Upskirt
Encyclopedia
Secret photography
Secret photography refers to the use of an image or video recording device to photograph or film a person who is unaware that they are being intentionally photographed or filmed...
under a female's skirt
Skirt
A skirt is a tube- or cone-shaped garment that hangs from the waist and covers all or part of the legs.In the western world, skirts are usually considered women's clothing. However, there are exceptions...
, capturing an image of her crotch area and underwear. The term "upskirt" can also refer to a video
Video
Video is the technology of electronically capturing, recording, processing, storing, transmitting, and reconstructing a sequence of still images representing scenes in motion.- History :...
, illustration
Drawing
Drawing is a form of visual art that makes use of any number of drawing instruments to mark a two-dimensional medium. Common instruments include graphite pencils, pen and ink, inked brushes, wax color pencils, crayons, charcoal, chalk, pastels, markers, styluses, and various metals .An artist who...
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
Sexual fetishism
Sexual fetishism, or erotic fetishism, is the sexual arousal a person receives from a physical object, or from a specific situation. The object or situation of interest is called the fetish, the person a fetishist who has a fetish for that object/situation. Sexual fetishism may be regarded, e.g...
or voyeurism
Voyeurism
In clinical psychology, voyeurism is the sexual interest in or practice of spying on people engaged in intimate behaviors, such as undressing, sexual activity, or other activity usually considered to be of a private nature....
and is similar in nature to downblouse
Downblouse
Downblouse refers to the practice of making unauthorized photographs down the top of a female's dress, capturing an image of her breasts.The practice is regarded as a form of sexual fetishism or voyeurism and is similar in nature to upskirting....
. 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
Humiliation
Humiliation is the abasement of pride, which creates mortification or leads to a state of being humbled or reduced to lowliness or submission. It can be brought about through bullying, intimidation, physical or mental mistreatment or trickery, or by embarrassment if a person is revealed to have...
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.
Social attitudes
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 SwingThe Swing (painting)
The Swing , also known as The Happy Accidents of the Swing , is an 18th century oil painting by Jean-Honoré Fragonard. It is considered as one of the masterpieces of the rococo era.-The painting:...
by Jean-Honoré Fragonard
Jean-Honoré Fragonard
Jean-Honoré Fragonard was a French painter and printmaker whose late Rococo manner was distinguished by remarkable facility, exuberance, and hedonism. One of the most prolific artists active in the last decades of the Ancien Régime, Fragonard produced more than 550 paintings , of which only five...
. In "polite society", looking up a lady's skirt was regarded as impolite or rude
Rude
Rude has many meanings:Behavior*Rudeness, disrespect for and failure to behave within the context of a society or a group of people's social laws or etiquettePeople*François Rude , a French sculptor...
. 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
Miniskirt
A miniskirt, sometimes hyphenated as mini-skirt, is a skirt with a hemline well above the knees – generally no longer than below the buttocks; and a minidress is a dress with a similar meaning...
brought the concept out onto the streets, and was viewed by many as mass exhibitionism
Exhibitionism
Exhibitionism refers to a desire or compulsion to expose parts of one's body – specifically the genitals or buttocks of a man or woman, or the breasts of a woman – in a public or semi-public circumstance, in crowds or groups of friends or acquaintances, or to strangers...
. "In European countries ... they ban mini-skirts in the streets and say they're an invitation to rape...."
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
Relationship breakup
A relationship breakup, often referred to simply as a breakup, is the termination of a usually intimate relationship by any means other than death. The act is commonly termed "dumping [someone]" in slang when it is initiated by one partner...
.
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
Internet pornography
Internet pornography is pornography that is distributed by means of various sectors of the Internet, primarily via websites, peer-to-peer file sharing, or Usenet newsgroups...
, as well as on video sharing sites such as YouTube
YouTube
YouTube is a video-sharing website, created by three former PayPal employees in February 2005, on which users can upload, view and share videos....
.
Attitudes hardened with the very widespread availability and use of digital photographic and video technology, most recently camera phone
Camera phone
A camera phone is a mobile phone which is able to capture still photographs . Since early in the 21st century the majority of mobile phones in use are camera phones....
s. 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" (ie., 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
Voyeurism
In clinical psychology, voyeurism is the sexual interest in or practice of spying on people engaged in intimate behaviors, such as undressing, sexual activity, or other activity usually considered to be of a private nature....
and pornography
Pornography
Pornography or porn is the explicit portrayal of sexual subject matter for the purposes of sexual arousal and erotic satisfaction.Pornography may use any of a variety of media, ranging from books, magazines, postcards, photos, sculpture, drawing, painting, animation, sound recording, film, video,...
