Recommendations & Conclusions
13 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The list of offences that are within scope of the Criminal Injuries Compensation Scheme is out of date.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
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
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
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
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
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