Cyberflashing on Dating Apps: The Law in England and Wales and in Scotland, and How to Report

Unwanted explicit photos are a common complaint among people who use dating apps. The law on them differs across the UK, so this article sets out the position separately for England and Wales and for Scotland. It does not cover Northern Ireland, which has its own legislation and is outside the sources read for this article.

England and Wales: section 66A of the Sexual Offences Act 2003

Section 187 of the Online Safety Act 2023 inserted a new offence, section 66A, into the Sexual Offences Act 2003. According to legislation.gov.uk, a person commits the offence by intentionally sending or giving a photograph or film of genitals to another person in either of two situations:

  • they intend the recipient to see the genitals and be caused alarm, distress or humiliation; or
  • they send it for the purpose of obtaining sexual gratification and are reckless as to whether the recipient will be caused alarm, distress or humiliation.

“Sending or giving” is wide. It includes sending by any means, electronically or otherwise, showing the material to someone or placing it for them to find. The material covered includes photographs, films, computer-generated images that appear authentic, copies, and data that can be converted into such images. The offence came into force on 31 January 2024 and extends to England and Wales only. On conviction on indictment, the maximum sentence is two years’ imprisonment. Police guidance from Avon and Somerset Police adds that offenders may also face a fine and possible placement on the sex offenders register.

Scotland: a different offence

Scotland does not use the same wording. Section 6 of the Sexual Offences (Scotland) Act 2009 covers coercing a person into looking at a sexual image. It applies where someone intentionally causes another person to look at a sexual image without that person consenting and without reasonable belief that they consent, for the purpose of obtaining sexual gratification or of humiliating, distressing or alarming them. A sexual image includes a depiction of any person engaged in sexual activity and an image of genitals, whether of a real or imaginary person. This offence applies in Scotland only.

The two offences overlap in practice, but they are not identical: the England and Wales offence is about sending a genital image, while the Scottish offence is framed around causing someone to look at a sexual image without consent.

What platforms are now expected to do

The government’s explainer on the Online Safety Act lists cyberflashing among six offences that took effect on 31 January 2024 and notes that convictions have already been made. A later government announcement, dated 8 January 2026, says cyberflashing has become a priority offence under the Act. It says platforms must take proactive steps to prevent unsolicited nude images before users see them, for example through automated systems that pre-emptively detect and hide the image, moderation tools or stricter content policies. It says organisations failing to comply face fines of up to 10% of qualifying worldwide revenue, and that Ofcom will consult on codes of practice. The announcement does not distinguish between the England and Wales offence and UK-wide platform duties, so treat the platform duties and the criminal offences as separate questions.

Reporting in England and Wales

The guidance read for this article comes from one force, Avon and Somerset Police, so the online form it names is that force’s own; the general route through your local force applies elsewhere in England and Wales. It says cyberflashing can be reported by:

  • completing the online “Report harassment and stalking” form;
  • visiting a police station;
  • calling 101, or 999 if there is immediate danger; and
  • contacting Crimestoppers anonymously on 0800 555 111.

The force advises keeping screenshots if you feel able to, which it says applies to adults over 18. It states plainly that it is never the victim’s fault, and it lists Galop, The Cyber Helpline, The Mix and Victim Support as sources of confidential help. It also says you can report the account to the service provider directly, since most platforms have rules against sharing non-consensual intimate content and will remove reported material.

Reporting in Scotland

Police Scotland’s page on online harassment says you can report online, by phone or in person. It advises documenting what was said or sent, which platform, website or app it was on, when it was sent or posted and the sender’s name or username if known, and saving or screenshotting posts and messages. That page is about online harassment generally and does not specifically mention sexual images, so it is best read as guidance on how to report and what to record, not as a statement of which offence applies.

Practical steps on a dating app

  • Use the app’s block and report tools straight away, since platforms are expected to act on reports of illegal content.
  • Record the details Police Scotland lists, such as platform, date and username, before the account disappears.
  • Decide whether to report to police, which is your choice and is described in both forces’ guidance as an available route.

The bottom line

In England and Wales, sending a genital image with intent to cause alarm, distress or humiliation, or for sexual gratification while reckless as to that harm, has been a criminal offence since 31 January 2024, carrying up to two years’ imprisonment on indictment. Scotland has a separate offence of coercing a person into looking at a sexual image. Report through the app and to police in your nation, keep the details, and remember it is never the victim’s fault.

Sources