Cyber-flashing

Debate between Fay Jones and Ruth Edwards

Tuesday 25th January 2022 Westminster Hall

[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.

[Ruth Edwards (Rushcliffe) (Con)]

I congratulate my hon. Friend on securing this debate and on her fantastic campaign. She is talking about the law keeping up; it seems to me that one of the key problems when it comes to offences using digital technology is the speed with which criminals exploit technology—in this case to sexually harass people, and mainly women—far outstrips the speed of our legislative process. While it is important that we get things right, does my hon. Friend agree that we need to take steps to speed up our response to new sexual offences such as upskirting, threats to share intimate images and cyber-flashing, so that we can better protect people sooner?

[Fay Jones]

I absolutely agree with my hon. Friend. This is an area where Government and technology companies need to work hand in hand and at pace, in order to catch up. Until the specific offence of upskirting was properly legislated for, the best alternative offence of outraging public decency was used to prosecute offenders. Victims deserve better.

In 2018, the Women and Equalities Committee recommended that cyber-flashing must be addressed by Government. It said:

“The Government should introduce a new law on image-based sexual abuse which criminalises all non-consensual creation and distribution of intimate sexual images, including altered images, and threats to do so. This should be a sexual offence based on the victim’s lack of consent and not on perpetrator motivation, and include an automatic right to life-long anonymity for the complainant, as with other sexual offences.”

Four years on, if the Government want to make their Online Safety Bill a gold standard for internet safety—I commend their ambition—they must include legislation against cyber-flashing. I was concerned by the report published yesterday by the Digital, Culture, Media and Sport Committee, which said that, as currently drafted, it is not robust enough to tackle some forms of illegal and harmful content.

The Online Safety Bill is the vehicle to give victims the power to seek prosecution and hold perpetrators to account for their actions. That has been backed by the draft Bill Committee, and by the Law Commission’s recommendations. I was delighted at the end of last year when my right hon. Friend the Prime Minister, when questioned by my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes), agreed that cyber-flashing should be a criminal offence. That was later echoed by the Secretary of State for Digital, Culture, Media and Sport. We are on the right track, but I press the Minister to go as far as she can, and to say when we can see more detail of the Online Safety Bill.