Insufficient Legal Protection on 'Threats to Share Intimate Images', ACSVAW New 'Take-Down Assistance' Supports Survivors to Make Removal Requests

On International Women's Day (8th March), the Association Concerning Sexual Violence Against Women (the Association) announces 'Take-Down Assistance' ('Ta-DA'), a new service to assist victim-survivors of non-consensual distribution of intimate images to request online platforms for removal and related follow up. The Association, in the meantime, calls for the government to act proactively in safeguarding rights of victim-survivors that have experienced any forms of image-based sexual abuse, particularly to cover threats to sharing intimate images in the on-going legislative work on 'Voyeurism, and non-consensual photography of intimate parts, and related offences'.

'By launching the new "Take-Down Assistance" service on International Women's Day, we wish to promote awareness on the intersecting existence of violence against women in the physical world as well as online space. Harassment, discrimination, threat, image-based sexual abuse, etc are all behaviours that make internet very far from being a safe space for women,' said Linda S.Y. Wong, Executive Director of the Association Concerning Sexual Violence Against Women.

In 2020, cases with image-based sexual abuse elements received at the Association surged to 133. Victim-survivors described reporting to police as unhelpful under current legislation, and many wish the image shared without their consent to be taken down from the internet but have found contacting these platforms very difficult. The Association therefore launches this specialised 'Take-Down Assistance' service. 'Although the new "Take-Down Assistance" service cannot guarantee the image will be taken down, the service has been in on-going contact with different online platforms on the topic of image-based sexual abuse, and has established contact windows with a variety of platforms and related support organisations overseas. We also hope that this all-gender-friendly service can reduce re-traumatisation in the process for survivors by making the contact on their behalf.' said Linda Wong

Apart from supporting victim-survivors of non-consensual distribution through 'Take-Down Assistance', the Association is also very concerned with those experiencing threats to share. 'The behaviours of non-consensual recording, non-consensual distribution, and threatening to distribute are within the continuum of image-based sexual abuse, said Jacey Kan, Advocacy Officer of Association Concerning Sexual Violence Against Women. 'These behaviours violate the survivor's rights to sexual autonomy, and are often perpetrated continuously against the survivors to intimidate, dominate, and harass. For example, some perpetrators would harass and threaten survivors for an extended period before actually distributing these images online. Although the images have not been shared at this stage, these survivors have already been through severe distress.'

Following the consultation on 'Proposed Introduction of Offences of Voyeurism, Intimate Prying, Non-consensual Photography of Intimate Parts, and Related Offences' held between July and October last year, the Security Bureau introduced its final legislative proposal to the Panel on Security of Legislative Council. The proposal, however, failed to address many submissions from the public to criminalise the act of threatening to share intimate images. The bureau responded that current criminal intimidation, and blackmail would be sufficient in handling such harmful acts. However, cases received at the Association, along with many other survivors, shared that current legal response is clearly ineffective to safeguard victim-survivors, and is often resulting in more traumas done against them.

Ms A is a survivor threatened by her ex-boyfriend following attempts to separate with him last year. She received a hyperlink to a cloud-based folder that includes private images that depict her through a messaging app, along with texts that mentioned 'I have got everything ready' and 'I will have fun with them slowly'. Ms A reported her case to police, but was then told that these texts were too weak for prosecuting with criminal intimidation. Although the perpetrator was invited to the police station to assist in the investigation, he was not arrested. The case was then left in a prolonged investigation period.

'I expected making a report could help stop this kind of threats, but not only it couldn't it also sent my ex-boyfriend a signal that what he did is allowed by the law,' said Ms A. 'I have become very unwilling to meet people following the incident, because I wouldn't know if these images are uploaded and viewed online. I feel like people would stare at me because of these images when I am in public,' said Ms A, who is very distressed by her ex-boyfriend's behaviours as all the intimate images continue to be accessible on the cloud-based folder through the hyperlink. ‘The scariest part is knowing that I might have to live with this fear for the rest of my life, I have thought of ending my life so the incident can be over.'

'Ms A's experience is not an isolated incident, image-based sexual abuse cases that involve the element of threats often cause extended trauma on its victims with symptoms like anxiety and flashbacks. Many survivors also told us that the incident and responses from people around has led to tremendous self-blame, and even triggered suicidal thoughts' said Linda S.Y. Wong.

Scotland and Singapore have established 'distribution and threats to distribute' as specific offences in 2017 and 2020 respectively, both governments have pointed out that the harms done by threats to share are not less than actual distribution, and the two behaviours are closely intertwined, therefore criminalising both behaviours by the same ordinance. In England and Wales, a law reform consultation and an amendment to domestic abuse legislation have begun to patch the loophole in current offences, and further cover threats to share. The Association urges the Security Bureau to take reference from these legislative models highlighted above to expand its proposal and provide holistic protection for victim-survivors of image-based sexual abuse.

'Ta-DA － Take-Down Assistance': rainlily.org.hk/tada
RainLily Sexual Violence Helpline: 2375 5322