In a Nutshell: Legal implications of sexting among children

What is sexting?

Sexting means sending indecent images (pictures and/or videos) or sending sexually explicit messages to others. Sexting can involve any electronic device that allows sharing of media and messages including smartphones, tablets, laptops or mobiles.

What does the law say?

In the UK, the age of consent for sexual intercourse is 16. However, it is an offence to make, distribute, possess or show any indecent images of anyone aged under 18, even if the content was created with the consent of that young person. The law is contained in Protection of Children Act 1978, section 1.

Examples include:

• A child (under 18) shares a sexual image with their peer (also under 18)
• A child (under 18) shares a sexual image created by another child with a peer or an adult
• A child (under 18) is in possession of a sexual image created by a child (under 18).

"Indecent" means, for example:

• naked pictures
• topless pictures of a girl
• pictures of genitals
• sex acts including masturbation
• sexual pictures in underwear.

The police have said that sexting by children will primarily be considered as a safeguarding issue. The police must, by law, record all sexting incidents on their crime system but as of January 2016, they can decide not to take further action against the young person if it is not in the public interest. This will be at the discretion of the police. The Crown Prosecution Service has recommended that sexting should not be the subject of a police investigation if it involves children of a similar age in a relationship.

What can a school do if sexting has occurred?

The government has issued statutory guidance to schools entitled Keeping Children Safe in Education 2016 which states that all incidents of sexting should be referred to the designated safeguarding lead and an investigation carried out with the full involvement of the young person and their parents.

The school may refer the matter to the police and/or children's services if the child has been harmed or is at risk of harm.

The government has also produced departmental advice entitled Searching, Screening and Confiscation 2015, which states that schools have the power to search pupils for devices, search data on devices and delete any indecent images.

The UK Council for Child Internet Safety has also issued advice for schools on developing procedures for responding to sexting incidents.

The Internet Watch Foundation can search for explicit images or videos of a child and remove them.

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Legal Update is produced in association with experts at Coram Children's Legal Centre www.childrenslegalcentre.com

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