Legal Q&A: What is sexting?

A child may send or generate these images or messages due to peer pressure; feeling pressured to sext as a way of proving their sexuality; as a result of harassment, threats or blackmail; or to seek someone's approval. Once a message or image has been shared, the sender has no control about how it is used and sexting can leave a child vulnerable to bullying, blackmail, online grooming or abuse.

Is sexting a criminal offence?

Under the Protection of Children Act 1978 (England and Wales) as amended in the Sexual Offences Act 2003 (England and Wales), making, possessing and distributing any imagery of someone under 18 which is "indecent" is illegal. This includes imagery of yourself if you are under 18.

However, the National Police Chiefs Council has made clear that incidents involving youth-produced sexual imagery should primarily be treated as safeguarding issues. Since 2016 police in England and Wales can record that a crime has happened but that it was not considered to be in the public interest to take formal criminal justice action under "outcome 21". This may be a good solution in cases where a young person's sexting was not abusive or persistent or there was no evidence of exploitation, grooming, profit motive or malicious intent.

What can a school do if sexting has occurred?

Keeping Children Safe in Education statutory guidance states that all schools should have an effective safeguarding policy that covers youth-produced sexual imagery and a school's approach to it. The UK Council for Internet Safety Education Group has published Advice for Schools and Colleges on Responding to Sexting Incidents stating that all sexting incidents should be reported to the Designated Safeguarding Lead and if at any point in the process there is a concern a young person has been harmed or is at risk of harm a referral should be made to children's social care and/or the police immediately. Government guidance Searching, Screening and Confiscation 2018 states that schools have the power to search pupils for devices, search data on devices and delete any indecent images.

www.childrenslegalcentre.com