Blackmail is generally the act of coercing an individual or entity to agree to some form of payment in exchange for not revealing a secret. Sometimes, a threat of bodily harm or death is used to make an individual or entity comply with some form of compensation or criminal act. By using illegal means to obtain compensation, blackmail may encompass several different forms, including extortion, coercion, and commercial pressure.
The most common terms associated with blackmail include extortion, coercion, and commercial pressure. Extortion is the use of verbal or written threats against an individual or entity to expose private information. Coercion may include specific types of threats such as bodily injury or death unless an individual agrees to commit a criminal act. Commercial blackmail is typically associated with threats against a business.
In some cases, extortion may occur without acts of violence. Generally, extortion involves using private, personal knowledge of another that may cause irreparable damage if the information is made public. A person who uses means of extortion threatens to reveal the private information unless an individual or entity fulfills an illegal request for a payoff.
Coercion occurs when an individual is forcibly intimidated to participate in an illegal activity. With coercion, the threat of physical or irrevocable harm is used to procure favors. Without the threat, the person would not participate in the illegal activity. Fear tactics — such as threats of bodily harm or death to the individual or family members — are used to compel the person to act unwillingly.
Threats of action within commercial blackmail may involve revealing business practices that could damage the business’ reputation. For example, this could include revealing trade secrets that give the business a competitive edge, such as a recipe or an internal marketing practice. Other secrets damaging to a business might be a negative business practice such as illegal dumping of toxic chemicals.
The legal interpretation of each type of blackmail may vary slightly by jurisdiction, but will generally include two standards. First is the intent to use embarrassing information or threats of physical harm as leverage to gain favors. The second standard is that the blackmailer would not receive compensation or an agreement to commit an unlawful act from the victim of blackmail without the making of threats.
Proving extortion, coercion, or commercial blackmail might be difficult depending on the evidence that exists. Physical evidence such as an audio or video recording could lead to a stronger case. Often, the court may consider whether the accused has a criminal history and the value of compensation sought.
