Cyber-flashing is a form of abuse that involves sending or showing someone an image or video of genitals without their consent.
What this could look like:
Sending an image to someone via social media or a dating app
Airdropping someone an image
Showing someone an image
Putting an image somewhere for them to view
It is Against the Law?
In England and Wales, 'cyberflashing’ is covered by the Sexual Offences Act, which was updated by the Online Safety Act in 2023. It is now a criminal offence to share an unsolicited image of genitals with the intention to cause alarm, distress or humiliation, or for the purpose of obtaining sexual gratification.
Here’s how the law defines it:
Section 66A - Sending etc photograph or film of genitals
A person (A) who intentionally sends or gives a photograph or film of any person’s genitals to another person (B) commits an offence if—
- (a) A intends that B will see the genitals and be caused alarm, distress or humiliation, or
- (b) A sends or gives such a photograph or film for the purpose of obtaining sexual gratification and is reckless as to whether B will be caused alarm, distress or humiliation.
In Simple Terms
It is a criminal offence to send someone an image or video of genitals when the sender intends to alarm, upset, embarrass, or distress the recipient, or is seeking sexual gratification and does not care if it causes harm towards the individual.
A person commits an offence if they intentionally send or give another person a photo or video of genitals and:
They intend for the recipient to see it and be alarmed, distressed, or humiliated, or
They send it for their own sexual gratification and are reckless about whether it will cause the recipient alarm, distress, or humiliation.
What Counts as "Sending" an Image?
The law covers more than just sending a picture in a message, it includes:
Sending it by any means, including electronically (such as text, social media, email, or messaging apps).
Showing it directly to another person.
Leaving or placing it somewhere for a particular person to find.
Examples of a Criminal Offence
Sending an unsolicited picture of genitals to someone to shock or upset them.
Sending a sexual image for personal sexual gratification without caring whether the recipient feels distressed or humiliated.
Deliberately leaving a sexual image for a specific person to discover.
Scotland
In Scotland, ‘cyberflashing’ has been illegal under the Sexual Offences Act since 2010. This is defined in the legislation as follows:
Section 6: Coercing a person into looking at a sexual image
(1) If a person (“A”) intentionally and for a purpose mentioned in subsection (2) causes another person (“B”)—
- (a) without B consenting, and
- (b) without any reasonable belief that B consents,
to look at a sexual image, then A commits an offence, to be known as the offence of coercing a person into looking at a sexual image.
(2) The purposes are—
- (a) obtaining sexual gratification,
- (b) humiliating, distressing or alarming B.
(3)For the purposes of subsection (1), a sexual image is an image (produced by whatever means and whether or not a moving image) of—
- (a) A engaging in a sexual activity or of a third person or imaginary person so engaging,
- (b) A's genitals or the genitals of a third person or imaginary person.
In Simple Terms
In Scotland, it is a criminal offence to intentionally cause someone look at a sexual image without their consent if the purpose is to gain sexual gratification or to humiliate, distress, or alarm them.
A person commits an offence if they:
Intentionally cause another person to look at a sexual image.
The person looking at the image has not consented.
The sender does not reasonably believe the person consented.
The purpose is either:
To obtain sexual gratification, or
To humiliate, distress, or alarm the other person.
What Counts as a Sexual Image?
The law covers images of:
A person engaging in a sexual activity.
Another real or imaginary person engaging in a sexual activity.
A person's genitals.
The genitals of another real or imaginary person.
The image can be:
A photograph.
A video.
An animation.
A digitally created image.
Any other type of image, whether moving or still.
Examples of a Criminal Offence
Sending an unsolicited picture of genitals to someone for sexual gratification.
Forcing someone to view a sexual image online without their consent.
Sending a sexual image to deliberately shock, upset, embarrass, or humiliate someone.
Showing someone a sexual image in person without their agreement.
Northern Ireland
In Northern Ireland, changes to The Sexual Offences (Northern Ireland) in 2023 made cyberflashing illegal. This is found in the following section:
Sending etc an unwanted sexual image
72A.(1) A person (A) commits an offence if—
(a) A intentionally sends or gives to another person (B) a sexual image,
(b) A does so—
- (i)without B’s consent, and
- (ii)without reasonably believing that B consents, and
(c)either condition 1 or condition 2 is met.
(2) Condition 1 is that A intends that B will look at the image and that doing so will cause humiliation, alarm or distress to B.
(3) Condition 2 is that—
- (a) A’s purpose in sending or giving the image is to obtain sexual gratification, and
- (b) A is reckless as to whether B is humiliated, alarmed or distressed.
(4) For the purposes of this Article, a sexual image is a photograph or film of—
- (a) any person engaging in a sexual activity, or
- (b) any person’s genitals
In Simple Terms
In Northern Ireland, it is a criminal offence to send someone a sexual image without their consent if the intention is to upset or distress them, or if it is sent for sexual gratification without regard for how it affects the recipient.
A person commits an offence if they:
Intentionally send or give a sexual image to another person.
The recipient has not consented to receiving it.
The sender does not reasonably believe the recipient has consented.
In addition, one of the following applies:
The sender intends for the recipient to see the image and be humiliated, alarmed, or distressed, or
The sender's purpose is for sexual gratification, and they are reckless about whether the recipient is humiliated, alarmed, or distressed.
What Counts as a Sexual Image?
The law defines a sexual image as a photograph or film showing:
A person engaged in a sexual activity, or
A person's genitals.
Examples of a Criminal Offence
Sending an unsolicited image of genitals to someone.
Sending a sexual image to shock, embarrass, or upset another person.
Sending sexual images for personal sexual gratification without caring whether the recipient feels distressed or uncomfortable.
What Can I do if I Have Experienced Cyber-flashing?
If you have experienced cyber-flashing, we would encourage you to make a report to the police, if you feel comfortable doing so. You can make a report online, via the non-emergency number 101 or by visiting a police station. According to the police, you can make a report to them regarding cyber-flashing without ‘evidence’. However, they have explained that details like username, the platform used and the time it happened can be useful. You can read more here.
If you experience cyber-flashing whilst on the train, you can report this to the British Transport Police. You can either call 0800 40 50 40, text 61016 or make a report online here.
We appreciate this can all be overwhelming, and if you want advice around the law, we encourage you to reach out to the below service for support:
- Rights of Women (England and Wales) - https://www.rightsofwomen.org.uk/get-advice/criminal-law/
- Scottish Women's Rights Centre - https://www.scottishwomensrightscentre.org.uk/news/news/flashing-and-cyber-flashing--what-to-do-and-where-to-get-support/
Experiencing indecent exposure (often referred to as ‘flashing’) in any form can feel incredibly violating, as well as causing fear and alarm. If you have experienced this type of abuse, we would encourage you to reach out for further support regarding what has happened. If something sexual has happened to you without your consent, you can contact Rape Crisis (/https://www.rapecrisisscotland.org.uk/help-helpline/) to talk this through.
You can also find a list of emotional support services on our website here.
