Cyber-flashing

Siobhan Baillie Excerpts

Tuesday 25th January 2022 Westminster Hall

[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.

[Siobhan Baillie (Stroud) (Con)]

I thank my hon. Friend for all that she is doing. As we know that most cyber-flashing is sent from anonymous accounts, making it scarier, particularly when the perpetrator might be in the same vicinity as the victim, does my hon. Friend agree that tackling anonymity online and anonymous abuse is a key part of dealing with cyber-flashing, as is being able to track perpetrators?

[Fay Jones]

We are in danger of all agreeing with each other, which is a very good thing. I pay particular credit to my hon. Friend, who has done so much work on anonymity through her ten-minute rule Bill. That is crucial. Social media companies also have a huge role to play in this.

Going back to the point on consent, which I touched on earlier, I put on the record my thanks to Professor Clare McGlynn, who has been a leading figure in the campaign to legislate for a consent-based offence. It is critical that any new law is comprehensive, covering all forms of cyber-flashing, and therefore giving all victims the reassurance they need.