All issues > Volume 12 > Issue 12:2 (78-179)

This article calls for a reimagining of regulatory approaches to health research. It is argued that an essential first step of such a reimagining involves the development of a deeper understanding of the diverse and indispensable roles which principles can play as regulatory decision-making aids. This topic merits attention given the fact that we perpetually rely upon principles without really considering what it is we are asking principles to do within the regulatory environment. In particular, this paper considers how principles can assist in addressing key challenges which new technologies pose to regulation, as well as the relationships that might exist between principles and rules in such instances. The discussion here takes place against the backdrop of the complex and evolving landscape of the governance of the reuse of data for health research. At the same time, the contributions in this article can be of real value to contemporary challenges in a far wider array of governance contexts beyond the health setting.

This paper aims to assess whether ‘revenge porn’ merits regulation in Scotland, and, if so, how this ought to be achieved. In doing so, this paper critically assesses ‘revenge porn’ from feminist perspectives to highlight the harms caused by the conduct, analyses the extent to which victims are adequately protected by the current legislative framework in Scotland, and discusses whether criminalisation is the most desirable method of regulation. Finally, an in-depth comparative analysis of approaches to criminalisation in several other jurisdictions seeks to ascertain how Scottish legislation addressing ‘revenge porn’ could be effectively drafted. The paper concludes that ‘revenge porn’ is a form of “cyber-misogyny”: one online example of gendered hatred, harassment and abuse primarily directed towards women and girls. In light of the severity of this behaviour, it’s destructive impact on individual victims and on society as a whole; it is argued that criminalisation is the most appropriate method of regulation.