Improving protections in the justice system for women and girls: consultation

Online and technology-facilitated harm

The issues

This section seeks views on new laws relating to intimate images in terms of the creating of artificial intimate images of someone using software - often referred to as “deepfake” intimate images - and the tools used to create such images. The section also discusses, in general terms, long-standing existing image laws and gives an opportunity for views to be offered. Finally, this section seeks views on additional steps to be considered in addressing online and technology-facilitated harm experienced by women and girls.

The harm caused to women and girls

The United Nations has published information on information on technology-facilitated violence against women and girls. Such conduct can be thought of as “any act that is committed, assisted, aggravated or amplified by the use of information and communications technology or other digital tools, that results in or is likely to result in physical, sexual, psychological, social, political or economic harm, or other infringements of rights and freedoms”.

While the online environment and new digital technologies continue to bring many benefits for people, it has all too often become a place where many people feel uncomfortable and uneasy, and can be threatened or abused. Steps to reduce and eliminate harm that can arise online must be prioritised, especially protections for women and girls in an online space where abuse and misogyny is rife. Real strides have been made to ensure that women and girls can be equally safe, but much more must be done.

Violence against women and girls is evolving. Tools that can be used evolve, and the rapid evolution of technology creates new tools for abuse.

Research from Girlguiding UK indicates young women and girls take measures to stay safe online, with 92% of girls and young women aged 11-21 saying they’ve taken at least one action to enhance their safety.

Estimates of prevalence rates vary. A representative survey by the Open University in 2023 reported an overall prevalence rate of online abuse of 17% of women in Scotland. More recent Scottish Government polling data (Public Insights Monitor, 2025) found that almost two in five women have experienced online abuse (38%), rising to more than half of 18–44-year-olds (55%). The most common forms of online abuse were text-based abuse, such as sexually explicit and inappropriate messages (20%), online misogyny (18%) and cyberflashing (14%). Other forms of abuse such as upskirting, catfishing, non-consensual sharing of intimate images, and online stalking and bullying were experienced by 4-8% of female respondents. Witnessing online abuse of women is very common among younger people, with 69% of women and 82% of men aged 18-34 witnessing online abuse (commonly sexual harassment, inappropriate comments and misogyny).

There are wide-reaching impacts from such harm. It can have direct severe negative impacts on the health, wellbeing and civic participation of women and girls. This can include significant psychological, physical, economic and political and social impacts.

However, it is the insidious indirect harm that arises that can all too quickly be downplayed or forgotten.

The harm arising from online abuse and harassment towards women and girls limits women’s and girls’ ability to take part in online spaces, to learn, to voice their opinions, to socialise and even to do their jobs.

The Equally Safe strategy focuses on technology-facilitated violence against women and girls as being both a cause and a consequence of gender inequality. Women’s unequal position in society is reflected by such harmful behaviour by men and that, in turn, increases inequality by limiting the freedom, choices and opportunities of women and girls.

The context of the issue being raised

The UK Government has recently taken steps to introduce new offences designed to address the harm caused by intimate image abuse.

There is a new offence of possession and publication of pornographic images that depict acts of strangulation or suffocation in a manner which is realistic and explicit, which is being extended to Scotland through the UK Government Crime and Policing Bill. This offence was tabled in late 2025 as amendments to the Crime and Policing Bill and is part of a number of offences – some of which are discussed below – that are designed to respond to the challenges of new technology capable of being used to commit acts of abuse and harm through manipulation of images of women and girls.

More generally, the measures discussed below are intended to add to existing routes to better hold people - disproportionately likely to be men - to account for behaviour online that can harm women and girls.

There is a focus on how images can be shared, manipulated and distributed through the increasingly sophisticated tools available that simply did not exist even a decade ago.

The use of the criminal law is one essential part of the overall approach to deal with online harm. Alongside the direct enforcement options new criminal offences introduce, the Online Safety Act 2023 gave powers to Ofcom to regulate what online service providers allow to appear online in the first place and to require swift action to remove relevant harmful content that may appear.

