Non-consensual possession of images considered intimate, possibly including photos of Muslim women without their hijabs, should be made a criminal offense and put on the same level as child sex abuse material.
This suggestion was made in a report by the House of Commons’ Women and Equalities Committee, which said that such photos should be considered “non-consensual intimate images (NCII).“
Members of the cross-party parliamentary committee, comprised of seven Labour MPs, one ex-Labour MP who now sits as an independent, two Liberal Democrats, and one Conservative MP, argued that strengthening the law around NCIIs was the best way to ensure Internet infrastructure providers took the issue seriously and block websites hosting such materials.
They also said that, under current legal definitions, such images include people being partially or fully nude, engaging in sexual activity, or using the bathroom. However, the report said that “abuse can also include material that is considered ‘culturally intimate’ for the victim, such as a Muslim woman being pictured without her hijab.“
"The Government should expand the legal definition to include such images," the report added.
“Non-consensual intimate image abuse is not always limited to sexually explicit content. For example, in some cultures, countries, or religions, sharing a photograph of someone without their religious clothing — or with their arm around another person — can be disastrous for the victim.“
Creating intimate images without consent, particularly “in circumstances in which an ordinary reasonable person would reasonably expect to be afforded privacy,“ is set to be made a criminal offense in the UK later this year, but possession of such images will remain legal.
The report concluded by suggesting that the British government “should bring forward amendments to the Crime and Policing Bill to make possession of non-consensual intimate images an offence.“
Sarah Owens, the chair of the Women and Equalities Committee, said that while it was “welcome“ that the government is planning to make creating NCII an offense, a “legal gap“ remains.
“Non-consensual intimate image abuse is a deeply personal crime which can have life-changing and life-threatening consequences,“ Owens said.
“NCII can circulate online years after the image was first posted. While many sites will eventually remove the content when prompted, around 10% do not,“ she added.
“This ensures NCII receives the same legal treatment as child sexual abuse material and — we hope — will provide the necessary encouragement to IIPs to block or disrupt access to such content, including that which is hosted overseas,“ she further added.
David Spencer of the think tank Policy Exchange, reacted to the proposal and said, “Tackling the problem of 'revenge porn' is clearly important - but expanding this to so-called 'culturally intimate' images risks extending the criminal law too far.“
“The police cannot be expected to wade into so-called 'cultural' issues when officers are already struggling to deal with the volume of stabbings, sexual assaults, and thefts that occur every day,“ he added. “The Government should be cautious about creating yet more criminal offences.“
