Everything you need to know about cyberflashing as it’s set to become a criminal offence

Whether it’s how we do our work, keep in touch with our friends, or even how we stay in shape, our everyday lives are increasingly dominated by the online world.

Despite the move to online, much of the Internet remains unregulated and many behaviours – including the sending of unsolicited pictures – aren’t treated with the same force as they would be if they took place in the ‘real’ world.

Fortunately, following various campaigns to criminalise the sending of such photos, cyberflashing is finally set to become a crime in England and Wales as part of the Online Safety Bill.

Here’s everything you need to know about the offence…

What is cyberflashing?

Cyberflashing is the act of sending unsolicited sexual images.

According to the Cambridge Dictionary, cyberflashing is: “The act of someone using the internet to send an image of their naked body, especially the genitals (= sexual organs), to someone that they do not know and who has not asked them to do this”.

Where does it take place?

AsThe Law Commission explained : “The practice typically involves offenders sending an unsolicited sexual image to people via social media or dating apps, but can also be over data sharing services such as Bluetooth and Airdrop.

“In some instances, a preview of the photo can appear on a person’s device – meaning that even if the transfer is rejected victims are forced into seeing the image.”

How many people are affected by cyberflashing?

Various pieces of research into cyberflashing have identified it as being a widespread issue that is on the rise.

In fact,research published in 2020 indicated that three-quarters of girls aged 12 to 18 have been sent unsolicited nude images of boys or men.

Similarly,dating app Bumble found that in the past year alone nearly half of women aged between 18 and 24 had received an explicit image that they didn’t ask for.

And when it comes to reporting incidents, in 2019 theBritish Transport Police revealed that there’d been 66 reported cases of people receiving unwanted sexual images via AirDrop, compared to 34 in 2018.

Is it illegal?

Cyberflashing has been illegal in Scotland since 2010 but in England and Wales there has been no specific legislation in place.

However, on March 13 it was announced that cyberflashing would become a criminal offence in England and Wales as part of the Online Safety Bill.

Anyone found guilty could face up to two years in prison.

Speaking of the legislation, 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.”

What is the impact of cyberflashing?

Though cyberflashing may take place in the digital sphere, the impacts of this form of sexual intimidation can be seen in the offline world too.

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Former Inbetweeners star Emily Atack has been vocal about the prevalence of cyberflashing and has opened up about how it has impacted her.

Appearing on the Plot Twist podcast in February, the 32 year old actress explained that she receives explicit images from strangers on a daily basis.

“People don’t realise the harm and the triggering it can spark – where else you take it in your mind,” she said.

“If someone sends me a sexually explicit message, I’m like, ‘Why have they said that to me?’ It makes you question everything you are and why you’re single – and suddenly, you drive yourself crazy.”

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