Are my images intimate?
While it is against the law in the United Kingdom to take, share, and threaten to share intimate images (including photographs and videos) of an individual without consent (see here), the legality of the act is dependent on whether the images meet the legal definition of “intimate”. However, the legal definition of intimate images varies depending on when the crime happened, and where you live in the UK. So, let's take a closer look at these differences.
Find out about the laws in your region
England and Wales
What is classed as intimate content as of the 31st of January 2024?
On the 31st of January 2024, the Sexual Offences Act 2003 (see here) was updated and replaced the Criminal Justice and Courts Act 2015 to include a wider range of intimate image abuse offences. As the new legislation is not retrospective, the updated Sexual Offences Act 2003 does not take into account offences occurring before 31st January 2024. Therefore, if the images of yourself have been taken, shared, or threatened to be shared after the 31st of January 2024 the following definition will determine whether by law, they are deemed intimate.
- The images must not have been previously accessible to the public or any segment of the public. This includes content that is behind a paywall (e.g., OnlyFans) or breastfeeding images, for example.
- The images must depict partially or fully exposed genitals, buttocks, or breasts, or show a sexual behaviour or act. This includes visibility through wet or transparent clothing and those covered by only underwear.
The definition includes synthetic sexual content, also known as deepfakes, which have been created or edited to mimic an intimate image.
What is classed as intimate content before the 31st of January 2024?
If the images were taken, shared, or threatened to be shared before the 31st of January 2024, the legal definition would be determined by the Criminal Justice and Courts Act 2015 (see here). In this legislation, the images must be both private and sexual to be determined intimate.
- To be considered private, the images must not have been previously accessible to the public or any segment of the public. This includes content that is behind a paywall (e.g., OnlyFans) or breastfeeding images for example.
- To be deemed sexual, the images must depict partially or fully exposed genitals, buttocks, or breasts, or show a sexual behaviour or act.
It is important to note that synthetic sexual content, also known as deepfakes, is not recognised as sexual under this definition.
Scotland
In Scotland, these offences fall under the Abusive Behaviour and Sexual Harm Act (Scotland) 2016 (see here), and images must be considered an ‘intimate situation’ to be recognised as an offence.
- To be considered an intimate situation, the images must not have been previously accessible to the public or any segment of the public. This includes content that is behind a paywall (e.g., OnlyFans) or breastfeeding images for example.
- The images must depict exposed genitals, buttocks or breasts; this includes those covered by only underwear.
The definition also encompasses synthetic sexual content, also known as deepfakes, which have been created or edited to mimic an intimate image.
Northern Ireland
In Northern Ireland, these offences fall under the Justice Act 2016 (see here), and images must be considered both private and sexual to be recognised as an offence.
- To be considered private under the definition, images must depict something that is not of a kind ordinarily seen in public.
- To be deemed sexual, the images must show all or partially exposed genitals or pubic area or depict a sexual act/behaviour.
It is important to note that synthetic sexual content is not recognised as sexual under this definition.
The Republic of Ireland
In The Republic of Ireland, these offences fall under the Harassment, Harmful Communications and Related Offences Act 2020 (see here), and images must be considered both private and sexual to be recognised as an offence.
- To be considered private, the images must not have been previously accessible to the public or any segment of the public. This includes content that is behind a paywall (e.g., OnlyFans) or breastfeeding images for example.
- To be deemed sexual, the images must depict all or partially exposed genitals, buttocks, breasts, or anal region or depict a sexual act/behaviour.
This definition includes synthetic sexual content, also known as deepfakes, which have been created or edited to mimic a sexual image.
For further support visit the Hotline.ie here.
What can I do if my intimate images were taken, shared, or threatened to be shared without my consent?
Click below for more information.
Contact the Revenge Porn Helpline
If you require further support and information regarding what has happened or on behalf of someone else, please get in contact with one of our practitioners on the Revenge Porn Helpline. We offer free, non-judgemental and confidential advice and support on a 1-to-1 basis, including support with reporting and removing intimate images publicly online, social media advice, advice on reporting to the police and signposting to legal support.
The Helpline is open from 10am-4pm, Monday to Friday excluding bank holidays. There are various avenues you can take to get in touch with our practitioners, including by phone on 0345 6000 459, email on help@revengepornhelpline.org.uk, Whisper - our anonymous reporting form (see here) or REIYA our automated chatbot located at the bottom right of your screen. You can find more information regarding getting in touch with the helpline here.
Contact the police
While we understand this can be difficult, as intimate image abuse is against UK law, we would encourage you to make a report to the police. You can do this by making a report online, calling 101 or in-person at your local police station. Before making a report to the police, try to collect as much evidence as possible – the evidence is dependent on the form of intimate image abuse occurred and thus, specificities can be found on our advice page here.
Additionally, for further support with reporting intimate image abuse to the police, get in contact with the helpline or visit out dedicated webpage here.
Are you living outside of the UK?
The Revenge Porn Helpline is only funded to help people who have been the victim of intimate image abuse and live in the UK. However, if you feel comfortable doing so, we encourage you to report what has happened with the police. Additionally, on our website we have created a dedicated webpage with information and signposting to support organisations in various countries that may be able to support you further; you can explore and find this page here.
If required, you can find advice regarding reporting intimate content for removal on our website here.
Are you under the age of 18 now and/or in the images?
While images may seem intimate in nature, explicit images of an individual who is under the age of 18 are categorised as child sexual abuse material by law and this is a serious crime. On the helpline, we are unable to support anyone under the age of 18 and legally cannot view or report child sexual abuse material. However, the Internet Watch Foundation has trained analysts who can view this content and report it for removal; you can find their website here.
While we understand how difficult this can be, if you are under the age of 18, we would also encourage you to tell a trusted adult about what has happened - this might be a teacher, parent or trusted adult. Additionally, you could call or message Childline and speak to someone there; you can find their contact page here. For more information and support services for individuals under the age of 18 now and/or in the images, please see our dedicated webpage here.
What can I do if the images are not deemed intimate under the law?
If the images are not deemed intimate by law but you still want them to be removed, there are various avenues you can take, depending on the type of content. Find out more about the support available below.