Image-based abuse covers a range of harmful actions involving nude or sexual images. This includes (but is not limited to) ‘revenge porn’, or the non-consensual creation, taking or sharing of intimate images and digitally altered images, also known as ‘deepfakes’; coercing, blackmailing or threatening to share these images; requesting the creation of these images; cyber-flashing; and upskirting.
Broadly speaking, image-based abuse is overwhelmingly committed against women and girls; however, young men and boys are more likely to be victims of so-called ‘sextortion’ scams, where they are manipulated into sending nude and/or sexualised images of themselves online and are subsequently blackmailed.
Earlier this year, Glamour, in partnership with the End Violence Against Women Coalition (EVAW), Not Your Porn, Clare McGlynn, Professor of Law at Durham University, and Jodie Campaigns, a women's rights activist and survivor of deepfake abuse, successfully campaigned for the creation of non-consensual deepfake images to be made a criminal offence. Now, we're calling for the government to introduce a dedicated, comprehensive Image-Based Abuse law, which covers all forms of image-based abuse. You can sign our petition here.
Next up? A comprehensive Image-Based Abuse Law.
In January 2024, the long-awaited Online Safety Act included updated legislation surrounding image-based abuse, making it easier to charge and convict people for sharing or threatening to share intimate images without another's consent. And earlier this year, Ofcom, the UK's communications regulator, released new guidance for tech firms to address image-based abuse, as well as other forms of digital violence against women and girls.
We spoke to Sophie Mortimer, Helpline Manager at Revenge Porn Helpline, and Sophie Campbell-Adams, solicitor and legal expert at Britton and Time Solicitors, to find out everything you need to know about the different forms of image-based abuse – and what to do if you experience it.
The different forms of image-based abuse:
‘Revenge porn’: sharing or threatening to share intimate images without consent
What is it? The threat by an ex-partner or someone close to you of sharing intimate pictures without your consent – behaviour can be part of an abusive relationship pattern. This is sometimes known as ‘revenge porn’, but many campaigners avoid this term as it implies the victim has done something to provoke the perpetrator.
What's the law? Image-based sexual abuse – which in this case refers to sharing a private sexual image of someone without their consent – is classed as a sexual offence in England and Wales under the Criminal Justice and Courts Act 2015.
Under the Online Safety Act, those found guilty of sharing intimate images online without consent face a maximum of six months in prison. If the prosecution can prove they also intended to cause the victim distress, alarm or humiliation, or to obtain sexual gratification, they face up to two years of jail time.
Perpetrators who are found guilty of sharing the image for sexual gratification could also be placed on the sex offender register.
What can I do if this happens to me?
“This is a criminal offence, and the majority of online platforms have robust policies that disallow this content and should have reporting routes for users to follow,” Sophie Mortimer, manager of the Revenge Porn Helpline, says.
“Alternatively, the Revenge Porn Helpline is always available to support adults in the UK with the removal of this sort of content. We know that it can be deeply distressing for people to try to do this for themselves.”
You have legal options too: “The victim can seek prosecution through the police or private prosecution,” Sophie Campbell-Adams, solicitor and legal expert at Britton and Time Solicitors advises.
“The latter is when the victim will issue their own claim against the abuser and seek the criminal sentence that would have been given if the Crown Prosecution Service prosecuted.
“As a last resort, once the criminal aspect has been thoroughly exhausted, the victim can obtain an injunction (ordering the abuser to remove the images and/or prohibit the abuser from committing the abusive acts) and seek compensation through the civil courts. Anyone breaching an injunction can face prison time, potentially leading to multiple sentences for abusers.”
Campaigner and influencer Cally Jane Beech is being honoured as GLAMOUR’S Activist of the Year at our annual Women of the Year Awards for courageously taking a stand against digitally altered, sexually explicit ‘deepfakes’ of women and girls. Here, she speaks to GLAMOUR about her experience of deepfake abuse, how motherhood influences her activism, and why she’s calling on the government to protect all survivors of image-based abuse.
Soliciting, creating, sharing, or threatening to share sexually explicit digital forgeries, often known as ‘deepfake’ pornography
What is it? Deepfaking is when artificial intelligence is used to superimpose an image of someone's face onto another person's body, usually to create a pornographic image. Deepfake pornography constitutes 98% of all deepfake videos found online. 99% of those targeted by deepfake pornography are women.
Nudification is when a person uses software to ‘digitally undress’ another person's image without their consent.
When a person requests one of their friends or acquaintances to be deepfaked or nudified by someone else, this is generally known as solicitation.
What is the law: It is illegal to create, solicit, or share non-consensual deepfake pornography.
Previously, it was only an offence to share non-consensual deepfake imagery. Following a campaign by Glamour, in partnership with the End Violence Against Women Coalition (EVAW), Not Your Porn, Clare McGlynn, Professor of Law at Durham University, and Jodie Campaigns, it's now also illegal to create such images without consent.
What can I do if this happens to me?
This is a criminal offence, which means you can seek prosecution through the police or – if you believe that the police failed to properly investigate your complaint – a private prosecution. In the meantime, if it's not too upsetting, take screenshots of the abuse and follow the hosting website's procedures to take down the content. The Revenge Porn Helpline can assist you with this.
