Tackling Cyberflashing: a priority offence

In January 2024, cyberflashing became a criminal offence under the Online Safety Act 2023 (‘OSA’).  The Government has now announced that it will make cyberflashing  a ‘priority offence’. This classification means that tech companies and social media platforms who fall to the OSA must recognise cyberflashing as a serious online harm, the effect of which is to demand swift and proactive prevention, rather than relying on a reactive approach of users reporting offensive and illegal content. This proposed change marks a fundamental development in digital safety and provides recognised legal protections for users of social media. 

The Technology Secretary, Liz Kendall, announced in September 2025 that making ‘cyberflashing’ a priority offence forms part of the government’s Plan for Change commitment to what has been described as a national emergency of violence against women and girls.

What is cyberflashing?

Cyberflashing occurs when an individual sends an unsolicited image or video of their genitals without consent, often via social media, dating apps, or Bluetooth features such as Airdrop, with an intent to cause alarm, distress or for sexual gratification.

Reclassifying the offence as a priority offence recognises the government’s commitment to recognise such conduct as a form of sexual harassment and digital violence. 

The OSA - a serious offence with serious consequences

Under section 187 of the OSA 2023, which inserts section 66A into the Sexual Offences Act 2003, sending a sexual image ‘with intent to cause alarm, distress or for sexual gratification’ is now a criminal offence. Perpetrators can face up to two years in prison, reinforcing the message that cyberflashing is a serious offence.

Why is this significant?

The decision to categorise cyberflashing as a priority offence under the OSA places a legal duty of care on tech platforms to prevent users from being exposed to unsolicited sexual images, not just to respond by removing or blocking the content after the harm has occurred. Companies, including social media platforms or dating apps, will be legally required to take proactive steps to develop systems to detect and remove harmful content. This will likely be through automated detection tools that will pre-empt illegal content and either hide or delete the image, stricter content moderation, clear and enforced policies that prohibit the platform being used as a way to facilitate a priority offence, or improved user reporting systems. 

The OSA is redefining our use of online platforms and our expectations of those platform providers, who are required to build into the fabric and design of the platform safety tools.

A failure to meet these obligations could result in fines of up to 10% of qualifying global annual revenue- potentially millions of pounds for major platforms- or even having the services blocked in the UK.

A recent YouGov poll found that 1 in 3 teenage girls aged 12-18 years old in the UK have received unsolicited sexual images at least once. This statistic alone highlights the need for a  legal framework that protects women and girls in digital spaces.  The poll also found that around 1 in 20 boys of the same age bracket had been the victim of cyberflashing, highlighting again the importance of digital safety for children.

For many years victims of cyberflashing had little recourse, with there not being a specific law to address the issue.  The OSA seeks to bring the law up to date with technology.  A victim should no longer expect to be told  to block or ignore offenders, with this offence now closing the loopholes which existed before. The OSA not only criminalises the act but when designated as a priority offence, it demands action from tech platforms.

What more can be done?

Whilst legal reform is an important and vital step, as it enables victims of cyberflashing to have a route to seek redress and recognises that such behaviour is unacceptable and unlawful, campaigners stress that it must go together with education.    Through starting conversations about online safety, behaviours change including what behaviours of others we might be prepared to “call out” and no longer accept as a “norm”, and our willingness to speak up about unwanted online contact, knowing that it is illegal.

By the proposal to designate cyberflashing as a priority offence, the government has elevated digital sexual abuse to the level of the most serious online harms - alongside child exploitation, terrorism offences and self-harm/suicide content. It is a strong acknowledgement that online spaces must be held to the same standards of safety and respect as we expect of one another in the offline world or “IRL”.

This blog was co-authored by Sophie Connery and Rebecca Young.