Explained | What is ‘cyber flashing’? UK man becomes first to be convicted of the crime in England and Wales

A 39-year-old man has become the first person in England and Wales to be convicted of cyber flashing. The man, a resident of Essex, has been convicted under the Online Safety Act for sending unsolicited images of his exposed male genitalia to a teenage girl and a woman.

The conviction

Nicholas Hawkes was arrested after screenshots of his unsolicited images were shared with the police. The woman, as per media reports, had taken screenshots of the WhatsApp image and shared them with the Essex Police.

The Crown Prosecution Service (CPS) revealed that the images were sent on February 9th and a complaint was registered the same day.

Hawkes had also sent pictures of his genitalia to a 15-year-old girl.

On Monday, at the Southend magistrate's court, he admitted to two counts of sending a photograph or film of genitals to cause alarm, distress, or humiliation.

He was convicted at the hearing and has been remanded in custody. He is due to be sentenced at Basildon Crown Court on March 11.

As per reports, Hawkes was already a registered sex offender, and will remain so until November 2033. Last year, he was convicted of sexual activity with a child under 16 and exposure at Basildon Crown Court.

What is cyber flashing?

Talking to the press, Sefer Mani of CPS East of England called cyber flashing a "grotesque crime".He said that the "fact we were able to deliver swift justice for the two victims shows the new law is working."

"Everyone should feel safe wherever they are and not be subjected to receiving unwanted sexual images," added Mani.

The CPS officer also urged victims of cyber flashing to come forward and report it to the police.

"I urge anyone who feels they have been a victim of cyber flashing to report it to the police and know that they will be taken seriously and have their identities protected," he said.

Cyber flashing, as per The Standard, is a form of digital harassment or sexual misconduct that involves sharing unsolicited images or videos of genitalia or other intimate body parts. This is done via electronic means and can be done over text, emails, messaging apps, social media or even using the airdrop feature on smartphones.

A main aspect of such messages is the lack of the recipient's consent. It can be distressing and traumatic for those at the receiving end, and the sexually explicit images can cause emotional harm. It constitutes a violation of privacy.

UK's Online Safety Act

In January 2024, the United Kingdom made into law the Online Safety Act, under which a variety of online crimes are included, among them being cyber flashing.

In England and Wales, cyber flashing became a crime starting on January 31st. As per SkyNews, it has been a crime in Scotland since 2010.

As per the Government of UK website, those found guilty of sharing an intimate image can be imprisoned for up to 6 months, or 2 years "if it is proven the perpetrator also intended to cause distress, alarm or humiliation, or shared the image to obtain sexual gratification."

Furthermore, cyber flashing "on dating apps, AirDrop and other platforms will also result in perpetrators facing up to two years behind bars where it is done to gain sexual gratification or to cause alarm, distress, or humiliation."

Under the law, victims of cyber flashing and image-based abuse automatically receive lifelong anonymity from the point they report the offence.

Cyber-flashing laws around the world

- In May 2017, in New South Wales, Australia, The Crimes Amendment (Intimate Images) Bill 2017 was implemented. Under the law, it is a crime to "intentionally record or distribute, or threaten to record or distribute, an intimate image of a person without their consent".

This legislation also covers cyber flashing by its prohibition on the non-consensual sharing ofintimate images.

- In Singapore, sending unsolicited intimate images, or "cyber flashing," has been a punishable crime since May 2019. Anyone found guilty of the offence could receive a custodial sentence of up to two years. Additionally, the law also makes upskirt photos punishable by up to two years in prison – five years if the images are shared online.

Upskirting is the act of sneakily capturing a photograph or video underneath a person's clothing without their consent. This is typically done to capture images of a person's genitals, buttocks, or underwear.

Since 2019, it is a criminal offence in England and Wales.

- In India, while cyber flashing is not explicitly mentioned, The Information Technology Act of 2000 makes it an offence to publish or transmit pornographic content in electronic form. This provision applies to the cyber flashing of genitalia and other similarly offensive or unpleasant content.

(With inputs from agencies)