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The law and social media
Safer Internet Day 2015

The law and social media
By the end of the lesson I will:
• Understand the law on creating, distributing, receiving or
viewing sexual content via social media.
• Looked at ways in which I may break the law when using
social media
• Have explored ‘sexting’ and I will understand the negative
aspects of this and the law relating to it.

Why are we studying sexual images in social media?
• The internet allows us to access more sexual content than ever
before and this can appear to normalise explicit images and can
affect certain attitudes, values and beliefs.
• These images are also accessible at much younger ages, and it
is important to understand some of the emotional and
psychological effects of premature exposure to certain images.
• Sexual content is regulated by law – which is very complex – and
often young people do not understand how easy it is to break the
law by viewing, creating, displaying, sending and receiving
certain sexual content.

A popular culture?
• Adult sexual imagery is becoming more mainstream in our
culture, for example celebrity ‘sex tapes’, computer games and
music videos.
• This can seem to normalise the act of creating, receiving and
distributing sexual content ourselves.
• However, unike celebrities or models in music videos, whose
sexualised image is carefully constructed and managed, dealing
with sexual content ourselves on social media can have serious
consequences.

A sexualising culture?
• Sexualising in our culture is the imposition of adult sexuality on
children and young people before they are developmentally
mature enough to cope with it.
Source: UK Home Office, 2010
• Today we will explore how sexual images have become more
mainstream and look at some of the effects of premature access
to sexual content and the law relating to it.

Just a laugh or illegal?
The law and sexual content

The Law
Crimes involving child abuse images fall
under Section 1 of the Protection of Children
Act 1978, as amended by section 45 of the
Sexual Offences Act 2003 to extend the
definition of children from under 16s to under
18s. It is a crime to take, make, permit to
take, distribute, show,
possess, possess with intent to distribute, or
to advertise indecent photographs or pseudo-
photographs of any person below the age of
18.

Activity 1: Sexual Image Scenarios
• We are going to look at some scenarios concerning creating,
viewing and distributing sexual content. With each scenario we
are going to ask:
Whether what they are doing is legal or illegal.
• It is important to note that a minor or a child is anyone under 18
according to the law in England and Wales, despite 16 being the
age of consent for sex.

Scenario 1
• Connor is 13 and he quite likes looking at his 18-year-old
brother Keiron’s posters and magazines of naked women in his
room when he is out. One day Keiron catches him going
through his magazines, but instead of telling Connor off, Keiron
decides it’s about time his little brother knew more about sex.
• So Keiron gets out his laptop and shows Connor a quick porn
film. Connor liked watching it, it made him feel a bit funny and
embarrassed, but he’d definitely like to see more of that woman
and man having sex. Keiron is glad his little brother knows what
sex is really all about – that’s what older brothers do.

Scenario 1: Discussion
Is what they are doing illegal?

Scenario 1: The Law
• Keiron has broken the law by showing pornography to his
13-year-old brother.
• It is illegal to show pornography to children (under 16 years
of age).

Scenario 2
• Jamal and Maya are both 16 and have been going out for 6
months. They both got really drunk at a party and had sex in a
room full of other people. What they did not know was that
Jamal’s mate Clinton (also 16) filmed it on his phone, because
he thought it was hilarious.
• Clinton watched it back the next day – he could see everything
and it was so funny he sent it on to Stephen and Wesley (both
16), who also thought it was hilarious so they sent it on to their
mates. Everyone thought it was funny – the video is now on
Facebook and everyone they know has seen it.

Scenario 2: The Law
• Clinton has broken the law several times. Stephen and Wesley
have also broken the law. The people viewing the video on
Facebook are also breaking the law.
• Clinton broke the law by filming children under 18 having sex
without their consent (but it would still be illegal even if they had
consented). This is covered by the Sexual Offences Act 2003 and
the Criminal Justice Act 1998, and has a maximum imprisonment
of 7 years, plus if convicted he would be put on the sex
offenders register.

Scenario 2: The Law
• Clinton is also committing the criminal act of voyeurism by filming
them, and he is inciting and causing child pornography (sections
67 and 48 of the Sexual Offences Act 2003). Clinton could face 7
years imprisonment and if convicted would go on the Sex
Offenders register.
• When Stephen and Wesley put the video on Facebook or any
social networking site this constitutes publishing and distributing
child pornography. This carries a maximum sentence of 7 years
imprisonment and both Stephen and Wesley would be put on the
Sex Offenders Register if convicted.

Scenario 3
• Chloe has just turned 16. When she was 15 she posted a
topless photo of herself on Facebook because she wanted
to look sexy but Facebook removed it. Now she is going out
with Jon (aged 17) and he has asked her to pose topless again
for him.
• Chloe was really pleased, she likes doing this because it makes
her feel like a sexy celebrity and she has always been insecure
about her looks. Jon took some photos and he has sent a
couple to his mates back in Scotland, to show them his ‘fit’ new
girlfriend in London.

