33

Online Safety Act contains loophole failing to legislate against non-consensual intimate imagery possession.

Recommendation
The Online Safety Act, introduced in October 2023, was designed to ensure that people are protected from harmful online content, notably children and young people. The Act legislates the removal harmful content from social media platforms.77 As of 16 March 2025, service providers must have completed their risk assessments for illegal content which assessing the risk of users encountering illegal content or of the platforms being used to commit or facilitate an offence. DSIT is the sponsoring department for the Online Safety Act and is responsible for investigating how the design of online platforms can contribute to or mitigate such violence. DSIT has told us that the Online Safety Act will have a significant impact on tackling VAWG, as platform providers can be fined up to 10% of worldwide qualifying revenue.78 We asked DSIT about the decision to not legislate against the possession of NCII, while the creation of it, threat to share it, or sharing of it, are all illegal. We stressed our concern that this was a loophole that needed addressing. DSIT could not provide evidence of work it was doing to address this loophole, but said it intended to address to through consultation with the Home Office.79 77 Q 5 78 Q 54 79 Q 55 22
Government Response

A response document is linked to this report, dated 18 September 2025. Response attribution to this conclusion has not been verified. Read the response document.

Addressee Bodies
HM Treasury
Timeline
Recommendation age 1.3 yr
Report published 16 May 2025