. 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.
Secret photography
Secret photography refers to the use of an image or video recording device to photograph or film a person who is unaware that they are being intentionally photographed or filmed...
under a female's skirt
Skirt
A skirt is a tube- or cone-shaped garment that hangs from the waist and covers all or part of the legs.In the western world, skirts are usually considered women's clothing. However, there are exceptions...
, capturing an image of her crotch area and underwear. The term "upskirt" can also refer to a video
Video
Video is the technology of electronically capturing, recording, processing, storing, transmitting, and reconstructing a sequence of still images representing scenes in motion.- History :...
, illustration
Drawing
Drawing is a form of visual art that makes use of any number of drawing instruments to mark a two-dimensional medium. Common instruments include graphite pencils, pen and ink, inked brushes, wax color pencils, crayons, charcoal, chalk, pastels, markers, styluses, and various metals .An artist who...
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
Sexual fetishism
Sexual fetishism, or erotic fetishism, is the sexual arousal a person receives from a physical object, or from a specific situation. The object or situation of interest is called the fetish, the person a fetishist who has a fetish for that object/situation. Sexual fetishism may be regarded, e.g...
or voyeurism
Voyeurism
In clinical psychology, voyeurism is the sexual interest in or practice of spying on people engaged in intimate behaviors, such as undressing, sexual activity, or other activity usually considered to be of a private nature....
and is similar in nature to downblouse
Downblouse
Downblouse refers to the practice of making unauthorized photographs down the top of a female's dress, capturing an image of her breasts.The practice is regarded as a form of sexual fetishism or voyeurism and is similar in nature to upskirting....
. 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
Humiliation
Humiliation is the abasement of pride, which creates mortification or leads to a state of being humbled or reduced to lowliness or submission. It can be brought about through bullying, intimidation, physical or mental mistreatment or trickery, or by embarrassment if a person is revealed to have...
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.
Social attitudes
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 SwingThe Swing (painting)
The Swing , also known as The Happy Accidents of the Swing , is an 18th century oil painting by Jean-Honoré Fragonard. It is considered as one of the masterpieces of the rococo era.-The painting:...
by Jean-Honoré Fragonard
Jean-Honoré Fragonard
Jean-Honoré Fragonard was a French painter and printmaker whose late Rococo manner was distinguished by remarkable facility, exuberance, and hedonism. One of the most prolific artists active in the last decades of the Ancien Régime, Fragonard produced more than 550 paintings , of which only five...
. In "polite society", looking up a lady's skirt was regarded as impolite or rude
Rude
Rude has many meanings:Behavior*Rudeness, disrespect for and failure to behave within the context of a society or a group of people's social laws or etiquettePeople*François Rude , a French sculptor...
. 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
Miniskirt
A miniskirt, sometimes hyphenated as mini-skirt, is a skirt with a hemline well above the knees – generally no longer than below the buttocks; and a minidress is a dress with a similar meaning...
brought the concept out onto the streets, and was viewed by many as mass exhibitionism
Exhibitionism
Exhibitionism refers to a desire or compulsion to expose parts of one's body – specifically the genitals or buttocks of a man or woman, or the breasts of a woman – in a public or semi-public circumstance, in crowds or groups of friends or acquaintances, or to strangers...
. "In European countries ... they ban mini-skirts in the streets and say they're an invitation to rape...."
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
Relationship breakup
A relationship breakup, often referred to simply as a breakup, is the termination of a usually intimate relationship by any means other than death. The act is commonly termed "dumping [someone]" in slang when it is initiated by one partner...
.
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
Internet pornography
Internet pornography is pornography that is distributed by means of various sectors of the Internet, primarily via websites, peer-to-peer file sharing, or Usenet newsgroups...
, as well as on video sharing sites such as YouTube
YouTube
YouTube is a video-sharing website, created by three former PayPal employees in February 2005, on which users can upload, view and share videos....
.