If you can prove harassment, there are legal options as well, according to Campbell-Adams.
“The abuse can be reported to the police and could amount to harassment if the conduct is repetitive,” she says. "There are also civil remedies available to victims of harassment, which include obtaining an injunction and seeking compensation.
“If the images remain on a social media page/website or they refuse to remove them, the website provider could be guilty of a criminal offence.”
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Sextortion or ‘webcam blackmail’
What is it? According to the Revenge Porn Helpline, sextortion is “when intimate images and videos are recorded and used for financial exploitation and coercion.”
Experts say that you are a victim of sextortion if you've been coerced into creating and sharing images or performing sexual acts, and then threatened by a perpetrator with exposure unless you continue to do it.
What is the law? Sextortion is a form of blackmail, which is punishable by a maximum prison sentence of 14 years under the Theft Act 1968.
What can I do if this happens to me? “Sextortion has sadly become a very common type of incident reported to us," Mortimer says.
“The advice is consistent: stop, block and report. Stop communicating; block the account; report the profile to the platform.”
“Do not pay any money or meet demands they may request,” read the Revenge Porn Helpline's advice page. "They want to engage with you so they can threaten you and exert pressure. The amount they ask for is designed to be just enough to encourage you to pay. It will not be enough and they will come back and demand more.
“If you have already paid money to the blackmailers, do not send any more. You could try to contact your bank or the platform used to send the money for more advice.”
As with other forms of image-based abuse, you can contact the police or private prosecution. There are more details on reporting sextortion to the police here.
Upskirting
What is it? Defined as “the surreptitious and nonconsensual taking of images or videos up a woman’s skirt”, upskirting was made illegal in England in 2019 after activist Gina Martin campaigned tirelessly for it after being upskirted at a festival. 153 reports of this type of abuse were made in 2020, though, meaning it continues to be a distressing problem for women.
What can I do if this happens to me?
“Upskirting is now a criminal offence; however, the reality of the behaviour is that it is covert, so victims are rarely aware that they have been violated in this way,” Mortimer explains. "And so they are not likely ever to know that the content has been created and shared.
"However, if someone was aware of this content being shared about them, they can report to the relevant platforms (many have policies around voyeuristic content) or come to the Revenge Porn Helpline, and we will do whatever we can to support.
Similar to a case of revenge pornography, a victim can seek prosecution through the police or private prosecution.
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Spycam surveillance
What is it? Spyware, such as cameras and microphones, is secretly installed in the victim's private spaces without their knowledge. The resulting ‘footage’ can be used as a means of manipulation and coercion within an abusive relationship. The charity Refuge has seen a notable rise in reports of surveillance, with more survivors reporting concerns about hidden microphones and cameras in their homes.
What can I do if this happens to me? The law is still evolving in this area. Voyeurism – operating equipment to view a person's private parts for sexual gratification or to cause humiliation, alarm or distress, is a criminal offence, which is punisable by up to two years in prison.
Recording of sexual assault
What is it? Some perpetrators have been known to record victims as they are raped and/or sexually assaulted and have in the past shared this on social media, which has led to the harassment and further humiliation of the victim.
“Sadly, this is something that we have seen,” Mortimer says. "Quite clearly it is a criminal offence, piled on top of another serious criminal offence and should be reported to the police.
“We will always do what we can to report and remove this content where it appears online; however, if there is a criminal case happening, we would need to be sure that relevant evidence has been collected to support that investigation before reporting.”
What can I do if this happens to me?
Similar to a case of revenge pornography or upskirting, a victim can seek prosecution through the police or private prosecution.
What needs to change for image-based sexual abuse to be better prosecuted and prevented?
“There is a lack of reporting to the police which in turn leads to a lack of prosecution leaving the abuser free to continue abusing their victim or to abuse new victims,” Campbell-Adams says.
“There seems to be a stigma around reporting this kind of crime and the victim is often left feeling embarrassed or that it is their fault this has happened. This is sadly the case for all sexually based crimes. Furthermore, these crimes are largely unreported in the media due to the victim not being named unless the victim is a public figure and has asked for their name to be revealed.”
She adds that the issue doesn't end with prosecution – it can be difficult to remove offensive images and videos from sites once they've been shared.
“The removal of the images is the responsibility of the website or social media provider,” Campbell-Adams explains. “Being found guilty of an offence does not force the removal from the website it has been posted to.
"Most reputable operators are likely to be compliant in its removal, however some victims may find it difficult to force certain website providers to remove the offending post or upload. Even if the content is removed, others may have downloaded any photos or videos and shared them on other sites without the victim’s knowledge, leading to further distribution.
“As such, getting a guilty conviction is only half the battle.”
GLAMOUR is campaigning for the government to introduce an Image-Based Abuse Law in partnership with Jodie Campaigns, the End Violence Against Women Coalition, Not Your Porn, and Professor Clare McGlynn.
Revenge Porn Helpline provides advice, guidance and support to victims of intimate image-based abuse over the age of 18 who live in the UK. You can call them on 0345 6000 459.
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