extended the definition of voyeurism to cover upskirting.

Northern Ireland

As in England and Wales before 2019, there is no specific offence of upskirting in Northern Ireland, but can in certain circumstances be prosecuted as the common law offence of outraging public decency.

United States

In the United States, laws vary by state. At the federal level the United States enacted the Video Voyeurism Prevention Act of 2004 to punish those who intentionally make an image of an individual's private areas without consent, when the person knew the subject had an expectation of privacy. This act applies only in areas under federal jurisdiction.

Additionally, many state laws address the issue as well.

A 2005 Illinois law made it a crime to videotape or transmit upskirt videos of other people without their consent. A 2014 Chicago ordinance made the crime punishable by a $500 fine.

Further reading

• The Future of Reputation, Gossip, Rumour and Privacy on the Internet, Daniel J. Solove, Yale University Press, 2007, ISBN 978-0-300-12498-9, p. 166
• Sex in Consumer Culture, Tom Reichert, Jacqueline Lambiase, Routledge, 2006, ISBN 0-8058-5090-2
• Sex Crimes Investigation: Catching and Prosecuting the Perpetrators, Robert L. Snow, Greenwood Publishing Group, 2006, ISBN 0-275-98934-8, p. 146

External links

Media related to Upskirt at Wikimedia Commons

• "Gender and Electronic Privacy". Electronic Privacy Resource Center. Retrieved 26 December 2006.