Tougher laws and new body to better protect victims required to tackle “shocking” scale and impact of NCII, WEC says

Possession of non-consensual intimate images (NCII) should be made an offence, putting it on the same legal footing as child sexual abuse material (CSAM), a new report by the Women and Equalities Committee (WEC) has said.

While many platforms remove NCII content voluntarily, some fail to comply with requests to take material down. Around 10% of this content remains online and accessible in the UK, invariably hosted on sites based overseas and, in some cases, on sites dedicated to hosting NCII abuse.

The new regulatory regime overseen by Ofcom is unlikely to have much impact on these sites, and, under the current and proposed legal framework, internet service providers will not block access to that content unless specifically mandated to by Ofcom, a process that could take many months, WEC cautioned.

For internet infrastructure providers to take the threat of NCII seriously and block access to websites that refuse to take it down, there is justification in bringing NCII in line with CSAM in law, WEC said, as it called on the Government to introduce such amendments to the Crime and Policing Bill. 

WEC also called on the Government to create voluntary guidance for internet infrastructure providers on tackling online NCII abuse, as it has done for CSAM. The Government should do all it can to encourage internet infrastructure providers to follow it, with a view to potential legislative solutions if there is insufficient take up, it added.

The Committee called on the Government to expand the legal definition of NCII to include material that is considered “culturally intimate” for the victim, such as a Muslim woman being pictured without her hijab.

It warned that there is an existing gap in the UK's online regulatory framework for a statutory body to support and champion the rights of individuals affected by NCII abuse, and to work alongside the courts in the civil regime.

The Government, the cross-party committee recommended, should set up an Online Safety Commission, similar to the eSafety Commission in Australia, with a focus on support for individuals. The new Commission, WEC said, could 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 swift and inexpensive statutory civil process, demanding – for example – websites to take down particular content, or requiring perpetrators to pay compensation for harm caused. Such a process would be able to formally designate content as non-consensual.

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, Mobile Network Operators and others—take steps to block access to NCII content.

WEC's report warned that survivors are being re-traumatised by police when reporting NCII abuse. It called on the College of Policing, Ofcom, and the Revenge Porn Helpline to work together to produce guidance to improve the police response to reports of NCII abuse. It added that such guidance should include the steps police officers need to take to help ensure that content is taken down and blocked as a matter of priority.

The Committee noted a recent investigation that found few perpetrators of NCII abuse were having the content removed from their possession following conviction. The Committee called on the Government and agencies across the criminal justice system, including the Crown Prosecution Service and Sentencing Council, to do more to ensure that convicted perpetrators are deprived of that material.

Hash matching technology is a crucial tool in preventing NCII abuse, the report noted, adding it is unacceptable that so few platforms receive NCII hashes, not least when many are already able to incorporate similar technologies for preventing the sharing of CSAM.

The report welcomed 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. However, WEC was clear in its view that those proposals should include requiring companies to accept the hash matching technology to prevent NCII appearing on their services.

Chair of the Women and Equalities Committee and Labour MP Sarah Owen said: “Non-consensual intimate image abuse (NCII) is a deeply personal crime which can have life-changing and life-threatening consequences, as inquiry witness Georgia Harrison explained. 

“The Committee heard shocking evidence of its scale and impact, with a tenfold increase in just four years and more than 22,000 reported cases in 2024.  

“Every victim of a sexual offence deserves to be treated with respect and have their case investigated promptly and effectively by the police. However, in many cases police have failed to react appropriately, responding with misunderstanding and, in some cases, misogyny. Officers are choosing to patronise victims rather than support them. This is unacceptable and must change.  

“We welcome the Government's proposals to make creating NCII an offence, but a legal gap remains. NCII can circulate online years after the image was first posted. While many sites will eventually remove the content when prompted, around 10% do not 

“There is nothing in the Government's proposals in the Crime and Policing Bill to address this concern. The Government should bring forward amendments to the Crime and Policing Bill to make possession, as well as the creation, of NCII an offence. 

“This ensures NCII receives the same legal treatment as child sexual abuse material and—we hope—will provide the necessary encouragement to IIPs to block or disrupt access to such content, including that which is hosted overseas.  

“The Government should also set up an Online Safety Commission to support individuals. The UK already has an excellent organisation doing some of this work in the form of the Revenge Porn Helpline, and the Government should discuss whether the RPH can be given additional resources to take on the role of the Commission itself. 

“There is also an urgent need for courts to confiscate devices storing NCII content. There have been cases where, following the criminal justice process, perpetrators have had devices containing the NCII returned to them. This is harrowing for victims. The Government, Sentencing Council and Crown Prosecution Service must each take steps to ensure that those charged with NCII offences are deprived of that material.”