Non-Consensual Intimate Images & Purported Intimate Images Criminalised
Non-consensual intimate image abuse, often linked to revenge porn, occurs when intimate content is shared, or threatened to be shared, produced, or reproduced without consent.
In practice, this may involve images or videos that appear to show an adult naked or engaged in sexual activity, even where the image has been AI generated, edited or otherwise not genuine (‘deepfake’ images).
In a previous article entitled, AI Generated Indecent Images | New Legislation, we explained what is meant by a pseudo‑photograph or image, highlighted the increasing use of Artificial Intelligence (AI) tools to generate child sexual abuse images, and referred to the Government’s anticipated legislation to prevent AI from being used to create such material.
The Government’s concerns, supported by widespread public criticism following allegations that the Grok AI tool, operated by Elon Musk’s X, generated numerous partially nudified images of individuals, including women and children, resulted in the regulator Ofcom launching a formal investigation.
Parliament has now responded by introducing legislation specifically targeting not only those who create AI generated or ‘deepfake’ intimate images, but also those who request their creation.
Helen Holder a Partner at KANGS explains the new criminal offences.
What is a Purported Intimate Image?
The Data (Use and Access) Act 2025 (‘the Act’), which extends the Sexual Offences Act 2003, provides that a ‘Purported intimate image’ of a person means an image which appears:
- to be, or to include a photograph or film of the person (but is not, or is not only, a photograph or film of the person),
- to be of an adult, and
- to show the person in an intimate state.
The New Statutory Offences
The Data (Use and Access) Act 2025 makes it a criminal offence to create or request the creation of AI-generated intimate images without the subject's consent as follows.
An offence is committed by a person who:
- intentionally creates a purported intimate image of another person
- in circumstances where that other person does not consent to the creation of the purported intimate image, and
- the creator does not reasonably believe that consents has been given.
An offence is committed by a person who:
- intentionally requests the creation of a purported intimate image of another person, either in general or specific terms,
- where that other person does not consent to the request for the creation of the purported intimate image, and
- it is not reasonably believed that such consent has been given.
An offence is also committed where a person intentionally requests that:
- a purported intimate image of another person is created, it includes or excludes something in particular (whether relating to appearance, the intimate state depicted or anything else affecting the other person),
- where the other person does not consent to the request for such inclusion or exclusion and
- it is not reasonably believed that consent has been given.
An offence is committed even if the purported image is never produced or shared. The request alone is enough.
Potential Defences
An individual charged with an offence may have a defence if it can be shown that there existed a reasonable excuse for creating the purported intimate image or for making the request.
Powers Available to the Courts
Courts will be able to deprive offenders of the unlawful images, including those relating to children, through the issue of Deprivation Orders covering the image itself and anything containing it, such as a mobile phone, laptop or hard drive, which may be destroyed.
A person convicted of an offence before a Magistrates’ Court is liable to imprisonment for a term not exceeding the maximum term available for summary offences, a fine, or both.
Official Comments
Baroness Jones, Technology Minister, stated:
‘With the introduction of these new measures, the Government is issuing a clear and unequivocal message: the creation or distribution of such reprehensible images is not only socially unacceptable but constitutes a criminal offence. It is imperative that technology companies fulfil their responsibilities; platforms hosting this content will be subject to increased scrutiny and substantial penalties.’
Victims Minister Alex Davies-Jones commented:
‘These newly established offences are designed to prevent individuals from being subjected to victimisation online. Offenders are hereby put on notice that they will be subject to the full force of the law.’
The Secretary of State for Science, Innovation and Technology, Liz Kendall, remarked:
‘Under these provisions, individuals commit a criminal offence if they create, or attempt to create, such content—including on platforms such as X. Anyone engaging in these activities should anticipate facing the full extent of the law.’
How Can We Assist You?
If you are facing allegations or have been charged with an alleged offence involving the creation or publication of offensive material of any nature, it is essential that you seek immediate expert guidance and support.
KANGS has over twenty‑five years’ experience advising and defending individuals facing allegations of sexual offences. We regularly represent people during police interviews, whether they have been arrested and taken to a police station or asked to attend a voluntary interview https://www.kangssolicitors.co.uk/news-insights/voluntary-police-interview/ .
Our solicitors work diligently to mitigate the impact that allegations of this nature can have on your personal and professional life. We work closely with specialists to identify and present evidence in support of your case. If your case proceeds to court, you can be assured of tailored, strategic, and robust representation throughout.
If you require assistance, please do not hesitate to contact us using the details below.
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.
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