A new law against cyber flashing came into effect in January (Picture: Getty)
Ever been sat on a train and received an AirDrop notification that you regret opening? How about an unwanted photo sent in a dating app exchange?
If you have, you’re not alone. That’s called cyber flashing, and for many women, it is an unsettling and all-too-common experience.
The crime often takes place on public transport: in 2020, data revealed that reports of cyber flashing to the British Transport Police had almost doubled in 12 months.
For years, campaigners have called for more action to tackle online harassment.
And now, a new law has led to the first conviction for the crime after a man sent unsolicited nudes to a woman and a teen girl on WhatsApp.
But is that enough to stop cyber flashing?
What is cyber flashing?
The term refers to a form of sexual harassment where someone sends unsolicited sexual or nude images on social media, or through tools such as Bluetooth or AirDrop.
Cases of cyber flashing, when explicit sexual images are sent to someone online without their consent, have risen in recent years.
48% of women aged 18-24 say they have received a sexual photo without consent.
The issue is even more prevalent for teenagers – according to one study, 76% of girls aged 12-18 have been sent unwanted nudes of boys and men.
Presenter and campaigner Jess Davies, 30, said she had received hundreds of unsolicited explicit images and videos of men since she started being active on social media at 18.
‘When I’ve spoken out about it, I’ve had comments like “it’s just banter” and “you only care because these guys aren’t good looking”,’ she told Metro.co.uk in 2022.
Jess Davies thinks that cyber flashing should be taken as seriously as public flashing (Picture: Jessica Davies)
‘I know first-hand the effect that it can have on victims, how it can make you take on shame, and how a lot of society still likes to victim blame,’ she added.
‘If you had thousands of men flashing in the street every day, we would take more action – and I don’t see why it’s any different.’
One of the simplest ways to protect yourself from cyber flashing from a stranger is to change the AirDrop or Bluetooth settings on your phone.
If you receive an unwanted sexual image while travelling on public transport, British Transport Police advice is to screenshot the photo and then contact them on 101, or via text on 61016.
Is cyber flashing illegal?
The Online Safety Act, which came into effect in January, made cyber flashing a crime in England and Wales.
The Act also introduced new rules against sharing ‘deepfake’ nudes – images that have been manipulated or created with artificial intelligence – and ‘down-blousing’ – taking a photo down a woman’s top without her consent.
Social media has led to a rise in cyber flashing (Picture: Getty Images)
People can be convicted if their unwanted images cause the victim alarm, distress or humiliation.
Those found guilty could be put on the sex offenders register, fined or jailed for up to two years.
Journalist Sophie Gallagher told Metro.co.uk the conviction was significant because for a long time there’s been a disparity between the way we treat flashing in person and online.
‘This new conviction, and the creation of a new law, shows that, as a society, we are accepting that people can be harmed in the digital world, it has consequences, which is important as our lives move more and more online,’ she said.
Cyber flashing became a crime this year (Picture: Getty Images/iStockphoto)
However, Gallagher warned that, as with all laws, the new rules would only be successful if law enforcers are trained to understand the law and how to implement it.
‘When we look at the woefully low conviction rates of other sexual crimes, like rape, it doesn’t inspire too much hope that this new cyber flashing law will bring a radical change.
‘However the creation of a new law does hopefully say at a societal level ‘this is not acceptable behaviour’ and forces a conversation about how well we are educating young men and boys on these new methods of sexual violence,’ she said.
Cyber flashing has been illegal in Scotland since 2010.
However, several campaigners have said that the law in Scotland does not go far enough because it has a low conviction rate. One in 20 cyber flashing reports in Scotland lead to a conviction.
Is cyber flashing illegal in other parts of the world?
Singapore was one of the first countries in the world to take action on cyber flashing when it made it illegal in May 2019, along with upskirting and revenge porn.
Some countries, like Scotland, do not have specific laws against cyber flashing, but their broader laws against sexual harassment and violence offer protection.
The European Union has said it will introduce new rules against online violence against women, including cyber flashing.
There are no federal laws against cyber flashing in the US, but some states have taken action against it.
Texas and California have laws against cyber flashing, while Virginia and New York are working on legislation to make cyber flashing punishable.
In New Hampshire, cyber flashing is a misdemeanour.
When was the first conviction for cyber flashing?
A man who sent unsolicited nudes on WhatsApp became the first person in England and Wales to be convicted of cyber flashing in February 2024.
Nicholas Hawke, from Basildon in Essex, sent photos of his erect penis to a 15-year-old girl and a woman on 9 February without their consent.
The woman took screenshots of the image and reported it to the police.
Hawke was sentenced at Basildon Crown Court in Essex (Picture: PA Archive/PA Images)
Hawke was arrested and charged with two counts of sending a photograph or film of genitals to cause alarm or distress. He was also charged with breach of a Sexual Harm Prevention Order.
He pleaded guilty to the charges and was convicted in February.
The 39-year-old is a registered sex offender after he was convicted of sexual activity with a child under 16 and exposure at Basildon Crown Court last year and given a community order.
He will remain on the list until November 2033.
What’s the difference between indecent exposure, flashing and cyber flashing?
Indecent exposure is when someone shows their genitals to frighten or upset someone else.
Often, the person will expose themselves quickly before covering up or running away.
Indecent exposure is sometimes referred to as ‘exposure’ or ‘flashing’.
Cyber flashing is a form of indecent exposure that happens online rather than in person, but before the new law change it wasn’t always treated as a criminal offence.
Now, cyber flashing is clearly defined in the law as illegal.
Sefer Mani, Crown Prosecutor from CPS East of England, said: ‘Cyber-flashing is a grotesque crime and 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.
‘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.’