Attitudes hardened with the very widespread availability and use of digital photographic and video technology, most recently camera phone
Camera phone
A camera phone is a mobile phone which is able to capture still photographs . Since early in the 21st century the majority of mobile phones in use are camera phones....
s. 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" (ie., 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
Voyeurism
In clinical psychology, voyeurism is the sexual interest in or practice of spying on people engaged in intimate behaviors, such as undressing, sexual activity, or other activity usually considered to be of a private nature....
and pornography
Pornography
Pornography or porn is the explicit portrayal of sexual subject matter for the purposes of sexual arousal and erotic satisfaction.Pornography may use any of a variety of media, ranging from books, magazines, postcards, photos, sculpture, drawing, painting, animation, sound recording, film, video,...
. 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.
Secret photography
Secret photography refers to the use of an image or video recording device to photograph or film a person who is unaware that they are being intentionally photographed or filmed...
under a female's skirt
Skirt
A skirt is a tube- or cone-shaped garment that hangs from the waist and covers all or part of the legs.In the western world, skirts are usually considered women's clothing. However, there are exceptions...
, capturing an image of her crotch area and underwear. The term "upskirt" can also refer to a video
Video
Video is the technology of electronically capturing, recording, processing, storing, transmitting, and reconstructing a sequence of still images representing scenes in motion.- History :...
, illustration
Drawing
Drawing is a form of visual art that makes use of any number of drawing instruments to mark a two-dimensional medium. Common instruments include graphite pencils, pen and ink, inked brushes, wax color pencils, crayons, charcoal, chalk, pastels, markers, styluses, and various metals .An artist who...
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
Sexual fetishism
Sexual fetishism, or erotic fetishism, is the sexual arousal a person receives from a physical object, or from a specific situation. The object or situation of interest is called the fetish, the person a fetishist who has a fetish for that object/situation. Sexual fetishism may be regarded, e.g...
or voyeurism
Voyeurism
In clinical psychology, voyeurism is the sexual interest in or practice of spying on people engaged in intimate behaviors, such as undressing, sexual activity, or other activity usually considered to be of a private nature....
and is similar in nature to downblouse
Downblouse
Downblouse refers to the practice of making unauthorized photographs down the top of a female's dress, capturing an image of her breasts.The practice is regarded as a form of sexual fetishism or voyeurism and is similar in nature to upskirting....
. 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
Humiliation
Humiliation is the abasement of pride, which creates mortification or leads to a state of being humbled or reduced to lowliness or submission. It can be brought about through bullying, intimidation, physical or mental mistreatment or trickery, or by embarrassment if a person is revealed to have...
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.
Social attitudes
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 SwingThe Swing (painting)
The Swing , also known as The Happy Accidents of the Swing , is an 18th century oil painting by Jean-Honoré Fragonard. It is considered as one of the masterpieces of the rococo era.-The painting:...
by Jean-Honoré Fragonard
Jean-Honoré Fragonard
Jean-Honoré Fragonard was a French painter and printmaker whose late Rococo manner was distinguished by remarkable facility, exuberance, and hedonism. One of the most prolific artists active in the last decades of the Ancien Régime, Fragonard produced more than 550 paintings , of which only five...
. In "polite society", looking up a lady's skirt was regarded as impolite or rude
Rude
Rude has many meanings:Behavior*Rudeness, disrespect for and failure to behave within the context of a society or a group of people's social laws or etiquettePeople*François Rude , a French sculptor...
. 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
Miniskirt
A miniskirt, sometimes hyphenated as mini-skirt, is a skirt with a hemline well above the knees – generally no longer than below the buttocks; and a minidress is a dress with a similar meaning...
brought the concept out onto the streets, and was viewed by many as mass exhibitionism
Exhibitionism
Exhibitionism refers to a desire or compulsion to expose parts of one's body – specifically the genitals or buttocks of a man or woman, or the breasts of a woman – in a public or semi-public circumstance, in crowds or groups of friends or acquaintances, or to strangers...
. "In European countries ... they ban mini-skirts in the streets and say they're an invitation to rape...."
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
Relationship breakup
A relationship breakup, often referred to simply as a breakup, is the termination of a usually intimate relationship by any means other than death. The act is commonly termed "dumping [someone]" in slang when it is initiated by one partner...
.
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
Internet pornography
Internet pornography is pornography that is distributed by means of various sectors of the Internet, primarily via websites, peer-to-peer file sharing, or Usenet newsgroups...
, as well as on video sharing sites such as YouTube
YouTube
YouTube is a video-sharing website, created by three former PayPal employees in February 2005, on which users can upload, view and share videos....
