4th Report – Tackling non-consensual intimate image abuse

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.

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 cases escalating to violence.

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.

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.

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 gap was identified, and the government has not seen evidence to justify a broader expansion.

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 and StopNCII to already serve as a dedicated registry for known NCII.

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 can play a valuable role.

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.

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.

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.

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.

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 of use through existing expert regulators, while continuing to engage with the tech sector on safety.

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 flaggers' to improve detection of illegal content, including NCII.