Upskirt refers to the practice of making unauthorized photographs under a female's skirt, capturing an image of her crotch area and underwear. The term "upskirt" can also refer to a video, illustration or photograph which incorporates the upskirt image. The term is also sometimes used to refer generically to any voyeur photography – i.e. catching an image of somebody unawares in a private moment.
The practice is regarded as a form of sexual fetishism or voyeurism and is similar in nature to downblouse. The ethical and legal issue relating to upskirt and downblouse photography is one of a reasonable expectation of privacy, even in a public place. The victims of the practice are almost exclusively females, including teenage girls. Some women feel harassed or humiliated when they realise that they have been a victim of the practice. This is especially the case when such images have already been disseminated on the Internet and they are identifiable.
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The concept and interest in upskirt is not new, though the term is more recent. For example, it was used in the 1767 painting The Swing by Jean-Honoré Fragonard. In "polite society", looking up a lady's skirt was regarded as impolite or rude. In less polite society, looking up a lady's skirt or her lifting up the skirt was regarded as bawdy, as in the case of cabaret dances such as the can can. By the polite society, such behaviour was widely judged as indecent.
The sudden popularity in the 1960s of the miniskirt brought the concept out onto the streets, and was viewed by many as mass exhibitionism. "In European countries ... they ban mini-skirts in the streets and say they're an invitation to rape...."[1]
Many women, on the other hand, viewed the new style as rebellion against previous clothing styles and as women's liberation of their own bodies. For the first time many females felt comfortable exposing their thighs, whether on the beach in a swimsuit or in street wear, and were even relaxed when in some situations their underwear would be visible.
Most upskirt and downblouse images originate as innocent fun images which are made with the knowledge and lack of objection of the females affected. However, some of these images can finish up being more widely distributed or being posted onto the Internet without the knowledge and consent of the subject, for example when a relationship breaks up.
Some upskirt and downblouse photos and videos are made specifically to upload onto the Internet, where many viewers seek such images taken surreptitiously (and presumably without the subject's consent). Such photographs are common on fetish and pornographic websites, as well as on video sharing sites such as YouTube.[2]
Attitudes hardened with the very widespread availability and use of digital photographic and video technology, most recently camera phones.[3][4] Such technology was also being used to record upskirt and downblouse images for uploading onto the internet. Specialist websites came into existence where people could share such images, and terms such as "upskirt", "downblouse" and "nipple dress" (i.e., when an erect nipple is evident through the material of a woman's dress) came into use. Of particular concern were images of minors and of people who could be identified. Celebrities were popular victims of such efforts. Issues of privacy and reputation began to be raised. The creation and viewing of this type of image came increasingly to be described as forms of voyeurism and pornography. This was not that most of such images were sexual in nature, with most of them being quite innocent by themselves, but because of their association with the nature of the website on which they were posted and because of the size of the collections.[5]
Upskirt photos can be made in a variety of situations, such as when a woman is ascending stairs or getting out of a car or just sitting on a park bench; and downblouse photos can similarly be made in many innocent situations.
Many countries do not have laws which protect a person's right to personal privacy, especially in a public place, but the legal position does vary considerably.
All states in Australia have passed laws making it illegal to take upskirt photos in public places without the subject's consent.[6]
In 2010, an elderly man in Turku was fined 12 day-fines and had his camera confiscated even though the act of taking upskirt photos is not exactly forbidden by law.[7]
In Japan, hidden-camera photography itself is not against the law as of 2002. However, distributing such photos publicly may break the law. Camera phones sold in Japan are required to make an audible noise when taking a picture, making the subject more likely to notice if clandestine upskirt photos are being taken without consent.
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.[8]
The UK has no specific ban on taking such photos but the activity could be prosecuted as voyeurism under the Sexual Offences Act 2003 or as outraging public decency.[9]
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.[10]
Additionally, many state laws address the issue as well.[11]