.
Attitudes hardened with the very widespread availability and use of digital photographic and video technology, most recently camera phone
Camera phone
A camera phone is a mobile phone which is able to capture still photographs . Since early in the 21st century the majority of mobile phones in use are camera phones....
s. 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" (ie., 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
Voyeurism
In clinical psychology, voyeurism is the sexual interest in or practice of spying on people engaged in intimate behaviors, such as undressing, sexual activity, or other activity usually considered to be of a private nature....
and pornography
Pornography
Pornography or porn is the explicit portrayal of sexual subject matter for the purposes of sexual arousal and erotic satisfaction.Pornography may use any of a variety of media, ranging from books, magazines, postcards, photos, sculpture, drawing, painting, animation, sound recording, film, video,...
. 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.Australia Attorney General Discussion Paper August 2005 - Unauthorised Photographs on the Internet
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.
Legal position
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.Australia
All states in AustraliaAustralia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
have passed laws making it illegal to take upskirt photos in public places without the subject's consent.
Finland
In 2010, an elderly man in TurkuTurku
Turku is a city situated on the southwest coast of Finland at the mouth of the Aura River. It is located in the region of Finland Proper. It is believed that Turku came into existence during the end of the 13th century which makes it the oldest city in Finland...
was fined 12 day-fine
Day-fine
A day-fine or day fine or unit fine is a unit of fine payment that, above a minimum fine, is based on the offender's daily personal income. A crime is punished with incarceration for a determined number of days, or with fines. As incarceration is a financial punishment, in the effect of preventing...
s and had his camera confiscated even though the act of taking upskirt photos is not exactly forbidden by law.
Japan
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.New Zealand
In New ZealandNew Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
it is illegal to make a visual recording of a person's intimate part
Intimate part
An intimate, personal, or private part is a place on the human body which is customarily kept covered by clothing in public venues and conventional settings, as a matter of decency, decorum, and respectfulness...
s 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.The Crimes (Intimate Covert Filming) Amendment Act 2006 created offences covering the making, possessing, publishing, importing, exporting or selling of voyeuristic recordings. The punishment can be up to three years' imprisonment.
United Kingdom
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.United States
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 privacyExpectation of privacy
In United States constitutional law the expectation of privacy is a legal test which is crucial in defining the scope of the applicability of the privacy protections of the Fourth Amendment to the United States Constitution...
.
Additionally, many state laws address the issue as well.National Centre of Victims of Crime
See also
- AnasyrmaAnasyrmaAnásyrma , also called anasyrmós, is the gesture of lifting up the skirt or kilt. It is used in connection with certain religious rituals, eroticism, and lewd jokes, see e.g. Baubo. The term is used in describing corresponding works of art...
- DownblouseDownblouseDownblouse refers to the practice of making unauthorized photographs down the top of a female's dress, capturing an image of her breasts.The practice is regarded as a form of sexual fetishism or voyeurism and is similar in nature to upskirting....
- Hidden cameraHidden cameraA hidden camera is a still or video camera used to film people without their knowledge. The camera is "hidden" because it is either not visible to the subject being filmed, or is disguised as another object...
- Legality of recording by civiliansLegality of recording by civiliansThe laws regarding the recording of other persons and property by means of still photography, videography, and audio recording vary by location. In many places, it is common for the recording of public property, persons within the public domain, and of private property visible or audible from the...
- PanchiraPanchirais an expression used by Japanese women to warn each other that their underwear is visible; the term carries risqué connotations similar to the phrase "your slip is showing" in English usage. The word is a portmanteau of and chira, the Japanese sound symbolism representing a glance or glimpse...
- Secret photographySecret photographySecret photography refers to the use of an image or video recording device to photograph or film a person who is unaware that they are being intentionally photographed or filmed...
Further reading
- The Future of Reputation, Gossip, Rumour and Privacy on the Internet,http://yalepress.yale.edu/book.asp?isbn=9780300124989 Daniel J. Solove, Yale University Press, 2007, ISBN 9780300124989, p. 166
- Sex in Consumer Culture, Tom Reichert, Jacqueline Lambiase, Routledge, 2006, ISBN 0-8058-5090-2
- Sex Crimes Investigation: Catching and Prosecuting the Perpetrators, Robert L. Snow, Greenwood Publishing Group, 2006, ISBN 0-275-98934-8, p. 146