Combatting non-consensual intimate imagery in the Commonwealth Caribbean: Overcoming Legislative Gaps with Creative Approaches

Abstract

Non-consensual intimate imagery (“NCII”), the non-consensual sharing of sexually explicit images or videos of a person, has emerged as a pressing issue in the Commonwealth Caribbean, necessitating effective strategies to address this digital abuse. This paper explores the challenges faced by Commonwealth Caribbean nations in prosecuting perpetrators of NCII and highlights innovative approaches, taken by courts through old common law and civil law actions grounded in defamation and breach of confidence to fill the gaps left by inadequate legislative interventions.

The paper begins by presenting an overview of NCII, its evolution in the Caribbean and its psychological, emotional and financial impact on victims. It explores existing domestic violence legislation as well as electronic crime legislation which is still in its infancy in the region, and it highlights the need for comprehensive legal frameworks that address the issue specifically and aid in its prevention.

Moreover, the paper acknowledges and interweaves the unique sociocultural context of the Caribbean islands, characterised by close-knit communities and conservative values. In such an environment, individuals, particularly women, may encounter difficulties in the recovery process. The social stigma associated with NCII, combined with cultural barriers and a lack of access to support services, can exacerbate and do little to alleviate the challenges faced by victims seeking
justice.

In conclusion, the pressing issue of NCII in the Caribbean demands urgent action. While getting creative with existing laws has thus far provided some redress for victims of NCII, targeted and comprehensive legislation is required to protect those most vulnerable to the ripple effects caused by the distribution of NCII.