By engaging with the UK Government to ensure any new offences proposed below become priority offences for the purposes of the 2023 Act (to unlock these Ofcom regulatory powers), this combination of direct criminal law enforcement and Ofcom regulatory enforcement has the potential to make a significant difference in reducing online harm for women and girls

In addition, assessing how existing laws operate effectively in holding perpetrators to account is important, including laws developed some time prior to the emergence of the internet and mobile and smart devices.

Creating, or requesting the creation of, purported intimate image of adult offences (intimate image deepfakes)

Current law

It is currently a criminal offence to disclose, or threaten to disclose, an intimate photograph or film (the intimate images offence) where this is done either for the purpose of causing fear, alarm or distress to the person(s) featured in the image, or the perpetrator is reckless as to whether doing so would be likely to cause them fear, alarm or distress. This is contained in section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.

The offence covers both images that show a person in an intimate situation and images that appear to show a person in an intimate situation. It was approached in this way so as to cover images that have been, for example, digitally manipulated so as to appear to depict someone in an intimate situation, even though the original image does not.

This means it is an offence to disclose, or threaten to disclose, what are often described as “deepfake” images as long as the other requirements of the intimate images offence are met.

The intimate images offence exists to respond to behaviour that is cruel and degrading, and can cause fear and alarm. It is behaviour often committed by men in abusive and manipulative ways to seek to control women and girls.

Since the intimate images offence was introduced in 2017, it has been used to hold perpetrators to account. In 2024-25, the Recorded Crime in Scotland publication indicated 770 recorded intimate image offences. In England and Wales, an intimate images offence also operates.

More recently however, in the Data (Use and Access) Act 2025 (the 2025 Act), the UK Government legislated for a new offence of creating a purported intimate image of an adult without their consent and a new offence of requesting the creation of such an image.

The operation of the offence to cover requesting the creation of such images is intended to avoid a situation where people could escape criminal liability by asking someone in a jurisdiction not covered by such laws to make the image for them (something that would be easy to do using the internet).

It should be noted the offences do not extend to images of children as the making/creating of indecent images of children has been criminal under section 52 of the Civic Government (Scotland) Act 1982 for many years.

Neither of these new offences developed for England and Wales extend to Scotland.

Key considerations

Given the existing intimate images offence operates in Scotland, it is considered helpful for these new offences relating to the creation (the creation offence), or requesting the creation (requesting creation offence), of intimate images to be considered for Scotland.

The criminal law needs to adapt to the new ways in which forms of misogynistic abuse target women and girls. Where technology advances, it should not be acceptable to use new tools to manipulate images to give an appearance of a person in an intimate state. By focusing on the creation of such images rather than the disclosing or threats to disclose such images, this can help make clear how such behaviour is unacceptable, as well as helping to reduce demand for tools that can be used to create such images (which may then go on to be shared).

These two new offences will be informed by the approach taken for the relevant offences in the 2025 Act.

As such, it is proposed the creation offence may be committed in circumstances where a person (A) intentionally creates a purported intimate image of person (B) that B does not consent to and A does not reasonably believe that B consents.

For the above, a purported intimate image of a person means an image that appears to be (or include) a photograph or film of the person, appears to be of an adult and appears to show the person in an intimate state.

It is proposed the requesting creation offence may be committed in two different sets of circumstances.

First, where a person (A) intentionally requests the creation of a purported intimate image of person (B) (either in general or specific terms) where B does not consent to and A does not reasonably believe that B consents.

Second, where a person (A) intentionally requests that, if a purported intimate image of another person (B) is created, it includes or excludes something in particular (whether relating to B’s appearance, the intimate state in which B is shown or anything else) where B does not consent to A requesting the inclusion or exclusion of that thing, and A does not reasonably believe that B consents.

The exact and full details of how offences will be developed informed by views offered on the principle of whether to create new offences in this area. These further details will include any necessary defences and safeguards to the operation of the offences.

Scottish Government view

We propose introducing a new creation offence and a new requesting the creation offence.

Question 12: Do you agree with the Scottish Government proposal for a creation offence?

Question 13: Do you agree with the proposal for a requesting creation offence?

Production, supply and the offering to supply intimate image generators offence

Current law

Alongside the proposed new offences relating to creation of intimate image deepfakes and in the context of existing wider intimate image laws, it is clear it is necessary to focus on the tools that can be used to carry out this harmful behaviour.

