Blackmail

Blackmail is a criminal act of coercion using a threat.

As a criminal offence, blackmail is defined in various ways in common law jurisdictions. In the United States, blackmail is generally defined as a crime of information, involving a threat to do something that would cause a person to suffer embarrassment or financial loss. By contrast, in the Commonwealth its definition is wider: for example the laws of England and Wales and Northern Ireland state that:

A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces...

In popular culture, 'blackmail' involves a threat to reveal or publicize either substantially true or false information about a person or people unless certain demands are met. It is often damaging information, and it may be revealed to family members or associates rather than to the general public.

Acts of blackmail can also involve using threats of physical, mental or emotional harm, or of criminal prosecution, against the victim or someone close to the victim. It is normally carried out for personal gain, most commonly of position, money, or property.

Blackmail may also be considered a form of extortion. Although the two are generally synonymous, extortion is the taking of personal property by threat of future harm. Blackmail is the use of threat to prevent another from engaging in a lawful occupation and writing libelous letters or letters that provoke a breach of the peace, as well as use of intimidation for purposes of collecting an unpaid debt.

In many jurisdictions, blackmail is a statutory offense, often criminal, carrying punitive sanctions for convicted perpetrators. Blackmail is the name of a statutory offense in the United States, England and Wales, and Australia, and has been used as a convenient way of referring to certain other offenses, but was not a term used in English law until 1968.

Blackmail was originally a term from the Scottish Borders meaning payments rendered in exchange for protection from thieves and marauders. The "mail" part of blackmail derives from Middle English male meaning "rent or tribute". This tribute (male or reditus) was paid in goods or labour ("nigri"); hence reditus nigri, or "blackmail".

Etymology

The word blackmail is variously derived from the word for mailing (in modern terms, protection racket) paid by English and Scottish border dwellers to Border Reivers in return for immunity from raids and other harassment. The "mail" part of blackmail derives from Middle English male, "rent, tribute". This tribute was paid in goods or labour (reditus nigri, or "blackmail"); the opposite is blanche firmes or reditus albi, or "white rent" (denoting payment by silver). An alternative version is that rents in the Scottish Borders were often paid in produce of the land, called "greenmail" ('green rent'), suggesting "blackmail" as a counterpart paid perforce to the reivers. Alternatively, Mackay derives it from two Scottish Gaelic words blathaich pronounced (the th silent) bla-ich (to protect) and mal (tribute, payment), cf. buttock mail. He notes that the practice was common in the Scottish Highlands as well as the Borders. In the Irish language, the term cíos dubh, meaning "black rent", was used for similar exactions.

Objections to criminalization

Some scholars have argued that blackmail should not be a crime. Objections to the criminalization of blackmail often rest on what legal scholars call "the paradox of blackmail": it takes two separate actions that, in many cases, people are legally and morally entitled to do, and criminalizes them if done together. One American legal scholar uses the example of a person who threatens to expose a criminal act unless he is paid money. The person has committed the crime of blackmail, even though he separately has the legal right both to threaten to expose a crime and to request money from a person.

Sextortion (webcam blackmail)

Sextortion the rise of social media blackmail has been observed, which is popular among individuals deemed to hold power or authority in fields like politics, education, and the workplace. Sextortion, constituting a form of blackmail, is employed to exploit this power and coerce victims into providing sexual favors or explicit images in exchange for desired outcomes such as job security or academic advancement. A common instance of this is webcam blackmail/ Snapchat/ Whatsapp and other Social media platforms.

"Criminals might befriend victims online by using a fake identity and then persuade them to perform sexual acts in front of their webcam, often by using an attractive woman to entice the victim to participate. These women may have been coerced into these actions using financial incentives or threats." As reported by the NCA (National Crime Agency), both men and women can be victims of this crime. This crime can be carried out by either crime groups or individuals.

Cybercrime

Dubai Police in the UAE stated that there have been 2,606 crimes that involve blackmail in the past three years. The reason it is so easy to commit these crimes online is the anonymity the internet gives. It is far easier to commit crimes with anonymity. The ability to be anonymous encourages antisocial tendencies and the ability to spread fake news. The frequency of cybercrime is astonishing. In 2023 alone, an estimated 33 billion accounts are expected to be breached, translating to approximately 2,328 cybercrimes per day or 97 victims every hour. This indicates that cybercriminals are relentless in their pursuit of targets. As of 2007, hacker attacks occurred every 39 seconds on average.

See also

In film

• Blackmail, (1920 film)
• Blackmail, (1929 film)
• Psychoville, British psychological horror-thriller black comedy mystery television series.

Notes

References

• Baker, Dennis J., Glanville Williams Textbook of Criminal Law. Sweet & Maxwell: London. (2005) ISBN 978-0-414-04613-9.
• Criminal Law Revision Committee. 8th Report. Theft and Related Offences. Cmnd. 2977
• Griew, Edward. Theft Acts 1968 & 1978, Sweet & Maxwell: London. ISBN 978-0-421-19960-6
• Lindgren, James (1984). "Unraveling the Paradox of Blackmail". Columbia Law Review. 84 (3): 670–717. doi:10.2307/1122502. JSTOR 1122502.
• Ormerod, David. Smith and Hogan Criminal Law, LexisNexis: London. (2005) ISBN 978-0-406-97730-4
• Smith, J. C. Law of Theft, LexisNexis: London. (1997) ISBN 978-0-406-89545-5

External links

• "Blackmail" . Encyclopedia Americana. 1920.
• Chisholm, Hugh, ed. (1911). "Blackmail" . Encyclopædia Britannica (11th ed.). Cambridge University Press.