The unwelcome rise of cyber-flashing

It was just another train journey, a paper in tow, salty snacks, a caffeine-laden drink – the usual kit. But as I settled in and started to scroll aimlessly through my phone, suddenly, out-of-the-blue, a photograph of someone’s genitalia flashed up on my screen unannounced. My eyes must’ve burst blood vessels as I gawped and looked around to find the perpetrator in what felt like an X-rated whodunnit. 

After moving carriage and coming to terms with what had happened, I couldn’t help but feel simultaneously violated and vulnerable. And yet, it transpires that this unsettling train journey is commonplace and that “cyber-flashing” happens across the country, particularly on trains, buses, and stations.

“Cyber-flashing” is when a person sends an unsolicited sexual image to another device nearby without consent. By and large, this tends to occur over peer-to-peer networks, like Bluetooth or AirDrop (which please, after reading this piece, make sure you switch to contact-only), and women are disproportionately the recipients. 

A recent study commissioned by Girlguiding, a charity that exposes endemic internet sexual abuse, has discovered that more than a fifth of girls and young women in the UK have been cyber-flashed in the past year, with a similar number facing sexual harassment. 

Similarly, research from YouGov shows that four in ten millennial women have been sent an unsolicited photo of a man’s genitals without consent. According to the dating app Bumble, which carried out its own study with Research Without Barriers, this figure is higher, with 48% of those aged 18 to 24 receiving an explicit or nude image they didn’t ask for last year alone.

“Girls and young women should be able to use the internet freely, safely and without fear,” said Angela Salt, the chief executive of Girlguiding. “Sadly, our research highlights that there is still a long way to go before this is reality, which is why we are calling on the government to ensure violence against girls and women online and its devastating impact is recognised and included within the online safety bill.”

Ministers are currently facing escalated pressure to toughen up the online safety bill legislation going through parliament. MPs sitting on the digital, culture, media and sport committee have scrutinised the draft bill for failing to be “clear and robust enough to tackle the various types of illegal and harmful content on user-to-user and search services.” 

Other MPs have called for the bill to tackle content that is technically legal, including the tech-enabled “nudifying” of women and “deepfake pornography”, either through primary legislation or as types of harmful content covered by the duties of care of service providers.

Fay Jones, the Tory MP for Brecon and Radnorshire, backed Grazia’s campaign to make cyber-flashing a criminal offence during a parliamentary debate held in Westminster at the tail end of last month. “There is evidence that cyber-flashing in this way is a gateway offence to more serious acts of violence,” she said. “The man who killed Sarah Everard was accused of flashing before he went on to commit his horrific crime.” 

She added: “It is time we make cyber-flashing a criminal offence on a par with its physical counterpart, to ensure the law catches up with technology.”

Jones’ pleas did not fall on deaf ears, and it has been reported this week that ministers are making the act of cyber-flashing a criminal offence under the Sexual Offences Act 2003 over fears they will struggle to get the online harms bill passed this year. Once made illegal, cyber-flashing will carry a punishment in line with similar crimes like upskirting, meaning perpetrators could face up to two years in jail time and also could be included in the sex offenders’ register in England and Wales.  

“Consent is essential to all forms of communication including digital messages and it’s overdue that the law caught up with technology,” says Michelle Elman, a leading expert on social and sexual boundaries. “Women, in particular, have been subject to receiving these pictures not only earlier in the dating process that they are comfortable with, but also online from strangers across social media. This law means sexual boundaries are easier to enforce as you are unable to set boundaries sexually if it is unsolicited.”

Victoria Atkins, the justice minister, told MPs that the government “absolutely supports” cyber-flashing being made a criminal offence. Echoing Fay Jones, she said: “We are actively and carefully considering the Law Commission’s recommendation regarding cyber-flashing, and we are very much looking forward to identifying a legislative vehicle as we aim to introduce a new specific offence to criminalise cyber-flashing.” She added, “we very much understand the need for speed, and indeed, the wish of women and girls around the country for the issue to be dealt with quickly and effectively.”

Making cyber-flashing a criminal offence will ensure that victims have a direct route to justice. Whether you are a victim of deepfake pornography, cyber-flashing or sharing intimate images, deeming these acts a punishable crime will give you a chance to seek prosecution and hold perpetrators to account for their actions. 

In recent years, dealing with crimes against young girls and women has often felt like fighting a losing battle. Still, in making these acts like cyber-flashing illegal, there is the opportunity to punish behaviour that could otherwise prove to be a perilous gateway into more serious acts of violence.