These tools are often referred to as “nudify apps” and make use of artificial intelligence (AI) technology to generate intimate images without consent, with a disproportionate impact on women and girls. The increasing availability of these tools to facilitate behaviour that exploits victims is embedding a toxic online environment for too many people, in particular for women and girls.

Key considerations

We propose to criminalise the production, supply and the offering to supply of digital tools and services designed solely or principally to generate intimate images and videos. This would include as a subset of these tools any which are designed specifically to create non-consensual intimate images.

The tools create an easily available route for people to create such harmful intimate images and with the evolution of artificial intelligence (AI), the need to have access to a victim (for example, through a relationship) in order to obtain intimate images is now significantly reduced. This is because such tools do not require original images that either are or are close to intimate images and as such, this has greatly reduced the barrier of entry to intimate images offences.

The focus will be on criminalising the making, adapting, supplying or offering to supply what can be described as an intimate images generator. Such a generator enables a person to create purported intimate images of a person.

The full details of an offence will be developed informed by views offered on the principle of whether to create a new offence in this area. These further details will include any necessary defences and safeguards to the operation of the offence.

Scottish Government view

We propose introducing a new production, supply and the offering to supply intimate image generators offence.

Question 14: Do you agree with the proposal for a new production, supply and offering to supply offence?

General criminal law relating to technology-facilitated and online harm

Current law

Separate to the proposed new offences discussed above, there is a range of different criminal offences that can be used to prosecute the online harassment and abuse of women and girls and other forms of technology-facilitated harms.

For example, harassment and abuse, whether it occurs in an online environment or otherwise, can be prosecuted using offences such as breach of the peace, stalking and threatening or abusive behaviour. There are also offences at section 127 of the Communications Act 2003 that can be used specifically to deal with abusive communications sent using the internet.

There is also a range of offences that deal with image-based offending, the majority of which is now committed in an online environment. These include offences concerning the possession, production, distribution, publication or creation of indecent images of children; the offence of possession of extreme pornographic materials; and the existing offence concerning sharing of intimate images. Provisions currently contained in the UK Crime and Policing Bill will, if enacted, criminalise the possession of pornographic images of strangulation or suffocation.

Key considerations

These laws often pre-date current technology, with some dating back to before the common use of the internet was envisaged. In evidence provided to the Scottish Parliament’s Criminal Justice Committee, Police Scotland suggested there may be value in reviewing the law to ensure it remains effective in light of technological and societal changes in the decades since it came into effect.

Set against this, there does not appear to be anything about the ways that offences of threatening or abusive behaviour, stalking or abuse of a partner or ex-partner are committed in an online environment that would require new criminal laws to address issues that do not arise when these offences are committed in an offline context.

While the Scottish Government is not aware of specific problems that have arisen as a result of the fact that many laws were drafted before the internet and other technological advances changed the ways in which image-based offences are typically committed (aside from the specific proposals for legislative reform covered in this consultation), we recognise the need for legislation to keep apace with technological developments and victim experiences.

Scottish Government view

It appears that, in practice, while many of the laws used to prosecute online harms pre-date the widespread use of the internet, smartphones and digital cameras, the legislative framework has proven sufficiently flexible to be able to hold perpetrators effectively to account. However, the Scottish Government is of the view that legislation should remain under review and be able to respond to new and emerging forms of abuse and technological developments where there is a clear need.

We are interested in any proposals for legislative reform to address gaps that consultees consider may exist in the current legislative framework, specifically to address online and technology related harms.

Question 15: Do you consider that there are any specific changes to the current criminal law that would improve how the justice system is able to respond to technology-facilitated and online harms?

Further steps that could be considered to address online and technology related harm

Significant work is already being progressed to better understand the extent to which the existing legal framework is best able to respond to the changing nature of criminal activity online, recognising that legislation alone will not deliver the cultural and societal changes needed to tackle the root causes of violence against women and girls.

This is happening at a domestic, UK and international level. As such some of the areas explored within this consultation document should be considered in the context of a broader spectrum of policy work and not in isolation from the strategic aims of Equally Safe.

Question 16: Do you have any views to offer on further steps to reduce online and technology-facilitated harm?