Back in March 2022, it was announced that cyberflashing was finally set to become a crime in England and Wales under new laws. The move – which is set to criminalise the act of using peer-to-peer wifi networks, such as AirDrop, to send unsolicited pictures of someone’s genitals – saw cyberflashing added to the Online Safety Bill, alongside other wide-ranging reforms designed at keeping people safe on the internet.

According to The Times, this means that cyberflashing could carry a similar punishment to crimes such as upskirting – meaning perpetrators could be put on the sex offenders register and face up to two years in prison. 

The bill is currently making its way through parliament and remains at the committee stage in the House of Lords, which involves a line-by-line examination of the clauses. 

However, in light of new research, ministers are being urged to toughen the parameters around the offence.

According to dating app Bumble, more than one in three (35%) women have received an unsolicited nude image while at work, and over one in four (27%) have received one while travelling on public transport. Almost one in five (19%) have received images just while walking down the street.

Campaigners have made it clear that they believe these new laws will not do enough to curb digital sexual violence towards women and that there is still an ongoing conversation to be had around how laws can better protect victims of cyberflashing.

Prosecutors currently struggle to convict people for the act of cyberflashing because the existing legislation in place in England and Wales is hard to apply to the online world. This is very different to the situation in Scotland, where the act of cyberflashing was outlawed in 2009.

 “The proposed cyberflashing legislation is based on proving malicious intent, which is out of step with other proposed and existing sexual violence laws,” explains Professor Clare McGlynn, an expert in cyberflashing.

“This approach will leave a loophole in the law, ultimately making prosecutions against cyberflashing unlikely whilst protecting men and allowing them to claim a defence of ‘it was a joke’ or ‘I was having a laugh’.”

A study published by academics at University College London and the University of Kent at the end of 2021 found that three in four young women have been sent sexual images on social media. The pandemic has also exacerbated the problem, with the UK’s Revenge Porn Helpline reporting that calls about explicit imagery being shared without consent rose by 87% between April and August 2020 compared to the previous year.

And while the practice of adult men sending unwanted sexual images to girls under 18 is categorised as a sexual offence, the experience is one shared by women of all ages; research by YouGov published in 2018 found that 40% of women aged 18-34 had received an unsolicited sexual photo from someone who was not their romantic partner.

Speaking about the bill at the time, Victoria Atkins, then the justice minister, said: “It is unacceptable that women and girls travelling on public transport, or just going about their day-to-day lives, are being subjected to this despicable practice.”

Atkins continued: “Cyberflashing can cause deep distress to victims and our changes ensure police and prosecutors have the clarity they need to tackle it and keep people safe.”

If you experience cyberflashing on public transport, report your case to Transport for London or British Transport Police. You can also report cyberstalking through GOV.UK. And anyone affected by online abuse can contact Women’s Aid. 

Image: Getty