Creating or sharing explicit images of a child is illegal, even if the person doing it is a child.
England, Northern Ireland, Scotland and Wales each have their own legislation on the sharing of indecent images of children. In England there is also guidance to help professionals respond to sexting incidents (although the guidance is aimed at professionals in England, those in other nations may find the principles helpful).
Sharing indecent images of children
In England and Wales, the Protection of Children Act 1978 makes it an offence to take, make, show, distribute, possess (with a view to distribute) or publish an advertisement with an indecent photograph or pseudo-photograph of a child under the age of 16.
Part 11 of the Criminal Justice Act 1988 makes it an offence to possess indecent images of children (whether or not you intend to distribute them).
In Northern Ireland, article 3 of the Protection of Children (Northern Ireland) Order 1978 makes it an offence to take, make, show, distribute, possess (with a view to distribute) or publish an advertisement with an indecent photograph or pseudo‐photograph of a child.
In Scotland, sections 52 and 52A of the Civic Government (Scotland) Act 1982 make it an offence to take, make, show, distribute, possess (for any reason) or publish an advertisement an indecent photograph or pseudo-photograph of a child under the age of 16.
Sometimes young people who have been involved in sexting can be blackmailed – the person who received their image may threaten to share it more widely if the child doesn’t send them more. Young people may also worry that if their relationship ends, the partner they shared their image with may share it to get revenge. There is legislation in the UK to protect them from this.
Across the UK, section 33 of the Criminal Justice and Courts Act 2015 makes it an offence to share private sexual photographs or films with the intent to cause distress.
In Scotland, Part 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 makes it an offence to disclose publicly, or threaten to disclose publicly, an intimate photograph or film of another person in order to cause them distress.
In all UK nations, part 67 of the Serious Crime Act 2015 makes it a criminal offence to engage in sexual communication with a child (under 16). This includes communication that relates to sexual activity and communication for the purpose of obtaining sexual gratification (for example, grooming for sexual abuse). It closes a previous loophole which meant communication couldn’t be classified as ‘grooming’ until an arrangement to meet had been made.
Investigating indecent images
If an indecent image of a child shows a sexual act, the Sexual Offences Act 2003 states that the police must investigate to find out whether a sexual offence has been committed and act accordingly. This applies across the UK.
Guidance for professionals
There is guidance for professionals in different sectors on responding to sexting incidents. These refer specifically to sexual images or video content which is produced, shared by or in the possession of young people under 18. It does not cover sexual messages which do not contain imagery or the sharing of sexual imagery by adults. To clarify this, the guidance uses the term “youth produced sexual imagery”.
Common themes across the guidance are:
- children and young people should not be unnecessarily criminalised for sharing youth-produced sexual imagery
- agencies should work together to share advice and information during investigations and help educate children about the risks of sexting.
The Police Service Northern Ireland (PSNI) has published a guide to help professionals and the public deal with incidents of sexting (PDF) (PSNI, 2018).
The UK Council for Internet Safety (UKCIS) (formerly the UK Council for Child Internet Safety) provides guidance for schools in England on how to respond to sexting incidents.
Sexting: how to respond to an incident (PDF) is an overview for all teaching and non-teaching staff (UKCCIS, 2016b).
Sexting in schools and colleges: responding to incidents and safeguarding young people (PDF) is more specific guidance for nominated child protection leads, head teachers and governors (UKCCIS, 2016a).
There is also guidance for educational settings in Wales on responding to sexting incidents and safeguarding learners (PDF) (UKCCIS, 2017).
The principles of these guidance documents are also helpful for schools in other nations.
The College of Policing has produced guidance to help police in England and Wales respond to young people who are sexting (PDF) (College of Policing, 2016). The principles are also helpful for police officers in other nations. The guidance highlights the need for police to prioritise safeguarding concerns.
All incidents of youth produced sexual imagery should be recorded as a crime. However, in January 2016 the Home Office launched outcome 21. This allows police in England and Wales to record that a crime has happened but that it was not considered to be in the public interest to take formal criminal justice action. Crimes recorded under this code are unlikely to be disclosed on a vetting check in the future although this cannot be guaranteed. Decisions about using outcome 21 should be taken by a senior and/or experienced officer.
The College of Policing guidance suggests that outcome 21 may be a good solution in cases where:
- a young person’s sexting was not abusive or persistent
- there is no evidence of exploitation, grooming, profit motive or malicious intent (College of Policing, 2016).
In England and Wales, the Crown Prosecution Service (CPS) has produced Guidelines on prosecuting cases involving communications sent via social media (CPS, 2018). This sets out the approach prosecutors should take when dealing with cases involving criminal offences committed by sending a social media message. The principles are also helpful for prosecutors in other nations. It includes communications targeting specific individuals, such as disclosure of private sexual images without consent and sexting.
These guidelines state it would not normally be in the public interest to prosecute when sexual images have been shared consensually between children of a similar age; however prosecution may be appropriate in other scenarios, for example if bullying, grooming or child sexual exploitation are involved.
In Scotland, the Crown Office and Procurator Fiscal Service (COPFS) has published Guidance on cases involving communications sent via social media (PDF) (COPFS, 2014). This outlines where the boundaries lie between criminal and non-criminal social media communications.
This guidance states that in offences alleged to have been committed by children, young people under the age of 16 will only be prosecuted in exceptionally serious cases, for example if there have been serious threats of violence.
Guidance for young people
The Home Office has published guidance to help young people understand the law on making or sharing indecent images of children and young people (Home Office, 2019). It explains the legislation around sexting in England and Wales, gives definitions of some of the commonly used terms and tells young people what to do if they stumble across indecent images of children online.