New Online Safety Act Brings Tougher Penalties for Cyber Abuse
A landmark moment in the fight against online abuse arrived today as a series of new offences under the Online Safety Act come into effect. These offences, carrying penalties of up to five years imprisonment, aim to tackle a wide range of harmful online behaviors, from cyberflashing and death threats to the dissemination of harmful fake news. The legislation represents a significant step forward in protecting individuals online and holding perpetrators accountable for their actions. The new laws are the culmination of extensive campaigning by various groups, including children’s charities, individuals affected by online abuse, and even reality TV stars.
One of the most impactful additions is the criminalization of cyberflashing, the unsolicited sending of explicit images. This practice, often used to harass and intimidate, is now punishable by up to two years in prison if done for sexual gratification or to cause distress. The law addresses a pervasive issue in online spaces, particularly dating apps and social media platforms, where individuals have been subjected to unwanted and often disturbing visual content. This new offense sends a clear message that such behavior will not be tolerated and empowers victims to seek justice.
Another key element of the Act is the introduction of “Zach’s Law,” named after an eight-year-old boy targeted by online trolls who exploited his epilepsy. Zach, while fundraising for the Epilepsy Society, was subjected to flashing images designed to induce seizures. This harrowing experience led to a campaign to criminalize such malicious acts. The law now makes it a punishable offense to send flashing images with the intent to cause harm to individuals with epilepsy, recognizing the severe physical and psychological distress this can cause.
The Act also strengthens existing laws against revenge porn, the non-consensual sharing of intimate images. Offenders now face up to two years imprisonment if the act was intended to cause distress or humiliation, or for sexual gratification. This amendment reflects the devastating impact of revenge porn on victims, often involving significant emotional trauma and reputational damage. The increased penalties aim to deter this abhorrent behavior and provide stronger legal recourse for victims.
Beyond image-based abuse, the Online Safety Act also tackles other forms of online harassment and manipulation. Sending death threats or threats of serious harm online is now punishable by up to five years imprisonment, aligning online threats with the same severity as those made in person. The legislation also addresses the spread of harmful disinformation, criminalizing the intentional dissemination of false information that could cause “non-trivial” psychological or physical harm. This provision seeks to combat the growing threat of fake news and its potential to incite violence, spread panic, and manipulate public opinion.
The Act also addresses the critical issue of online content that encourages self-harm, particularly among vulnerable children. Individuals who post content that encourages or assists serious self-harm can now face up to five years imprisonment. This provision recognizes the insidious nature of such content and its potential to exacerbate existing mental health issues and encourage dangerous behavior. The NSPCC has welcomed this new offense, emphasizing the importance of protecting children from harmful online influences and holding those who spread such content accountable.
While the Online Safety Act primarily focuses on holding tech companies accountable for the content hosted on their platforms, these new criminal offenses directly target the individuals perpetrating online abuse. These measures represent a significant shift towards greater individual accountability online and send a powerful message that harmful online behavior will have serious consequences. The government hopes that these new offences will deter abusive behavior and contribute to a safer online environment for all. Further enhancements to these offences are expected as the Criminal Justice Bill makes its way through Parliament, signaling a continued commitment to strengthening online safety measures.
