Recommendations & Conclusions
28 items
2
Recommendation
4th Report – Tackling non-consensual in…
Rejected
The list of offences that are within scope of the Criminal Injuries Compensation Scheme is out of date. Crimes perpetrated online, such as non-consensual intimate image abuse, can be just as damaging to a person as those involving physical violence. They can have a catastrophic impact on a person’s mental …
Government response. The government rejects the recommendation to expand the Criminal Injuries Compensation Scheme to include online offences like NCII, stating it would fundamentally alter the scheme's purpose and that its current scope is broad enough for some online exploitation cases involving …
Government Equalities Office
3
Recommendation
4th Report – Tackling non-consensual in…
Rejected
The Ministry of Justice must amend the eligibility criteria of the Criminal Injuries Compensation Scheme to bring claims from victims of sexual offences perpetrated online, specifically non-consensual intimate image abuse, within its scope. (Recommendation, Paragraph 26)
Government response. The government rejects amending the Criminal Injuries Compensation Scheme eligibility criteria to include online sexual offences and non-consensual intimate image abuse. They state this would fundamentally alter the scheme's purpose, which is for crimes of violence, and believe the current …
Government Equalities Office
4
Conclusion
4th Report – Tackling non-consensual in…
Acknowledged
We welcome the inclusion in the Crime and Policing Bill of the new offences of taking an intimate image without consent and of installing equipment for the purposes of enabling the commission of those offences. We also welcome the Government’s recognition that the definition of what constitutes an image for …
Government response. The Government will explore the feasibility of producing specific guidance for internet infrastructure providers and web browser manufacturers, and continues to identify areas where it can build on existing legislation and initiatives relating to online safety.
Government Equalities Office
5
Recommendation
4th Report – Tackling non-consensual in…
Accepted
Ofcom’s current enforcement powers, while welcome, are far too slow and not designed to help individual victims get abusive images of themselves on non-compliant websites taken down or have access to them restricted. The duties under the regulatory regime created by the Online Safety Act are a good start. However, …
Government response. The government offers partial acceptance, stating the Online Safety Act 2023 provides new duties and strong enforcement powers for Ofcom to tackle NCII abuse on online platforms and search services, which it believes will make a real difference.
Government Equalities Office
6
Recommendation
4th Report – Tackling non-consensual in…
Rejected
For internet infrastructure providers to take the threat of NCII seriously and block access to websites that refuse to take it down, we believe that there is justification in bringing NCII in line with CSAM in law. (Conclusion, Paragraph 56)
Government response. The government rejects the recommendation to align NCII with CSAM in law, stating it does not believe criminalising possession would be effective due to practical difficulties and existing powers for image removal.
Government Equalities Office
7
Recommendation
4th Report – Tackling non-consensual in…
Rejected
The Government should bring forward an amendment to the Crime and Policing Bill to make possession of NCII an offence, in addition to its creation. This will put NCII on the same footing as CSAM in how it is treated online and—we hope—will provide the necessary encouragement to IIPs to …
Government response. The government rejects the recommendation to amend the Crime and Policing Bill to make NCII possession an offence, stating that many functions are already covered by the Online Safety Act or existing civil routes, but will consider it further in …
Government Equalities Office
8
Recommendation
4th Report – Tackling non-consensual in…
Accepted in Part
The Government should create guidance for internet infrastructure providers and web browser manufacturers on tackling online non-consensual intimate image abuse, similar to that which already exists for online child sexual exploitation and abuse. This guidance should direct both groups to make use of a designated expert body’s registry of NCII …
Government response. The government partially accepts the recommendation, stating it will explore the feasibility of producing specific guidance for internet infrastructure providers and web browser manufacturers, and notes existing measures under the Online Safety Act and Data (Use and Access) Bill to …
Government Equalities Office
9
Recommendation
4th Report – Tackling non-consensual in…
Deferred
In its illegal content Codes of Practice, Ofcom should direct user-to-user and search engine services to make use of a registry of NCII content, compiled by an expert body, on a similar basis to the provisions that exist for child sexual abuse material. (Recommendation, Paragraph 59)
Government response. The government rejects the recommendation on Ofcom's behalf, stating it cannot direct an independent regulator. However, it notes that Ofcom, under the Online Safety Act, will launch a new consultation on further measures for illegal content duties, including automated content …
Government Equalities Office
10
Recommendation
4th Report – Tackling non-consensual in…
Rejected
The law on solicitation was unclear, incomplete and open to misinterpretation by law enforcement agencies and others. We welcome the Government’s proposals to introduce a specific offence of solicitation for synthetic content via an amendment to the Data (Use and Access) Bill. We urge the Government to expand this clause …
Government response. The government rejects expanding the solicitation offence to all image-based abuse, stating that the Serious Crime Act 2007 already covers encouraging or assisting offences in England or Wales. The new Data Bill offence specifically targets requests for synthetic content to …
Government Equalities Office
11
Recommendation
4th Report – Tackling non-consensual in…
Rejected
