Nadine Osman
MPs are calling for the possession of photos showing a Muslim woman without her hijab to be criminalised, arguing that such images should be classified as ‘non-consensual intimate images.’
In a report published on March 5, the Commons’ Women and Equalities Committee urged the Government to amend the Crime and Policing Bill to criminalise the possession of such images. If adopted, the law could take effect by the end of the year.
Currently, UK law defines ‘intimate’ images as those depicting nudity, sexual acts, or private activities such as using the lavatory. However, the committee contends that harm extends beyond explicit content.
“Abuse can also include material that is considered culturally intimate for the victim, such as a Muslim woman being pictured without her hijab,” the report stated, calling on the Government to expand the legal definition to include these instances.
The report emphasised that ‘non-consensual intimate image abuse’ is not always limited to sexually explicit content. “In some cultures, countries, or religions, sharing a photograph of someone without their religious clothing—or in a perceived inappropriate context—can have devastating consequences for the victim.”
Under the proposed legal changes, an intimate image would include depictions of individuals without their ‘particular attire of religious or cultural significance,’ taken in situations where they had a reasonable expectation of privacy.
While existing laws already criminalise the taking or creation of intimate images without consent, the committee highlighted a legal gap concerning possession. “The need to address possession … is so far unmet,” the report noted. However, Ministry of Justice minister Alex Davies-Jones cited previous recommendations from the Law Commission advising against criminalising possession, warning that a broad definition could lead to overcriminalisation.
Labour MP Sarah Owen, chair of the committee, stressed the urgency of closing this loophole. “Non-consensual intimate image abuse is a deeply personal crime that can have life-changing and even life-threatening consequences,” she stated.
“We welcome the Government’s proposals to criminalise the creation of such images, but a legal gap remains. The Government must take the next step and make possession an offence too. Only then can non-consensual intimate images receive the same legal treatment as child sexual abuse material.”
Photo: Labour MP Sarah Owen speaks out on closing legal gaps in non-consensual intimate image abuse, urging the Government to criminalise possession of such images.
(Credit: Roger Harris/UK Parliament)
