Image-based
sexual violence
What is image-based sexual violence?
Image-Based Sexual Violence (IBSV) refers to the following behaviours, without the person's consent
Taking intimate images*
Distributing, sharing and circulating intimate images, including non-consensual distribution of consensually taken images or videos
Threatening or blackmailing the distribution of intimate images, including images taken with or without consent
Sexualised photoshopping (i.e., superimposing an individual's head or body part onto a pornographic image, such that it looks as if that individual is engaged in the pornographic activity)
Sending or displaying intimate images
*An 'intimate image' means an image that shows the person's genital or anal area, and in the case of a female person, or transgender or intersex person identifying as female, the breasts of the person, whether bare or covered by underwear
Common examples
Secretly filming victims changing clothes or victims in showers
Upskirting
Filming sexual intercourse without the person's knowledge
Coercing individuals to perform sexual act and filming it
Uploading intimate images to online forums, sharing on social media and distributing to friends
Sexual extortion/sextortion: Ex-partner threatening to upload sex videos onto pornography sites in order to make up with the victim, or to extort sexual favours from the victim
Blackmailing the victim by superimposing the victim's face onto pornographic photos or video footages
Photographers disseminating, without consent, photos of private shooting to online forums
Sending unsolicited explicit images of one's own genital to others
Hacking into cloud storage space to obtain intimate images
Myths about image-based sexual violence
I can't say no to the distribution of intimate images, if I consented to the taking of such pictures in the first place?
You have the right to decide who can view your intimate images. Even if you have previously consented to the taking of intimate images, it does not directly establish the consent to their disclosure. Separate consent is needed. Displaying your intimate images to others without your consent already amounts to image-based sexual violence.
As long as we don't wear skirts, there won't be 'upskirting' anymore.
Everyone has their right to choose what to wear. Blaming the victim and attributing the cause to how the victim dresses is a rationalisation of the acts of covert filming. It is necessary to put right the perpetrator's thoughts and behaviours to truly resolve the problem. If we can all respect body boundaries and others' consents, there will be no 'upskirting'.
It's just a picture – no big deal.
'Take it easy! It's just a picture' - this is a very common belief. But think twice: if we don't even want others to see our hideous pictures, why is it fine to tolerate our intimate images being distributed and shown to others? Once the intimate images are disseminated online, there are numerous possibilities of them being forwarded, copied, shared and downloaded. The impact of having nude photo or sex video disseminated online can therefore go far beyond our imagination.
As a bystander, I can't really do anything.
First of all, we have to respect others' body boundaries and consents, and not to be a perpetrator ourselves. Besides, when witnessing image-based sexual violence, we can and should stand up against it, instead of being indifferent. In addition, by not blaming the victim, you actually help avoid inflicting further harm to them
Related laws
Specific Offences
The Crimes (Amendment) Bill 2021 comes into effect on 8 October 2021, establishing the following offences that tackle a range of image-based sexual violence behaviours.
| Behaviour | Legislation |
|---|---|
| Surreptitiously observing or recording an intimate part or of an intimate act without consent in circumstances that reasonable privacy is expected | Voyeurism Crimes Ordinance Part XIIAA s159AAB |
| 'Upskirting' or 'down-blousing' in public | Unlawful recording or observation of intimate parts Crimes Ordinance Part XIIAA s159AAC |
Distributing images that are originated from the behaviours above |
Publication of images originating from commission of offence under voyeurism and unlawful recording or observation of intimate parts Crimes Ordinance Part XIIAA s159AAD |
| Distributing one's intimate images, no matter consent was given or not for the recording | Publication or threatened publication of intimate images without consent Crimes Ordinance Part XIIAA s159AAE |
| Threatening to distribute one's intimate images, no matter consent was given or not for the recording | Publication or threatened publication of intimate images without consent Crimes Ordinance Part XIIAA s159AAE |
| Distributing or threatening to distribute superimposed images that show one's intimate part or doing intimate act | Publication or threatened publication of intimate images without consent Crimes Ordinance Part XIIAA s159AAE |
The maximum penalties for the above offences are 5-year imprisonment.
The legislation also empowers the magistrate to order deletion and removal of the involved intimate images.