The Government should take a holistic approach to legislating against NCII abuse by introducing a swift, inexpensive statutory civil process, as has been established in other jurisdictions such as British Columbia in Canada. Doing so would recognise survivors’ wishes to access redress beyond the criminal law, as well as empower …
Government response. The government rejects the recommendation for a new statutory civil process due to a lack of evidence on the effectiveness of the British Columbia model and because many functions are already covered by the Online Safety Act or existing civil …
Government Equalities Office
12
Conclusion
4th Report – Tackling non-consensual in…
Rejected
There is a gap in the UK’s online regulatory framework for a statutory body to support and champion the rights of individuals affected by non- consensual intimate image abuse, and to work alongside the courts in the civil regime. Such a body is required to help ensure victims are able …
Government response. The government rejects the need for a new statutory body, stating that the Online Safety Act already contains strong provisions for user redress through mandated reporting and complaints systems for online services. They add that Ofcom has the scope to …
Government Equalities Office
13
Recommendation
4th Report – Tackling non-consensual in…
Rejected
The Government should set up an Online Safety Commission, similar to the eSafety Commission in Australia, with a focus on support for individuals. The new Commission would act as a trusted flagger of NCII content on behalf of individuals that report it to them. The Commission would be able to …
Government response. The government rejects the recommendation to establish an Online Safety Commission, arguing that the existing Online Safety Act provides strong user redress mechanisms. It states Ofcom's codes of practice already require service providers to enable reporting and complaints for illegal …
Government Equalities Office
14
Recommendation
4th Report – Tackling non-consensual in…
Rejected
The UK already has an excellent organisation doing some of this work in the form of the Revenge Porn Helpline. The Government should discuss the proposals set out above with the RPH to determine what relationship the RPH could have with the proposed Commission, or—preferably, given the 54 expertise at …
Government response. The government rejects the recommendation, stating that the Online Safety Act provides strong user redress mechanisms, including reporting illegal content and complaints, which Ofcom further details in its codes of practice. It suggests existing support organisations could be designated as …
Government Equalities Office
15
Recommendation
4th Report – Tackling non-consensual in…
Rejected
The Government should explore whether the funding for such a Commission could be generated, at least in part, by a levy on bodies within scope of the OSA on a similar basis to that which exists in other regulated environments. We note that such consideration would need to take into …
Government response. The government rejects the recommendation, stating that the Online Safety Act already contains strong provisions for user redress and reporting illegal content, with Ofcom providing guidance and iteratively developing codes of practice. It highlights the role of trusted flaggers and …
Government Equalities Office
16
Conclusion
4th Report – Tackling non-consensual in…
Deferred
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. (Conclusion, Paragraph 85)
Government response. The government partially accepts the conclusion but largely deflects responsibility by stating that Ofcom, as the independent regulator, has powers under the Online Safety Act and will consult on further measures, including automated hash-matching tools.
Government Equalities Office
17
Recommendation
4th Report – Tackling non-consensual in…
Rejected
The Government should extend the legal definition of an intimate image to include images where “because of the person’s religious or cultural background, the person commonly wears particular attire of religious or cultural significance when in public; and the material depicts, or appears to depict, the person: (a) without that …
Government response. The government rejects the recommendation, citing the Law Commission's conclusion that criminalising such behaviour would cause too much uncertainty for law enforcement and the public, potentially leading to charges without malicious intent. It states that other offences may apply depending …
Government Equalities Office
18
Recommendation
4th Report – Tackling non-consensual in…
Accepted in Part
The Government should introduce an extension to the statutory time limits that apply to current and forthcoming intimate image abuse offences, such that the time limit begins only once the victim(s) is/are aware of the abuse. (Recommendation, Paragraph 93)
Government response. The government partially accepts, stating it is extending the statutory time limit for the new 'creating' and 'requesting the creation of' intimate image offences in the Data (Use and Access) Bill. It is considering the issue very carefully for other …
Government Equalities Office
19
Recommendation
4th Report – Tackling non-consensual in…
Accepted in Part
Every victim of a sexual offence deserves to be treated with respect and have their case investigated promptly and effectively by the police. However, in many cases police treatment of victims of intimate image abuse has been characterised by a lack of understanding and in some cases misogyny, with officers’ …
Government response. The government partially accepts, outlining new College of Policing guidance on online image offending, existing core learning for officers, and over £13m funding for a new National Centre for VAWG and Public Protection. This Centre will develop and deliver improved …
Government Equalities Office
20
Recommendation
4th Report – Tackling non-consensual in…
Accepted in Part
The College of Policing, Ofcom, and the Revenge Porn Helpline should work together to produce guidance to improve the police response to reports of non-consensual intimate image abuse. That guidance should include the steps police officers need to take to help ensure that content is taken down and blocked as …
