Cyber-flashing could become a “priority offence” under the Online Safety Act with social media platforms and dating apps to be required to take proactive steps to prevent users from seeing unsolicited nude images
Cyber-flashing joins doctored sexually explicit images of adults called ‘deepfakes’, and encouraging or assisting serious self-harm as ‘priority offences’ in updates to regulations attached to the Online Safety Act.
A YouGov survey of 12–18-year-olds in England identified about one in three girls (32%) has received unsolicited pictures of male genitals. One in 20 boys (5%) of the same age has also been affected. Technology Secretary Liz Kendall has set out plans to put stronger legal requirements on tech companies to actively prevent unsolicited nude images from being shared on their platforms, not just react to it after the fact. Possible actions could see social media companies using automated systems pre-emptively detecting and hiding the image, moderation tools or stricter content policies. Failure to do so could see fines of up to 10% of the companies’ qualifying worldwide revenue and potentially blocking their services in the UK.
Cyberflashing became a criminal offence in England and Wales in January 2024, under the Online Safety Act 2023. The law made it illegal to send unsolicited sexual images with intent to cause alarm, distress, or for sexual gratification. Perpetrators can face up to 2 years in prison. Technology Secretary Liz Kendall said:
“The internet should never be a breeding ground for harassment and violence. Through our Plan for Change, we are taking action to ensure it is a place where women and girls feel safe and empowered.
“No more excuses. Tech companies must make it a priority to stop their platforms from becoming a gateway for these deeply harmful and violating images.”
The move is part of the government’s plan for change and stated aim of halving violence against women and girls (VAWG).
Andrea Simon, Director of the End Violence Against Women Coalition (EVAW), concluded:
“We welcome this move which will put requirements on certain tech companies to do more to identify cyberflashing occurring on their platforms. This must translate into tech companies taking stronger preventative action to stop it from happening, so that we can protect women and girls’ rights and freedoms online.
“Cyberflashing has sadly become normalised, and we hope that making it a priority offence under the Online Safety Act will increase awareness and encourage action and meaningful consequences, so that it is no longer tolerated in society.
“However, we know that education is also key to stopping cyberflashing and other online forms of male violence, not least because these harmful behaviours often take place on private messaging channels.”
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