Scenario 3: The Law
• Both Chloe and Jon have broken the law several times.
• Chloe broke the law at age 15 as she had both possessed and distributed an
indecent image of a child (under 18 years) regardless of whether there was any
sexual content with another person. Even if it is a picture of herself, Chloe has
broken the law under The Protection of Children Act 1978 and the Sexual
Offences Act 2003 because a topless picture of a girl under 18 is an indecent
image of a child.
• Jon has broken those laws above several times as he has filmed or
photographed, possessed and distributed an indecent image of a child, regardless
of the fact Chloe is his girlfriend and wanted him to take the pictures.
• Jon could face a maximum of 7 years in prison and, if convicted, he would be put
on the sex offenders register – the same goes for his friends in Scotland if they
keep or distribute Chloe’s pictures.

Scenario 4
• Daryl is 14 and his friend Mike (also 14) has just Bluetoothed him some
more really gross porn, which Mike always does for a laugh. However,
Daryl thought these films were really disgusting this time.
• One woman was forced to do horrible things and she looked terrified of
the men in it, who were really violent towards her and she looked in
pain. Daryl thought this was all pretty grim, but he always forwards
Mike’s porn on to Tom and James and doesn’t want to look like a
prude, so he Bluetooths it over to them. Daryl feels quite bad about it.

Scenario 4: The Law
• Both Mike and Daryl have broken the law.
• The images are classed as ‘extreme pornography’, which refers to
pornography, including that involving life-threatening behaviour,
that is illegal under the Obscene Publications Act 1959.
• Possessing extreme pornography like Mike does carries a
maximum sentence of 3 years imprisonment.
• Distributing extreme pornography as Mike and Daryl have done
carries a maximum sentence of 5 years imprisonment.

Are you an accidental
outlaw?
Quiz

Sexting
‘Sexting’ and Safety

What is ‘Sexting’?
Sexting is defined as:
‘Exchange of sexual messages or images’ and
‘creating, sharing and forwarding sexually
suggestive nude or nearly nude images’ through
mobile phones and the internet.
Source: NSPCC (2010)

Sexting
NSPCC and Childline research:
• 60% of teenagers surveyed said they had been
asked for sexual images or videos
• 40% said they had created a sexual image or
video
From those who said they had created a sexual image/video:
• 25% said they had sent one to someone they
knew by text
• 33% said they had sent it to someone they
knew online but had never met
• 15% said they had sent it to a stranger
“a learning partnership valuing respect, personal best … and a spirit of fun”

Sexting
When asked
‘what is inappropriate to send?’
16% of young people questioned
said that it wasn’t inappropriate to
send a photo of somebody naked
“ respect, personal best … and a spirit of fun”

Sexting
• Young people increasingly see sexting as a
‘normal’ part of a relationship
• It gives them a feeling of intimacy with a
partner
• It is viewed as flirting or showing off
• It is done for a laugh or to feel sexy
“ pect, personal best … and a spirit of fun”

Sexting
Non-legal consequences
• Once sent the sender loses control
• It can be shown to others or posted on the
Internet
• It can cause a great deal of emotional and
reputational damage
• Some young people have taken their own
lives because they can’t deal with the
aftermath

Sexting
Legal consequences
• It doesn’t matter if they are a boy or girlfriend
• The person can be prosecuted and could be
required by law to register as a sex offender
Crimes involving child abuse images fall under Section 1 of
the Protection of Children Act 1978.
It is a crime to take, make, permit to take, distribute, show,
possess, possess with intent to distribute, or to advertise
indecent photographs or pseudo-photographs of any person
below the age of 18.

e-Safety Sexting Scenario

Some facts about ‘sexting’
• Threats come mostly from peers, not adults.
• Sexting is often coercive (young women can be tricked, forced, bullied or
persuaded to supply images of themselves).
• Girls are the most adversely affected (pressured into supplying sexual
images of selves, pressured to conform to dominant, racialised idea of
beauty/sexuality).
• Technology amplifies the problem.
• Sexting reveals wider sexual pressures (on sexual activity, dominant
ideas of gender, beauty, racialised beauty norms).
• Ever younger children affected (below year 8!)
Source: A qualitative study of children, young people and ‘Sexting’. NSPCC (2012)

Discussion points
• Why, and in what ways, might the threat of forced sexting come
mostly from peers?
• Why are girls targeted more? What are the safety issues for
young women?
• Why are very young children becoming affected? What might be
a consequence of this?