Government response. The government partially accepts, noting the College of Policing has already issued new guidance on online image offending. They are providing £13m funding for a new National Centre for VAWG and Public Protection, which will develop and deliver improved training, …
Government Equalities Office
21
Conclusion
4th Report – Tackling non-consensual in…
Accepted in Part
Cases have been drawn to our attention where, at the end of the criminal justice process, perpetrators have had the devices containing the NCII content returned to them—even in cases where the perpetrator has been 55 served with a restraining order. It is needless for us to say how harrowing …
Government response. The government partially accepts the implied recommendation to address perpetrators retaining NCII content. It confirms the Ministry of Justice already collects and will continue to review data on deprivation orders in NCII cases, and notes the CPS has updated guidance …
Government Equalities Office
22
Recommendation
4th Report – Tackling non-consensual in…
Accepted in Part
The Sentencing Council must take steps to increase awareness of the ability of the courts to ensure that those charged with NCII offences forfeit all right to continued possession of that material, including both the physical removal of devices on which that material may be stored and deletion of any …
Government response. The government partially accepts, committing to continue reviewing data on deprivation orders in NCII cases, which it already collects. However, it cannot comment on the recommendations for the independent CPS and Sentencing Council, though it notes their updated guidance and …
Government Equalities Office
23
Recommendation
4th Report – Tackling non-consensual in…
Accepted
The Government should ensure that NCII abuse is included when creating a common definition of VAWG, as part of its mission to reduce it by 50% within the next decade. It should also identify what data can be used to measure the specific prevalence of NCII, as part of that …
Government response. The government accepts the recommendation, confirming that non-consensual intimate image abuse is included in its definition of VAWG and will be part of the new cross-Government Strategy. It is also working with the ONS to improve the Crime Survey for …
Government Equalities Office
24
Conclusion
4th Report – Tackling non-consensual in…
Deferred
Hash matching technology is a crucial tool in preventing non-consensual intimate image abuse. It is unacceptable that so few platforms receive NCII hashes, not least when they are already able to incorporate similar technologies for preventing the sharing of child sexual abuse material. It is obvious to us that accepting …
Government response. The government states that Google can consider adopting hash-matching technology if it wishes, and they would support it. Ofcom, as the independent regulator, will consult on additional measures for online platforms' safety duties, including automated hash-matching tools for intimate image …
Government Equalities Office
25
Recommendation
4th Report – Tackling non-consensual in…
Accepted in Part
Google should accept the StopNCII.org hash matching technology as a matter of priority. (Recommendation, Paragraph 125)
Government response. The government partially accepts, stating Google is able to consider adopting StopNCII.org hash-matching technology and the government would support its use. It notes that Ofcom, the online safety regulator, has powers to set out steps for search services and will …
Government Equalities Office
26
Recommendation
4th Report – Tackling non-consensual in…
Rejected
It is clear that some companies require further persuasion to accept NCII hashes. We welcome Ofcom’s plans to launch a consultation in spring 2025 on expansions to its Codes of Practice that would include proposals on the use of hash matching technology to prevent the sharing of NCII. We are …
Government response. The government rejects the recommendation, stating it cannot accept it on behalf of Ofcom, which is an independent regulator for Online Safety Act duties. It notes Ofcom's draft guidance already recommends hash matching and other measures for preventing NCII.
Government Equalities Office
27
Recommendation
4th Report – Tackling non-consensual in…
Accepted in Part
The Government’s plans to criminalise the creation of sexually explicit deepfakes/NCII, even if they are not shared, are very welcome and worthy of praise. However, the Government must ensure that the offence is consent- based and does not require the determination of any motivation on the part of the perpetrator. …
Government response. The government has introduced a consent-based offence for non-consensual sexually explicit deepfakes without requiring a motivation element, with amendments tabled to the Data (Use and Access) Bill. However, they have not included culturally sensitive images in this offence.
Government Equalities Office
28
Recommendation
4th Report – Tackling non-consensual in…
Rejected
The private sector has innovated to create AI technology. It does not need to wait for legislation to catch up in order to safeguard individuals from harmful AI-generated content. As a starting point tech companies involved in AI content creation should cleanse their datasets of NCII content and commit to …
Government response. The government rejects the recommendation for tech companies to cleanse datasets and commit to responsible data sourcing, arguing that existing regulatory requirements under the Online Safety Act and data protection framework already apply. They state their approach is to regulate …
Government Equalities Office
29
Recommendation
4th Report – Tackling non-consensual in…
Accepted
There is no legitimate reason whatsoever for the use or existence of nudification apps. The Government should ensure that the use of such an app is considered creation of synthetic NCII and therefore also a criminal offence and Ofcom should investigate the sites that offer this functionality. The Government should …
Government response. The government states that creating or requesting non-consensual purported intimate images, including those from nudification apps, is a criminal offence as of January 2024, and the Online Safety Act regulates harmful deepfake content on in-scope services. They are actively considering …
Government Equalities Office