Cyberflashing legislation doesn't go far enough, campaigners say

The Online Safety Bill heads into the final stages next month, however campaigners are increasingly concerned that the proposed legislation on cyberflashing legislation is not enough.

Cyberflashing, is term that is otherwise commonly known as sending ‘d*** pics’, where unsolicited images or video recordings of genitals are sent without consent.

And it something a lot of young people have experienced, with almost half (48 per cent) of 18-24 year olds (1,793 respondents) in the UK having received a sexual photo they did not ask for, or consent to, according to research from women-first dating app, Bumble.

Furtheing proving thatconsent-based approach to cyberflashing is more important than ever with almost half (48 per cent) of 18-24 year olds in the UK having received a sexual photo they did not ask for, or consent to.

Sign up to our free Indy100 weekly newsletter

Intent is what the current proposed cyberflashing legislation is based on but this can be hard to prove and protects people, often men, who send unsolicited sexual pictures as a joke.

Consequently the onus is put on the victim to prove the sender’s intent when they come to report cyberflashing.

Professor Clare McGlynn, an expert in cyberflashing, explains, “The proposed cyberflashing legislation is based on proving malicious intent, which is out of step with other proposed and existing sexual violence laws.

"This approach will leave a loophole in the law, ultimately making prosecutions against cyberflashing unlikely whilst protecting men and allowing them to claim a defence of ‘it was a joke’ or ‘I was having a laugh’.

She added: "Furthermore, current cyberflashing proposals are complex and confusing, risking women’s further loss of faith in the UK’s criminal justice system.”

Now, Bumble, the women-first dating app, UN Women UK, TV Personality Amy Hart and Grazia, are calling for the UK’s proposed cyberflashing legislation to be based on consent, not harmful intent.

In recent years they have campaigned in a coalition for the introduction of cyberflashing legislation in order to make this behaviour illegal.

The overwhelming majority (86 per cent) of the UK agree that more needs to be done to stop unsolicited sexual images. This number has worryingly increased by 5 per cent since the initial research in 2021.

This is a growing form of harassment with research showing that women are experiencing cyberflashing, receiving unsolicited intimate sexual pictures, during mundane moments in the day.

More than one in three (35 per cent) women have received an unsolicited sexual image whilst at work, over one in four (27 per cent) have received one whilst travelling on public transport, and almost one in five (19 per cent ) have received images just whilst walking down the street.

Claire Barnett, Executive Director of UN Women UK says there are no blurred lines when it comes to consent, she said:

"We must believe survivors, and that means a definition of sexual harassment that is about unwelcome behaviour rather than the intention of the perpetrator.

"Consent must be enthusiastic, given freely, informed, specific and reversible.

It is critical that we create a culture of consent from an early age if we are to eliminate sexual harassment in the same way that we have seen a huge behavioural change around wearing seatbelts or using single-use plastic bags. We need safe spaces - online and offline - now.”

Amy Hart, TV Personality and cyberflashing victim on multiple occasions since being in the spotlight described how "pervasive" it is that it even happened during her pregnancy.

"Receiving d*ck pics that I did not ask for left me feeling extremely vulnerable and powerless at a time when I should have been at my happiest. Sadly, research shows that I am not alone," she said.

"That’s why a consent-based approach to any cyberflashing law is so important as it protects the victim. The proposed intent-based approach to cyberflashing which is addressed in the Online Safety Bill does not go far enough.

"Intent is too hard to prove and it gives room for men to send unsolicited pictures as a joke. For those of us that have to experience it, it’s not funny at all”.

,Bumble, UN Women UK, and Grazia are encouraging people across the UK to show their support for a consent-based approach to cyberflashing legislation by signing this pledge.

The pledge aims to show the need for a consent-based approach, recognising the harm of cyberflashing. To introduce legislation that doesn't centre on consent is undermining the need for education and wider behavioural change.

Payton Iheme, Head of Global Public Policy at Bumble said, ’’Cyberflashing is a form of everyday harassment that causes victims to feel distressed, violated, and vulnerable on the internet.

"We're encouraged by the UK Government's decision to introduce legislation, however, the law needs to be based on consent to send a clear message that sending explicit nude images is not a joke.

"Bumble's research shows that the majority of people in the UK agree that more needs to be done to address cyberflashing and alongside experts and key organisations, we're calling for the Government to move forward with a consent-based approach.”

Hattie Brett, Grazia editor said: "After years of campaigning, the bravery of women who helped make cyberflashing a crime finally paid off: perpetrators will now face two years in prison.

But it’s essential that the legislation is not watered down at the last hurdle - an approach that embeds consent is the only way to ensure women are no longer subject to this disturbing behaviour."

To support the cause and sign Bumble, UN Women UK and Grazia’s pledge, click here.

See more for details of Bumble’s #DigitalFlashingIsFlashing campaign and follow @bumble_uki on Instagram.

Have your say in our news democracy. Click the upvote icon at the top of the page to help raise this article through the indy100 rankings.