Changing the law on intimate image abuse: a new paradigm for image-based domestic abuse

Welsh, K ORCID: https://orcid.org/0000-0003-3543-4637, 2025. Changing the law on intimate image abuse: a new paradigm for image-based domestic abuse. Journal of Criminal Law, 89 (2), pp. 63-77. ISSN 0022-0183

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Abstract

Whilst the disclosure of private sexual images without consent was first criminalised by s. 33 of the Crime and Courts Act 2015, there remain significant gaps in the legislative framework. This is particularly true in relation to 'image-based domestic abuse' and there are important barriers to legislative intervention when intimate imagery is disclosed as a tool of coercion in domestically abusive and controlling relationships. The Online Safety Act which, in October 2023, finally completed its painfully slow journey through Parliament, promises to plug these legislative gaps by implementing recommendations from the Law Commission, set out in its recent project on the Taking, Making and Sharing of Intimate Images. This paper examines its provisions in this regard, exploring whether and how the Act will improve the legislative landscape. It concludes that, in setting out an improved but not comprehensive, new offence framework, the Act will, in fact, confuse and complicate this landscape, frustrating the response that women experiencing image-based domestic abuse will receive from the criminal law and justice system.

Item Type:	Journal article
Publication Title:	Journal of Criminal Law
Creators:	Welsh, K.
Publisher:	SAGE Publications
Date:	April 2025
Volume:	89
Number:	2
ISSN:	0022-0183
Identifiers:	Number Type 10.1177/00220183251329179 DOI 1913957 Other
Rights:	Reuse is restricted to non-commercial and no derivative uses.
Divisions:	Schools > Nottingham Law School
Record created by:	Laura Borcherds
Date Added:	13 Jan 2026 13:49
Last Modified:	13 Jan 2026 13:49
URI:	https://irep.ntu.ac.uk/id/eprint/55029

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