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August 2023
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The Government has recently announced the introduction of a new offence called "cyber flashing," which will be included in the Online Safety Bill. This move is part of the Government's ongoing effort to ensure that legal frameworks adapt to new and emerging types of crimes.
What is Cyberflashing? Cyberflashing refers to the act of sending unsolicited sexual images to others through various digital platforms, such as social media, dating apps, or using Bluetooth or Airdrop technology. These images can appear on the recipient's device without consent, even if they reject the transfer. The proposed offence criminalises sending explicit photos or videos of a person's genitals to derive sexual pleasure or cause the recipient distress, alarm, or humiliation. Prevalence and Concerns Research by Professor Jessica Ringrose revealed that a significant number of girls aged 12 to 18 had received unsolicited explicit images from males, with approximately 75.8% falling victim to this behaviour. Some girls reported blocking or reporting adult men who sent unwanted photos, but they found it more challenging to address similar behaviour from peers. The research also highlighted issues related to revenge porn among school-age students, as those under 18 lack proper avenues for assistance compared to adults. The Rationale for the Offence The new offence of cyber flashing is in line with previous actions to criminalise acts like upskirting and voyeurism involving breastfeeding. The intention behind these measures is to prioritise the protection of women and girls. Dominic Raab, the Lord Chancellor and Secretary of State for Justice, has emphasised this as a top priority. Online Safety Bill Overview The Online Safety Bill aims to regulate the actions of social media and technology companies, holding them responsible for harmful and illegal content on their platforms. The legislation follows the principle that what is illegal offline should also be illegal online. An initial draft of the Bill was introduced in May 2021, imposing a "duty of care" on social websites to remove harmful content and safeguard children. Ofcom, the media regulator, provided oversight. Recent developments include strengthening the Bill and granting Ofcom more authority to establish and enforce clear standards. Additional Offences Covered Apart from cyber flashing, the Online Safety Bill encompasses other offences proposed by the Law Commission in its review of "Modernising Communications Offences." These offences include:
Related: Government to introduce new cyber laws Priority Offences and Penalties The Bill places a duty of care on internet companies to address illegal content, especially prioritising forms such as terrorism, child sexual abuse, and exploitation. The proposed penalty for cyber flashing is a maximum of 2 years imprisonment, while harm-based offences carry a similar sentence. The false communication offence would carry up to 51 weeks' imprisonment, and the threatening communication offence could result in up to 5 years imprisonment. In summary, introducing the cyber flashing offence in the Online Safety Bill reflects the Government's commitment to addressing emerging digital crimes and protecting against harmful online behaviours. The Bill aims to regulate technology companies more effectively and set clear standards for online content while also addressing related offences that need to be adequately covered by existing laws. The Statement Cyberflashing The Government has announced that a new offence of cyber flashing is to be introduced. The offence will be included in the Online Safety Bill as part of the Government's efforts to ensure laws keep pace with emerging crimes. Why cyber-flashing? The new offence follows similar actions to criminalise upskirting and breastfeeding voyeurism. Protecting women and girls is Dominic Rabb's top priority as Lord Chancellor and Secretary of State for Justice. Penny Lewis, Criminal Law Commissioner, said that the online world had increased the scope for abuse and harm with a worrying rise in reports of cyber flashing. The offence will close existing loopholes in the law and be treated as seriously as in-person flashing. Online Safety Bill The Bill seeks to regulate social media and technology giants, with a parliamentary report stating that what was illegal offline should be made illegal online. The first draft of the Bill was published in May 2021 and placed a "duty of care" on social websites to remove harmful and illegal content and to protect children. However, it was left mainly to the companies to police themselves with oversight from Ofcom, the media regulator. The parliamentary report called for Ofcom to be given more extraordinary powers and to set explicit standards. The Culture Secretary, Nadine Dorris, said the Bill has been strengthened and improved since the first draft. She said the intention is to make online companies responsible for protecting children and tackling illegal content. Other offences Proposals from the Law Commission (in the review "Modernising Communications Offences), carried in the Bill, alongside cyber flashing, include:
Priority offences The Bill places a duty of care on internet companies to limit the spread of illegal content. It requires them to put systems in place to remove the content and to take additional proactive measures for priority forms of online unlawful content. Those listed in the draft bill were terrorism, child sexual abuse, and exploitation. The list of further priority offences to be written into the Bill has been developed using the following criteria:
The offences will fall into the following categories:
Penalties The new offence of cyber flashing would carry a maximum of 2 years imprisonment. The harm-based violations would also carry two years; the false communication offence would carry 51 weeks, and up to 5 years for the threatening communication offence. Professor Jessica Ringrose Source Article originally posted on Ashmans Solicitors Blog Cybercrime To Become New Offence Comments are closed.
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