ABSTRACT

This chapter focuses on what the legal liability should be in respect of those who record or disseminate footage of a homicide. It considers whether the law currently criminalises the production, distribution or possession of videos of murder. It draws a distinction between non-terrorist and terrorist-related killings. The reason for doing so is that it is widely acknowledged that terrorism is dealt with by distinct laws, and that these laws tend to be more intrusive than traditional criminal laws. The chapter also considers why some seek to criminalise these videos and whether this should be the subject of the criminal law. Unlike the myth of the 'snuff video', there is clear evidence that videos depicting homicide are now appearing on the Internet. This raises interesting questions for the law as to how such footage should be dealt with by the law.