Source · Select Committees · Women and Equalities Committee
Recommendation 17
17
Rejected
Extend legal definition of intimate image to include religious or cultural attire removal.
Recommendation
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)
Government Response 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.
Government Response
Rejected
HM Government
Rejected
Reject The Government understands that the non-consensual taking and sharing of culturally sensitive images can be distressing and life-changing for people. However, the Law Commission looked carefully at this issue and while they too acknowledged the impact these images can have on individuals, they concluded that the criminalisation of this behaviour would result in too much uncertainty for law enforcement agencies and the public and may result in some people being charged with criminal offences even where they had no malicious intent. The Government is considering this carefully but does not believe that changes should be made at present. Where messages are sent including images considered intimate in specific cultures/groups but not captured by the specific offences in the Sexual Offences Act 2003, other offences may apply depending on the circumstances of the individual case, including communications offences, blackmail and harassment, for example.