Other Offences
These following legislations may also cover acts of image-based sexual violence:
| Behaviour | Legislation |
|---|---|
| Possess, distribute, circulate, print, reproduce, copy, sell child pornography | Prevention of Child Pornography Ordinance Section 3: Offences relating to child pornography |
| Possess, publish, import or publicly display obscene and indecent articles involving adults | Control of Obscene and Indecent Articles Ordinance Section 21: Prohibition on publishing obscene articles; and Section 23: Prohibition on display of indecent matter |
Peeping/covert filming in public places Examples: Upskirting; secretly filming others in the toilets, changing clothes, breastfeeding, or performing other private acts |
1. Public Order Ordinance section 17B(2): Disorder in public places 2. Crimes Ordinance section 160(3): Loitering causing concern 3. Common law offence Acts outraging public decency |
| Threatening to distribute intimate images | Crimes Ordinance Section 24: Criminal intimidation |
| Blackmailing for money with intimate images | Theft Ordinance Section 23: Blackmail |
| Using intimate images to force further sexual practices | Crimes Ordinance Section 119: Procuring another person to do an unlawful sexual act by threats |
Sex Discrimination Ordinance
Image-based sexual violence behaviours might amount to sexual harassment. According to Sex Discrimination Ordinance (SDO), sexual harassment means that a person makes an unwelcome conduct of a sexual nature to another person, makes an an unwelcome request for sexual favours and talks about issues of a sexual nature. It also amounts to sexual harassment if a person finds the environment sexually hostile and intimidating. However, SDO only applies to certain prescribed areas of activities, such as, employment, education, provision of goods, services and/or facilities.
Law reform advocacy
In August 2018, the Association Concerning Sexual Violence Against Women (ACSVAW) published a proposal entitled 'Establishing Specific Offences to Criminalize 'Upskirting' Acts'. The Law Reform Commission adopted the recommendations of ACSVAW and other women concern groups to criminalise the act of 'upskirting' as a specific offence. The Commission recommends, in its report on 'Voyeurism and Non-consensual Upskirt-Photography' published on 30 April 2019, the introduction of the offences of voyeurism and non-consensual upskirt-photography along the lines of the English Sexual Offences Act 2003.
On 18 July 2020, the Security Bureau published the consultation paper on the 'Proposed Introduction of Offences of Voyeurism, Intimate Prying, Non-consensual Photography of Intimate Parts, and Related Offences'.
In January 2021, the consultation was concluded with a legislative proposals. However, the proposal does not criminalise 'down-blousing' and 'blackmailing, and/or threatening to share intimate images'. The offence on non-consensual distribution is also not included in the Sexual Conviction Record Check under this proposal. In March, the government gazetted and introduced the bill on 'Voyeurism, Non-consensual Recording of Intimate Parts and Related Image Publication Offences' to LegCo for First and Second Readings, the bill has taken in many survivors and the Association recommendations in criminalising 'down-blousing' and 'threats to share'. In the Bill Committee meeting in June, the government has positively responded to our submission and expand the definition of intimate image to cover superimposed intimate images (e.g. 'Deepfake pornography'). In August, the government has further responded to the opinions submitted by us and victim-survivors to include a new section in the legislation to mandate the Court to grand 'Disposal Order' on image removal and take-down.
In September 2021, the Crime (Amendment) Bill 2021 has passed in the LegCo with the following offences:
- 'Voyeurism' － Observing or recording a subject individual engaged in an intimate act without consent
- 'Non-consensual recording of intimate parts' － 'Upskirting' & 'down-blousing'
- 'Publication of images originating from commission of offences above' － Distributing intimate images obtained from 'Voyeurism' and 'Non-consensual recording of intimate parts'
- 'Publication or threatened publication of intimate images without consent' － Threatened distribution or non-consensual distribution of intimate images, no matter consent was given or not for the recording of such intimate images. On threatened publication, it does not matter if the perpetrator is incapable in publishing the image, e.g. the image does not exist.
(The maximum penalty is 5 years of imprisonment for above offences)
The offences of 'voyeurism' and 'Non-consensual recording of intimate parts' are included in the Sexual Conviction Record Check (SCRC) administrative scheme. The other two offences on non-consensual publication and threatened publication will not be included in the scheme.
The Association remains concerned whether the disinterest and inadequate responses faced by survivors when they report to police will see improvement following the new legislation. We will be paying close attention to the enforcement of these offences in reporting & judicial procedures and continue to advocate for comprehensive protection to victim-survivors.
Our Work
Project Treehole: Voices of the Survivors
Our society tends to blame the survivor when sexual violence occurs. People blame the victims for what they wore and for not having resisted, while completely turning a blind eye to the perpetrators' behaviours. Because of such attitude, survivors would rather suffer alone, than to talk to other people about their experiences and feelings.
Project Treehole collects stories and voices of the survivors. We invite you to put yourself in the victims’ shoes, and be part of what they have been through.
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