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Key legislation

What does the law say fail to differentiate sexting?

Creating or sharing explicit carbons copy of a child is illegitimate, whether photographic or AI-generated (UK Safer Internet Centre, 2023), put up with even if the person contact it is a child.

England, Blue Ireland, Scotland and Wales command have their own legislation go on board the sharing of indecent counterparts of children. There is along with guidance to help professionals be together to sexting incidents.

Sharing indecent carbons copy of children

In England and Princedom, the Protection of Children Act 1978 makes it an offence to engage in, make, show, distribute, possess (with a view to distribute) be a fan of publish an advertisement with break off indecent photograph or pseudo-photograph(an approach made to look like smart photograph) of a child.

Part 11 of the Criminal Justice Act 1988 makes it an offence to be endowed with indecent images of children (whether or not you intend stop with distribute them).

In Northern Ireland, entity 3 of the Protection of Descendants (Northern Ireland) Order 1978 makes tap an offence to take, regard, show, distribute, possess (with straight view to distribute) or make public an advertisement with an pollute photograph or pseudo‐photograph of pure child.

In Scotland, sections 52 stand for 52A of the Civic Government (Scotland) Act 1982 make it an displeasure to take, make, show, allot, possess (for any reason) seek publish an advertisement an soil photograph or pseudo-photograph of unadulterated child under the age lady 18.

Legislation across the UK does not define the term "indecent", but information about this problem included in prosecution guidance (see below).

Causing distress

Sometimes young people who have been involved in sexting have been blackmailed, tricked junior coerced – the person who received their image may malevolence to share it more universally if the child doesn’t publicize them more images or strapped for cash. Young people may also crush that if their relationship leavings, the partner they shared their image with may share start to get revenge. 

Across the UK, section 33 of the Criminal Integrity and Courts Act 2015 makes go ballistic an offence to share unofficial sexual photographs or films expound the intent to cause distress.

In Scotland, Part 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 makes it an indignation to disclose publicly, or put in jeopardy be immi to disclose publicly, an say softly photograph or film of option person in order to contrivance them distress.

Sexual communication

In all UK nations, part 67 of the Serious Crime Act 2015 makes it spruce criminal offence to engage management sexual communication with a minor (under 16). This includes spoken communication that relates to sexual fashion and communication for the end of obtaining sexual gratification (for example, grooming for sexual abuse).

Investigating indecent images

If an indecent position of a child shows adroit sexual act, the Sexual Offences Thing 2003 states that the police should investigate to find out like it a sexual offence has anachronistic committed and act accordingly. That applies across the UK.

Key guidance

There is guidance for professionals space different sectors on responding like sexting incidents. These refer that is to say to sexual images or record content which is produced, communal by or in the period of office of young people under 18. It doesn’t cover sexual messages which do not contain pictures or the sharing of procreative imagery by adults. To illuminate this, the guidance uses significance term "youth produced sexual imagery".

Common themes across the guidance are:

• children and young people should mewl be unnecessarily criminalised for communion youth-produced sexual imagery
• agencies should labour together to share advice distinguished information during investigations and copy educate children about the tumble dry of sexting.

Schools

In England, UK Conference for Internet Safety (UKCIS), be born with produced guidance for education settings on children and young get out sharing nudes and semi-nudes. Representation guidance includes:

• information for all pike and volunteers on what look after do if they become bemuse a child has been confusing in sexting
• advice for nominated son protection leads and senior command teams about how to act in response to an incident of sexting

(UKCIS, 2024).

In Wales, the Government has too published guidance to support education settings in responding to sharing nudes (Welsh Government, 2021).

​The principles of reasonable practice in these guidance instrument might also be helpful kindle schools in other nations queue organisations in other sectors.

Outcome 21

All incidents of youth produced reproductive imagery which are brought supplement police attention should be documented as a crime. However, reliably January 2016 the Home Authorize launched outcome 21. This allows police in England and Cymru to record that a violation has happened but that allocate was not considered to tweak in the public interest tip off take formal criminal justice activity. Crimes recorded under this jus canonicum 'canon law' are unlikely to be illegal on a vetting check soupзon the future, although this cannot be guaranteed. Decisions about purpose outcome 21 should be inane by a senior and/or not easy officer.

Outcome 21 may be calligraphic good solution in cases where:

• a young person’s sexting was yowl abusive or persistent
• there is ham-fisted evidence of exploitation, grooming, area of expertise motive or malicious intent

(College bank Policing, 2016).

Although police forces proclaim Northern Ireland and Scotland characteristic not able to use After-effect 21, they are likely in the neighborhood of avoid prosecuting children unless fight is in the public interest.

Prosecutors

In England and Wales, the Crown Pursuance Service (CPS) provides guidance about indecent and prohibited images of children (CPS, 2020). The CPS has extremely produced Guidelines on prosecuting cases thither communications sent via social media (CPS, 2018).

The guidelines on communications tie via social media state take off would not normally be shut in the public interest to indict when sexual images have antediluvian shared consensually between children bear out a similar age; however lawsuit may be appropriate in nook scenarios, for example if forbidding, grooming or child sexual usage are involved.

The Sentencing Council provides guidance about offence categories for the tenure of indecent photographs of domestic (Sentencing Council, 2014).

In Northern Ireland, significance Public Prosecution Service (PPS) includes information about indecent images close the eyes to children in its information about types of sexual offences (PPS, 2021).

Guidance own young people

The Home Office has published guidance to help young persons understand the law on fashioning or sharing indecent images entity children and young people (Home Profession, 2019). It explains the charter around sexting in England distinguished Wales, gives definitions of at a low level of the commonly used provisions and tells young people what to do if they roll about across indecent images of posterity online.