The draft Online Safety Bill will make ‘cyberflashing’ a criminal offence in the UK, introducing up to two years in prison for perpetrators.

Cyberflashing is when people send unsolicited sexual images via digital channels, including social media, dating apps or other data sharing services. For applications that preview photos, even rejecting the image transfer means victims might be exposed to offensive content.

Under the proposed laws, anyone who sends a photo or film of a person’s genitals, for the purpose of their own sexual gratification or to cause the victim humiliation, alarm or distress could be found guilty of cyberflashing.

It will also give police and the Crown Prosecution Service more powers to prosecute people accused of the offence.

As part of similar legislation, the act of upskirting and breastfeeding voyeurism were criminalised.

According to 2020 research conducted by Professor Jessica Ringrose, 76% of girls aged 12-18 had been sent unsolicited nude images of boys or men.

Deputy Prime Minister, Lord Chancellor and Secretary of State for Justice, Dominic Raab said: “Protecting women and girls is my top priority, which is why we’re keeping sexual and violent offenders behind bars for longer, giving domestic abuse victims more time to report assaults and boosting funding for support services to £185m per year.

“Making cyberflashing a specific crime is the latest step – sending a clear message to perpetrators that they will face jail time.”

The cyberflashing offence was recommended as part of the Law Commission review ‘Modernising Communications Offences’.

Professor Penney Lewis, Criminal Law Commissioner at the Law Commission said: “Whilst the online world offers important opportunities to share ideas and engage with one another, it has also increased the scope for abuse and harm. Reports of cyberflashing are rising worryingly. This offence will close loopholes in the existing law and ensure that cyberflashing is treated as seriously as in-person flashing.”

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Alongside the new cyberflashing offence, the UK Government has previously committed to creating three other new criminal offences through the Online Safety Bill. These include sending abusive emails, social media posts and WhatsApp messages, as well as ‘pile-on’ harassment where many people target abuse at an individual such as in website comment sections.

Digital Secretary Nadine Dorries said: “Tech has the power to bring people together and make our lives better, but it can also enable heinous behaviour from those who wish to abuse, harm and harass.

“The forthcoming Online Safety Bill will force tech companies to stop their platforms being used to commit vile acts of cyberflashing. We are bringing the full weight on individuals who perpetrate this awful behaviour.”

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