The Chronicle

Grey areas of present legislatio­n

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It is an act which women say makes them feel sick. But men sending photos of their genitals to women isn’t in itself illegal.

Women who say they have received explicit snaps are backing calls to create a specific law – similar to ‘revenge porn’ legislatio­n – to tackle the “epidemic”.

But what’s the current law with sending the rude snaps?

There’s no standalone law around so-called ‘d*** pics’, which is what campaigner­s are calling for.

To take a picture of an intimate body part and send it to someone isn’t directly legal, especially if the recipient – such as a partner – is happy to receive it.

However, if it is unwanted, police say there are laws which the person can be prosecuted under.

How can people sending the pictures be prosecuted?

If you send such a picture, you could face prosecutio­n for harassment or sending malicious communicat­ions.

The 2003 Communicat­ions Act made it illegal to send images that are “grossly offensive” of an “indecent or obscene” nature.

Before that, the still-active 1988 Malicious Communicat­ions Act also outlawed sending an electronic communicat­ion – like a Snapchat – which was “indecent”.

They could also be arrested and charged under the 1997 Harassment Act if the images are deemed to be part of a course of harassment.

Also, the law states if the images are sent to or from someone aged under 18, then a crime has been automatica­lly committed.

So it is illegal?

It is a grey area. In fact, it is such a grey area, Newcastle Central MP Chi Onwurah is seeking clarity over the law in Parliament.

Sending these photos clearly could land you in trouble, but the law around it is a bit subjective.

You could be prosecuted for offences such as harassment.

But aren’t these current laws enough?

The women who have spoken out about it, they think not.

They claim the laws don’t acknowledg­e the sexual element of the act. One woman we spoke to dubbed it “cyber-flashing”.

They want a new law created which would act as a clear deterrent to culprits, one which possibly could have more serious implicatio­ns – such as being classed as a sex offender – than, say, a conviction for harassment.

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