Page 21 - The Katten Kattwalk - Fall 2025 - Issue 30
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Cyberflashing • Ensure its measures are effective in preventing
Cyberflashing is the unsolicited sending of explicit (rather than mitigating) the risk of harm from
images or videos to an individual via digital means. cyberflashing;
This can occur over social media, dating apps or • Ensure measures are in place to minimise the
even Bluetooth channels. Cyberflashing became time cyberflashing content is present on its
a criminal offence in January 2024 and has been service; and
classified as a non-priority offence since the OSA
was implemented. • Ensure the relevant nominated person or
accountable stakeholders are aware of the
Priority vs Non-Priority Offences additional designation.
Platforms are mandated by the OSA to conduct Failure to do so could lead to fines of up to £18
risk assessments for each type of priority offence million or 10 percent of global turnover, as well as
(also known as illegal harms) and ensure users services being blocked in the United Kingdom.
are protected from such illegal harm. As a non-
priority offence, platforms are required to take This designation may not result in substantial
proportionate measures to mitigate the risk of harm changes for platforms that have identified an
and to swiftly remove content relating to such an existing risk of cyberflashing, as it is a risk they
offence. should have already taken into account. However, it
signals the need for platforms to continue to track
However, the designation of cyberflashing as a new types of illegal harms and priority offences (as
priority offence will mean platforms have additional already required under the Illegal Content Code of
requirements to protect users from illegal harms Practice).
arising from it, such as:
The Importance
• Assessing the risk of harm arising from the
priority offence as a standalone risk in the This is an important step in the government’s plan
illegal harms risk assessment; to protect women and girls against violence. Studies
show that 58 percent of girls and women aged 15-
• Taking proportionate measures to prevent the 25 have experienced online harassment, and less
risk of harm; than 50 percent of women feel that social media is
• Minimising the length of time such priority a safe space. These experiences online demonstrate
content is present on the service; and the critical need to keep women and girls safe
online.
• Meeting the same requirements for non-priority
offences. As the UK Office of Communications (Ofcom)
enters the next stage of OSA implementation, the
What Does This Mean for Services? protection of women and girls online is next up, as
In line with the process in November 2024, the industry anticipates publication of the finalised
platforms should expect to have 21 days after guidance by Ofcom for “A safer life online for
cyberflashing is designated as a priority offence for women and girls.”
the requirements to take effect. Platforms should: Katten can advise on your Online Safety Act require-
• Update their illegal harms risk assessments; ments, assist you in conducting risk assessments and
advise on the implementation of measures to ensure
• Amend the necessary policies and procedures you are compliant. If you would like more information,
to ensure cyberflashing is taken into account in please contact the authors, Terry Green and Larry
how a platform protects its users; Wong.
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