Issue link: https://maltatoday.uberflip.com/i/240181
News maltatoday, SUNDAY, 12 JANUARY 2014 Footballer questioned over alleged 'revenge porn' MIRIAM DALLI INVESTIGATORS from the Police's Cyber Crime Unit are investigating the online publication of a video showing a woman engaged in oral sex with a man. The video, which allegedly involves a Maltese actress in her early 20s, hit the social media on Facebook. It is believed that the video was uploaded by her ex-boyfriend after the two broke up. "The police can confirm that a report has been received about this case and investigations are underway," the Police told MaltaToday yesterday. It is understood that the man in question is a footballer. Interviewed on Net TV's sports programme Replay in early December 2013, Lija Athletic president Jesmond Caruana had confirmed that the club did not know where attacker Andre Grabowski was, after rumours spread that he had fled the country. According to sources, the club later managed to get in touch with Grabowski, who said that he had returned to his home country. On its Facebook wall, Replay posted that Jesmond Caruana confirmed that Grabowski was questioned by the Police after the pornographic video was uploaded online. Concern over revenge porn in Malta grew after a number of 'naked selfies' taken by girls – young adults and women – ended up being posted publicly online. The pictures were reportedly first shared by a group of young men on a private Facebook group but were then uploaded on a Tumblr blog called 'Maltese girls caught on camera'. Investigations by the Cyber Crime Unit started straight away, as soon as the first report was lodged. Police officers are still investigating whether the individuals administering the blog removed the content voluntarily or whether this was an action taken by the service provider. "Given that the blog is hosted by a service provider located overseas, the Police cannot oblige the service provider in question to remove the reported content," the police said. "Such content is brought to the attention of the service provider who will then decide on whether the reported content warrants removal if it infringes the service provider's own terms of service." Since technical enquiries were still underway, the police could not confirm how many individuals were behind the blog. The online discussion that followed also saw pop singer Ira Losco warning young adults to be careful as to what pictures they take and how they use them. Many agreed with Losco's comments on Facebook, arguing that the girls were partly at fault for being "irresponsible" and taking lewd pictures of themselves. From a criminal point of view, the Police would not consider legal action against the persons depicted in the photographs or the persons who Subscribe to the e-paper With an annual subscription you will get a FREE copy of your choice either Saviour Balzan's 'Saying It As It Is' or 'GourmetToday 100 best recipes' worth over €20 Subscription options 1 edition: 3 months: 6 months: 12 months: €0.80 €15.00 MaltaToday and MaltaToday Midweek €28.00 MaltaToday and MaltaToday Midweek €50.00 + FREE BOOK *best value* Read the MaltaToday and MaltaToday midweek at 5am on the morning of publication on your Desktop, Tablet or Smartphone Subscribe now at www.maltatoday.com.mt/en/maltatodayepaper took the photographs, unless the production of such material was intended for public distribution or commercialisation. Like all stories of revenge, 'revenge porn' usually finds its insalubrious beginning in the end of a fraught relationship where a scorned party, or even a malicious hacker who stumbles across a cache of private images, seeks revenge on their ex-lover. And as its name suggest, revenge porn is about humiliating and hurting individuals. Israel has become the latest country to legislate against revenge porn. Individuals who are targeted by revenge porn are considered victims of sexual assault and perpetrators can face up to five years in jail. So far in Malta, there are no specific legal provisions for revenge porn. "From a criminal point of view, there are no specific provisions for revenge porn and distributing photos of others without consent," the police said. According to Article 208 of the Criminal Code of the Laws of Malta, a person found guilty of the distribution of pornographic material is liable to imprisonment for a term from six to 12 months or to a fine of not less than €1,000 and not more than €3,000. The perpetrator could also face both imprisonment and fine. During 2013, the Cyber Crime Unit was notified of 12 reports lodged by persons who were concerned that pornographic material depicting them was being circulated. Two of these reports concerned material depicting persons under age. "It must be noted that nine of these reports concerned individuals who were convinced to expose themselves while communicating over the internet and were subsequently blackmailed by unknown persons in relation to screenshots or video clips depicting them performing such acts," the police said. The distribution of pornographic material is usually considered as illegal when it is made in a public place or in a place accessible to the public. Pornographic material which is shared in a private manner between consenting adults would not be considered criminal. The definition of pornographic material can be found under the Pornography and Obscenity Regulations (SL 9.05 or LN 80/1975) of the Laws of Malta. According to this legislation, pornographic material is: ".. an article shall be deemed to be pornographic or obscene if – (a) its dominant characteristic is the exploitation of, or undue emphasis on, sex, or any one of the following subjects, namely, crime, horror, cruelty and violence; or (b) it directly or indirectly advertises or gives information on any article considered to be pornographic or obscene under these Regulations: Provided that an article shall not be considered to be pornographic or obscene to the extent that it serves the public good on the ground that it is in the interests of science, literature, art or learning or other objects of general concern".