ARThe Revenge Porn Helpline welcomes the UK Government’s recent announcement to introduce new offences targeting the creation and sharing of sexually explicit ‘deepfake’ images and other forms of non-consensual intimate image abuse. This legislation marks a significant milestone in addressing a growing epidemic of digital exploitation and is a positive step taken in the move to strengthen protections against intimate image abuse as introduced by Baroness Owen’s private members Bill at the end of 2024. Take a look at what will be included and where current gaps still remain.
Criminalising Synthetic Media
The rise of synthetic media and deepfake technology has in recent years opened up a new avenue for online abuse. These realistic, manipulated images are often weaponised against women, causing profound psychological harm and robbing those targeted of their sense of safety and control. Many celebrities have also been victim to fake or misleading content that has been spread worldwide. Until now, the law has struggled to keep pace with the rapid evolution of this technology, leaving those affected without adequate recourse.
The new legislation which will be coming into force states that the creating or sharing sexually explicit deepfake images without consent will be a criminal offence and offenders will soon face up to two years in prison.
Expanding Protections for Victims
Beyond addressing synthetic media, the new offences include:
- Criminalising the non-consensual taking of intimate images, which includes taking or recording an intimate photograph or film without consent or reasonable belief in it.
- Targeting those who install or maintain equipment with the intent of capturing intimate images without consent.
These measures will look to address critical gaps in existing laws and provide law enforcement with a robust framework to prosecute offenders effectively. By also repealing outdated voyeurism offences, the government is ensuring a more comprehensive and modern approach to tackling intimate image abuse that covers a lot more bases and acknowledges the ongoing development of technology.
Supporting Women and Girls
The current data continuously paints a stark picture: one in three women in the UK has experienced online abuse with the Revenge Porn Helpline experiencing a 106% increase in reports just from the previous year alone. These figures underscore the urgent need for legal reforms to better protect women and girls, who are disproportionately targeted by intimate image abuse and online misogyny.
Jess Davies, a campaigner and presenter, described intimate image abuse as a “national emergency” causing irreparable harm to victims. Her call for urgent action resonates with our mission at the Revenge Porn Helpline: to empower those affected to feel safer online whilst holding perpetrators accountable for their behaviour.
Remaining Gaps and Questions
While the proposed legislation represents a significant step forward, several critical points must be addressed to ensure the law is both comprehensive and effective:
First and foremost, the law must be consent-based, without requiring proof of motive. The Government has not yet confirmed whether the new offences will hinge solely on the absence of consent, but this is vital. Introducing motive thresholds—such as requiring proof of intent to cause harm or gain sexual gratification—has historically undermined the effectiveness of similar laws. A consent-based approach ensures clarity, simplicity, and inclusivity in protecting victims.
Additionally, the legislation must address the use of "nudify" apps, which generate non-consensual nude images. It is unclear whether using such an app constitutes "creation" or "solicitation." This ambiguity risks leaving gaps in the law, particularly as these tools become more accessible and their misuse proliferates.
The issue of solicitation or procuring sexually explicit deepfakes also requires attention. Current laws on encouraging or assisting crime may not adequately cover cases where individuals request someone else to create abusive content, especially when the perpetrator or the software provider operates in a jurisdiction where such actions are not criminalised. This is a widespread problem in online communities where intimate images are traded, and the legislation must explicitly criminalise solicitation in this context.
Finally, the definition of "intimate image" must align with existing offences for taking and sharing non-consensual images. Past proposals have suggested narrower definitions, which could confuse enforcement and leave some victims without protection. A broad, consistent definition ensures the law covers all forms of intimate image abuse comprehensively.
Sophie Mortimer Revenge Porn Helpline Manager said: ‘’While this legislation represents significant progress, much more work remains to be done. There needs to be more clarification around what these offences will cover and ensuring all bases are covered are critical next steps. We also still need to address the ongoing concern of NCII not being removed from a perpetrator’s device even after a conviction – this is still a critical gap that needs resolving. At the Revenge Porn Helpline, we remain committed to advocating for those affected by intimate image abuse, working closely with law enforcement, and continuing to advocate for technological solutions like StopNCII.org to counter the spread of non-consensual intimate images.’’
