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The list of offences that are within scope of the Criminal Injuries Compensation Scheme is out of date.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 …
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The list of offences that are within scope of the Criminal Injuries Compensation Scheme is out of date.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 health. It is essential that victims of such crimes are able to access compensation. (Conclusion, Paragraph 25)
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Government response AI summary
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 violence.
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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)
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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)
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Government response AI summary
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 scope is broad enough for …
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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 AI summary
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.
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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 …
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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 block or disrupt access to such content, including that which is hosted overseas. (Recommendation, Paragraph 57)
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Government response AI summary
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 the upcoming VAWG Strategy.
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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 …
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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 to include all image-based abuse offences, maintaining a focus on criminalising the person in the UK soliciting the image, regardless of the jurisdiction and identity of the provider. (Recommendation, Paragraph 65)
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Government response AI summary
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 creators abroad, where a legal …
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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 …
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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 them to take fast and effective action towards having their NCII taken down or blocked. Such a regime should be alongside and underpin the creation of a registry of NCII content—overseen by an expert body—that internet infrastructure providers are requested to take all reasonable steps to prevent access to. The statutory regime should enable civil courts to make orders, including: 53 a. designating an image as NCII content and ordering its inclusion on a dedicated registry for the purposes of having IIPs take action to prevent access to that content; b. prohibiting the individual from distributing the intimate image; c. requiring the individual to delete any images; d. requiring the individual to take down or disable access to an intimate image; e. requiring the individual to pay compensation for harm caused; f. requiring the provider and/or end user of a social media service, relevant electronic service or designated internet service to remove an intimate image from the service; g. requiring a hosting service provider who hosts an intimate image to cease hosting the image. (Recommendation, Paragraph 71)
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Government response AI summary
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 routes. They consider the RPH …
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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 …
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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 to secure redress and to oversee the registry of NCII content that we recommend is introduced. Ofcom’s remit is already very wide, and its enforcement mechanisms are designed to act at too a high level for this function - it is ill-suited to the further responsibilities that are required. Existing Commissions, such as the Victims’ Commissioner for England and Wales, do not have the powers or expertise to fulfil such a role. (Conclusion, Paragraph 75)
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Government response AI summary
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 designate support organisations as 'trusted …
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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 …
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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 apply for and send court orders, generated following a statutory civil process, for example demanding that NCII content is taken down from the websites hosting it. The Commission would oversee a registry of designated NCII content, against which it would be able to recommend that internet infrastructure providers—including ISPs, web browsers, registries, and Mobile Network Operators and others—take steps to block access to NCII content. (Recommendation, Paragraph 76)
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Government response AI summary
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 content, and that trusted flaggers …
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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 …
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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 the RPH—whether it can be given additional resources to take on the role of the Commission itself. The removal of images should still be pursued at the earliest opportunity as happens now; the court process that we suggest is a means of escalation in cases of non-compliance. (Recommendation, Paragraph 77)
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Government response AI summary
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 trusted flaggers under Ofcom's framework.
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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 …
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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 account fees already collected by Ofcom. (Recommendation, Paragraph 78)
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Government response AI summary
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 existing support services.
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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 …
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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 attire; and (b) in circumstances in which an ordinary reasonable person would reasonably expect to be afforded privacy”. (Recommendation, Paragraph 86)
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Government response AI summary
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 on the circumstances.
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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 …
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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 clear in our view that those proposals should include requiring companies to accept the hash matching technology to prevent NCII on their services. (Conclusion, Paragraph 126) 56
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Government response AI summary
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.
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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 …
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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 responsible sourcing of data to safeguard those datasets from being used as a base from which to create intimate image-based abuse. (Recommendation, Paragraph 135)
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Government response AI summary
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 AI systems at the point …
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Government Equalities Office