Source · Select Committees · Public Accounts Committee
Recommendation 33
33
Not Addressed
Online Safety Act contains loophole failing to legislate against non-consensual intimate imagery possession.
Recommendation
The Online Safety Act, introduced in October 2023, was designed to ensure that people are protected from harmful online content, notably children and young people. The Act legislates the removal harmful content from social media platforms.77 As of 16 March 2025, service providers must have completed their risk assessments for illegal content which assessing the risk of users encountering illegal content or of the platforms being used to commit or facilitate an offence. DSIT is the sponsoring department for the Online Safety Act and is responsible for investigating how the design of online platforms can contribute to or mitigate such violence. DSIT has told us that the Online Safety Act will have a significant impact on tackling VAWG, as platform providers can be fined up to 10% of worldwide qualifying revenue.78 We asked DSIT about the decision to not legislate against the possession of NCII, while the creation of it, threat to share it, or sharing of it, are all illegal. We stressed our concern that this was a loophole that needed addressing. DSIT could not provide evidence of work it was doing to address this loophole, but said it intended to address to through consultation with the Home Office.79 77 Q 5 78 Q 54 79 Q 55 22
Government Response Summary
The government agrees with the recommendation and sets a target implementation date of Winter 2025. However, while it details the implementation of the Online Safety Act and ongoing work to criminalize the *creation* of non-consensual intimate images, it does not explicitly commit to addressing the specific loophole of legislating against the *possession* of non-consensual intimate images.
Government Response
Not Addressed
HM Government
Not Addressed
7.1 The government agrees with the Committee’s recommendation. Target implementation date: Winter 2025 7.2 The implementation of the Online Safety Act is a key part of the government’s strategy to tackle VAWG. The government is also exploring interventions to strengthen protections for women and girls online, including current work legislating to criminalize the creation of non-consensual intimate images. 7.3 The Act’s illegal content duties have been in force since March 2025, and from July 2025, the Act’s child safety duties should be in force. The child safety duties will require in- scope services likely to be accessed by children, to protect them from content that is harmful to them. 7.4 From October 2025, DSIT will analyse Ofcom's Online Experiences Tracker, setting out the experiences of 13–17-year-olds and adults on regulated services. This survey may give a view into the early impact of the protections under the illegal content duties, including from harms which disproportionately impact women and girls. 7.5 DSIT expects to see impacts of the child safety duties reflected more in the Spring 2026 Tracker but will aim to update the Committee in six months' time with initial findings from Ofcom’s Tracker. 7.6 DSIT is working with Ofcom to develop a longer-term monitoring and evaluation framework to assess the Act’s impact, including assessing relevant data and crime statistics. 7.7 DSIT expect Ofcom to publish their finalised guidance to protect women and girls online by the end of 2025. Ofcom is also consulting on further measures which may help tackle VAWG, which launched on 30 June 2025. 7.8 DSIT will update the Committee in six months' time on the implementation of the Act and further actions being taken to protect women and girls online.