A new report by the Women and Equalities Committee (WEC) has proposed that owning non-consensual photos of a Muslim woman without her hijab should be a criminal offence.

The committee recommends that possession of non-consensual intimate images (NCII) should be treated similarly to child sexual abuse material (CSAM) under the law.

They’ve called on the Government to expand the legal definition of non-consensual intimate images to include material considered “culturally intimate” for the victim, such as images of a Muslim woman without her hijab.

While the Online Safety Act (OSA) currently defines an intimate state as engaging in a sexual act, partial nudity, or toileting, the committee argues that NCII abuse should also encompass culturally intimate material.

Not surprisingly, extreme right-wing personalities and media are up in arms about the suggestion, which will effectively give Muslim women the same protections against non-consensual photography that other women would have.

“The Government should bring forward amendments to the Crime and Policing Bill to make possession of non-consensual intimate images an offense,” says the report.

It adds: “While the Online Safety Act (OSA) defines an intimate state as engaging in a sexual act, (partial) nudity or toileting, NCII abuse can also include material that is considered “culturally intimate” for the victim, such as a Muslim woman being pictured without her hijab. The Government should expand the legal definition to include such images.”

Non-consensual intimate image abuse

The report said non-consensual intimate image abuse is not always limited to sexually explicit content. “For example, in some cultures, countries, or religions, sharing a photograph of someone without their religious clothing—or with their arm around another person—can be disastrous for the victim,” it said.

The recommendation in the report says the Government should extend the legal definition of an intimate image to include images where “because of the person’s religious or cultural background, the person commonly wears particular attire of religious or cultural significance when in public; and the material depicts, or appears to depict, the person: (a) without that attire; and (b) in circumstances in which an ordinary reasonable person would reasonably expect to be afforded privacy”.

The committee’s chairman Sarah Owen said: “Non-consensual intimate image abuse is a deeply personal crime which can have life-changing and life-threatening consequences.

“We welcome the Government’s proposals to make creating non-consensual intimate images an offence, but a legal gap remains.

“NCII can circulate online years after the image was first posted. While many sites will eventually remove the content when prompted, around 10% do not.

“The Government should bring forward amendments to the Crime and Policing Bill to make possession as well as the creation … an offence.

“This ensures non-consensual intimate images receives the same legal treatment as child sexual abuse material.”