Possible answers to discussion points
• Young people are more likely to find that problematic sexts come
from peers. This is because we are now more aware of the
threats adults can pose to young people on social media, which
has lead to safety agencies concentrating on adult rather than
peer-to-peer behaviours.
• Young women are mostly targeted because sexting can be a form
of sexual bullying. Because of our sexualised culture young
women might think it is quite normal to be persuaded to take
suggestive pictures of themselves. This could have serious
emotional and psychological effects for the young woman
concerned, not to mention legal repercussions for those who
coerced her.

Possible answers to discussion points
• Younger children have greater access to technology, so it is
easier for them to receive sexual content. One consequence of
this is that young children may receive content that, because they
don’t understand it, could lead to developing problematic attitudes
about sex.

Online selves: creating our own image online
• Most people have an online identity.
• That identity is more constructed – we create and manage it,
using photos and other methods.
• Many people also model themselves on famous people, similar
to real life ways of creating an image.
• However, some images, photos and activities are inappropriate
and unsafe.
• Can you think of some? How do you know what is/is not
appropriate?

What is inappropriate online?
• Online and social media behaviour is regulated by the law, like
any other as we have seen.
• There are also rules about conducting ourselves online,
sometimes called ‘netiquette’ which means ‘Network etiquette’.

What is ‘netiquette’
• Etiquette in technology is the conduct that is socially acceptable
in an online or digital situation. While etiquette is ingrained into
culture, etiquette in technology is a fairly recent concept.
• Although certain rules have been established for correct
etiquette in everyday society, many people believe that current
users are not as well-mannered in etiquette for digital devices,
such as the computer or a cell phone.
Source: Wikipedia

Some ‘Netiquette’ rules
• Not posting or distributing material that is deemed illegal.
• Not using abusive or threatening language.
• Not coercing or bullying others to post or view indecent material.
• Not posting racist remarks regarding peoples sex, race or gender.
• Not trying to obtain or use someone else's password.
• Not trying to obtain personal information about someone.
Source: www.internetguide.com

Safer Internet Day 2015

Joanna and Sarah were walking home through the park
when they both received the same Whatsapp message.
They opened it to see an inappropriate picture of a girl in
their class, Rebecca. They were embarrassed to see it but
they didn’t know what to do as it was from a number they
didn’t know.
Then they received a follow-up message that said ‘If you
don’t forward this on to at least 4 people, I will tell everyone
you were the one who sent the photo of Rebecca’. Joanna
and Sarah were scared.
What should they do?

Instead of sending the photo on, what
should Joanna and Sarah do with the
message instead?
How can they support Rebecca in other
ways?
Talk to the person beside you to see what
they should do to help make the internet a
better place.

George is applying for a Saturday job and everyone at
school knows that he has a questionable online reputation.
He doesn’t have any privacy settings on his social
networking sites, such as Instagram and Facebook, and
most of his pictures are pretty incriminating.
Sometimes he even boasts on social media about how he
cheats in homework. George doesn’t think about his actions
online and doesn’t think it will have an effect on his life
offline.

How can you help George understand how his actions online can
affect his life offline?
Have you ever thought about your online reputation and how it can
affect your future?
Are you aware of your online reputation and the things you can do to
protect it?
Do you think it would ever prevent you from getting a job or college
place in the future?
How do you think George can create a better reputation online?

You are on Instagram and a photograph of Aysha
from school is being posted on many of your friend’s
Instagram profiles. The photograph of Aysha shows
her doing something a bit silly, and all your friends are
posting this photo with the hashtag #regram. All your
friends are re-posting this image and you feel a bit
pressured to the same on your Instagram profile.
What action should you take?
#

What action should you take?
What could happen if you share the
picture on?
If you decide not to ‘regram’ the
picture, what else could you do to
help and support Aysha?

Activity: Our class ‘netiquette’ and social media rules
• Now we are going to compile our own set of rules in relation to
sexual content, to abide by when using social media.
• With each rule, also add the potential negative effects that could
result if the rule is not adhered to.
• The rules can then be kept displayed in the classroom for
future reference.

Helpful sites to help you stay safe while online and social networking
• http://www.thinkuknow.co.uk/
• http://webarchive.nationalarchives.gov.uk/20121015000000/http://www.direct.gov.uk/en/You
ngPeople/CrimeAndJustice/KeepingSafe/DG_10027670
• http://webarchive.nationalarchives.gov.uk/20121015000000/http://www.direct.gov.uk/en/You
ngPeople/HealthAndRelationships/Bullying/DG_070501
• http://www.chatdanger.com/chat/safetyadvice.aspx
• http://www.bullying.co.uk/index.php/young-people/cyberbullying/safety-tips-for-bebo-
facebook-myspace-and-youtube.html

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