Cyberflashing: Understanding new law that bans sending unwanted nude pictures

Offenders could face up to two years behind bars under the new Online Safety Bill

Sending non-consensual sexual images is now a criminal offence (Getty Images)

In the first case of its kind, a man has been jailed for sending a non-consensual image of his genitals to a woman and a teenage girl.

His prison sentence comes as the government cracks down on cyber crimes, as the internet and social media pose new challenges with emerging crimes against women.

Under laws introduced in the Online Safety Bill, sending non-consensual intimate images has become a criminal offence, which could see a perpetrator spending as long as two years behind bars. It brings the punishment in line with flashing in person, which can also carry a two-year prison sentence.

It comes as research from 2020 shows that 76 per cent of girls aged between 12 and 18 have been sent unsolicited nude images of boys or men, while YouGov research found that four in ten women aged 18 to 34 had been sent similar sexual images.

Have you been a victim of cyber-flashing? Email holly.evans@independent.co.uk

Four in ten women aged between 18 and 34 have received an unwanted sexual image (Getty Images/iStockphoto)

Nicholas Hawkes, 39, was caught after he sent an image of his genitals to a 15-year-old girl and a woman on iMessage and WhatsApp, who reported him to Essex Police. A convicted sex offender, his actions breached a community order placed upon him last year for sexual activity with a child.

He has now been jailed for 15 months and has been made the subject of a 15-year sexual harm prevention order.

What is cyber-flashing?

Cyber-flashing consists of offenders sending an unwanted sexual image to their victims, often via dating apps or social media. With Bluetooth and Airdrop, previews of the image often appear on the victim’s device, meaning they are forced to see the picture before being able to reject it.

It has now become a crime under the Online Safety Bill, which passed through government in October 2023 and came into effect on 31 January this year.

This will cover unwanted pictures sent over platforms such as Hinge or Tinder, as well as Snapchat, WhatsApp, Facebook Messenger and those which are Airdropped.

As well as covering other digital offences such as sharing sexual footage without consent and deepfaking intimate images, tougher punishments for cyber-flashers were also included in the law, with the CPS issuing new guidance.

Nicholas Hawkes, 39, was jailed for 15 months after he sent an image of his genitals to a teenager and a woman on iMessage and WhatsApp (Essex Police/PA Wire)

Where cyber-flashing, which consists of people sharing images of their own body parts, was done to “gain sexual gratification, or to cause alarm, distress or humiliation”, a custodial sentence could be enforced.

It follows a Law Commission review which recommended that a new offence should be created to tackle the issue.

“Online abusers and trolls will be prosecuted and put behind bars for their cowardly and menacing acts – ensuring the public are protected and can have better peace of mind when online,” Michelle Donelan, Technology Secretary, said in a previous statement.

“Our pioneering Online Safety Act is already setting a global standard, and pivotal protections like these will keep sick individuals off our streets and unable to endanger Brits online.”

What is the Online Safety Bill?

The controversial piece of legislation aims to impose rules upon social media companies to ensure inappropriate and dangerous material is kept away from children and vulnerable people.

This includes self-harm material. The law holds platforms such as Meta and Apple responsible for illegal content such as child sex abuse images, as well as preventing the sale of drugs and weapons and revenge porn.

Social media sites such as Snapchat and TikTok would also have to ensure underage children were unable to create accounts, while adult content websites must ensure they enforce legal age limits.

It faced numerous concerns that it was too far-reaching, or that it infringed upon an individual’s privacy given that platforms like WhatsApp would be forced to undermine messaging encryption so that private conversations could be checked for illegal behaviour.

Among the new laws passed include a crackdown on online violence against women and girls, making it easier to charge abusers who share intimate images and criminalise the non-consensual sharing of intimate deepfakes.