Research from women-first dating app, Bumble, has revealed that a consent-based approach to cyberflashing is more important than ever with almost half of 18-24 year olds in the UK having received a sexual photo they did not ask for, or consent to
As the Online Safety Bill heads into the final stages in May, there is increasing concern that the proposed cyberflashing legislation is not enough. Cyberflashing is the sending of unsolicited images or video recordings of genitals without consent.
Bumble, UN Women UK, TV personality Amy Hart and Grazia, are calling for the UK’s proposed cyberflashing legislation to be based on consent, not harmful intent.
The current proposed cyberflashing legislation is based on intent which is hard to prove and protects people who send unsolicited sexual pictures 'as a joke'.
Professor Clare McGlynn, an expert in Cyberflashing, said: “The proposed cyberflashing legislation is based on proving malicious intent, which is out of step with other proposed and existing sexual violence laws. 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’. Furthermore, current cyberflashing proposals are complex and confusing, risking women’s further loss of faith in the UK’s criminal justice system.”
More than one in three (35%) women have received an unsolicited sexual image whilst at work, over one in four (27%) have received one whilst travelling on public transport, and almost one in five (19%) have received images just whilst walking down the street.
Claire Barnett, Executive Director of UN Women UK said: “We must believe survivors, and that means a definition of sexual harassment that is about unwelcome behaviour rather than the intention of the perpetrator. Sometimes the argument is made that the concept of consent is confusing or difficult, but when it comes to consent there are no blurred lines. Consent must be enthusiastic, given freely, informed, specific and reversible. It is critical that we create a culture of consent from an early age if we are to eliminate sexual harassment in the same way that we have seen a huge behavioural change around wearing seatbelts or using single-use plastic bags. We need safe spaces - online and offline - now.”
Amy Hart, TV Personality and cyberflashing victim said: “Since being in the spotlight, I have been a victim of cyberflashing on multiple occasions. It is so pervasive that it even happened during my pregnancy. Receiving d*ck pics that I did not ask for left me feeling extremely vulnerable and powerless at a time when I should have been at my happiest. Sadly, research shows that I am not alone.
"That’s why a consent-based approach to any cyberflashing law is so important as it protects the victim. The proposed intent-based approach to cyberflashing which is addressed in the Online Safety Bill does not go far enough. Intent is too hard to prove and it gives room for men to send unsolicited pictures as a joke. For those of us that have to experience it, it’s not funny at all”.
From today, Bumble, UN Women UK, and Grazia are encouraging people across the UK to show their support for a consent-based approach to cyberflashing legislation by signing this pledge. The pledge aims to show the need for a consent-based approach, recognising the harm of cyberflashing. To introduce legislation that doesn't centre on consent is undermining the need for education and wider behavioural change.
Payton Iheme, Head of Global Public Policy at Bumble said: ’’Cyberflashing is a form of everyday harassment that causes victims to feel distressed, violated, and vulnerable on the internet.
"We're encouraged by the UK Government's decision to introduce legislation, however, the law needs to be based on consent to send a clear message that sending explicit nude images is not a joke.
"Bumble's research shows that the majority of people in the UK agree that more needs to be done to address cyberflashing and alongside experts and key organisations, we're calling for the Government to move forward with a consent-based approach.”
Hattie Brett, Grazia Editor said: "After years of campaigning, the bravery of women who helped make cyberflashing a crime finally paid off: perpetrators will now face two years in prison. But it’s essential that the legislation is not watered down at the last hurdle - an approach that embeds consent is the only way to ensure women are no longer subject to this disturbing behaviour."
