Cyber-flashing

Debate between Caroline Nokes and Fay Jones

Tuesday 25th January 2022 Westminster Hall

[Fay Jones (Brecon and Radnorshire) (Con)]

I beg to move,

That this House has considered the matter of cyberflashing-related harms.

It is a pleasure to see you in the chair, Mr Gray. Let me start by explaining the perverse act of cyber-flashing. In essence, it is where a person is sent an unsolicited sexual image. There are two currents to this, and the first is through social media. More often than not, indecent images are persistently sent to Instagram, Snapchat or Twitter accounts. The second, more perverse angle, is where an image is received in a public place on someone’s device, just because their Bluetooth or AirDrop happens to be on. It often happens in public places such as on trains and buses or in lecture halls, where someone is in close proximity to people they do not know. It happens to men and women of all ages, and, sadly, is only increasing.

Cyber-flashing can be intimidating and distressing but, more than that, if someone receives an indecent image from a stranger in a public place, they are in a very vulnerable position. They are often alone with their perpetrator. Sometimes, the perpetrator is there, deliberately watching them, waiting for their reaction. It is a way of creating anxiety, a feeling of being watched and lack of safety, with the inherent threat that it could be followed up by a physical act of sexual harassment or violence.

There is evidence that cyber-flashing in this way is a gateway offence to more serious acts of violence. The man who killed Sarah Everard was accused of flashing before he went on to commit his horrific crime. It is time we made cyber-flashing a criminal offence on a par with its physical counterpart, to ensure the law catches up with technology.

[Caroline Nokes (Romsey and Southampton North) (Con)]

My hon. Friend has done incredible work highlighting the seriousness of cyber-flashing. Does she agree that it needs to be a specific criminal offence, alongside public sexual harassment? I would love to hear the Minister’s views on that.

[Fay Jones]

I thank the Chair of the Women and Equalities Committee not just for her intervention, but for her work in this area. I agree with her, and I would be interested to hear the Minister’s response later on.

At present, if someone is a victim of cyber-flashing the avenues to seek justice are limited at best. The Indecent Displays (Control) Act 1981, which criminalises the public display of indecent matter, is little known and likely to be little used. Laws on image-based sexual abuse are not based on an understanding of power and entitlement as the factors behind sexual harassment. They focus too narrowly on perpetrator motivations and do not provide the protection of anonymity for complainants, which I think is crucial.

Cyber-flashing is not an entirely new or recent problem. I am not the first to raise the need to criminalise cyber-flashing in this place. I pay tribute to hon. Friends who have partnered with the magazine Grazia, including my right hon. Friend the Member for Basingstoke (Mrs Miller) who has endorsed this campaign.

Since I have started talking about making cyber-flashing an offence in its own right, I have received not just many messages of support, but countless emails and social media messages from women who have been subjected to this cruel act. I pay particular tribute to the television actor and personality, Emily Atack, who was invited to Parliament by my hon. Friend the Member for Stroud (Siobhan Baillie) to talk about her experiences. I explained that I had sent her a message on Instagram asking to work with her on this campaign; she apologised to me, explaining that she never saw the message because her account is deluged with indecent images. I congratulate Emily, and others, for having the courage to speak out.

One field in which cyber-flashing is extremely common is online dating apps. I have been working with the app Bumble, which says that cyber-flashing is shockingly prevalent in the UK and disproportionately affects young women. According to a Bumble survey, in the past year alone 48% of millennial women said that they had been sent an unsolicited sexual image. One in four of those surveyed found that the prevalence of unsolicited lude images had got worse during the covid-19 pandemic, while one in three believed that cyber-flashing had become part and parcel of online behaviour. I do not know about you, Mr Gray, but I find that shocking. If we can agree on one thing this afternoon, it is that the unsolicited sharing of lewd images is not a part of normal courtship.

Education is one way in which we can seek to address this growing problem—making young people aware of the harm that this act can inflict on someone. This is already happening, thanks to campaign-led organisations such as Brook, which provide relationships and sex advice in schools throughout England and Wales. Its campaigners are also spending this freezing-cold Tuesday afternoon sitting on College Green with their advertising van. I encourage all Members, if they have a moment, to go and show their support for the campaign to ban cyber-flashing. I credit them for being hardy enough to stay there all afternoon.

Brook’s campaign to raise awareness of the harm caused by cyber-flashing is based on changing people’s behaviour and educating around consent. It is illegal to send someone younger than 18 an indecent image, yet almost half of millennial women who have received such an image were younger than 18 the first time that it happened. This figure rises to 71% when looking at 18 to 24-year-olds. What is illegal offline should be illegal online, and the law needs strengthening to achieve that. In June 2018, the Government introduced the Voyeurism (Offences) Act 2019, which sought to make upskirting a specific criminal offence. This is a prime example of how the law is involved in catching up with technological advancement.