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Guidance and support
Guidance
Sharing nudes and semi-nudes: advice for education settings working with children and young people
it is an offence to possess, distribute, show and make indecent images of children
the Sexual Offences Act 2003 (England and Wales) defines a child, for the purposes of indecent images, as anyone under the age of 18
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Relevant laws and best practice have been taken into account in the development of
this guidance. However, these issues have the potential to be complex and multifaceted. As case law in this area is still relatively underdeveloped, nothing in this guidance should be taken as legal advice.
The authors and other contributors to this guidance accept no liability for any damage
or loss suffered or incurred whether directly, consequentially, indirectly or otherwise by
anyone relying on the information in this publication or any other information referred to
in it.
Web addresses, social networks, apps and other references in this guidance were
correct at the time of publication but may be subject to change over time.
This guidance was last updated and published in December 2020
Production of this guidance has been coordinated by the UK Council for Internet Safety’s Education Working Group in partnership with the NPCC.
This advice is for designated safeguarding leads (DSLs), their deputies, headteachers
and senior leadership teams in schools and educational establishments [footnote 1] in England.
Other members of staff should see a one-page summary on how to manage incidents
available on the UK Council for Internet Safety’s ( UKCIS ’) website .
This document may also act as good practice advice for out-of-school settings providing
education for children and young people in England (e.g. extracurricular clubs, youth
organisations and providers).
Practitioners working in education settings in Wales should see the following advice on
responding to incidents:
Practitioners working in education settings in Scotland should see the following
guidance and advice for responding to incidents and safeguarding children and young
people in Scotland:
This advice outlines how to respond to an incident of nudes and semi-nudes being
shared (see section 1.4 for a definition), including:
The types of incidents which this advice covers are:
In response to these issues, education settings should follow their local authority’s
guidance and schools and colleges should also refer to the Department for Education’s
( DfE ’s) Keeping children safe in education statutory safeguarding guidance.
The production of this advice has been co-ordinated by the UKCIS Education Working Group in consultation with the National Police Chiefs’ Council ( NPCC ) on behalf of UKCIS .
This advice is non-statutory, and schools and colleges should read this alongside:
The advice replaces ‘Sexting in schools and colleges: responding to incidents and safeguarding young people’ published in 2016 by UKCIS in collaboration with the NPCC and Charlotte Aynsley.
This advice uses the term ‘sharing nudes and semi-nudes’ to mean the sending or posting of nude or semi-nude images, videos or live streams by young people under the age of 18 online. This could be via social media, gaming platforms, chat apps or forums. It could also involve sharing between devices via services like Apple’s AirDrop which works offline.
The term ‘nudes’ is used as it is most commonly recognised by young people and more appropriately covers all types of image sharing incidents. Alternative terms used by children and young people may include ‘dick pics’ or ‘pics’.
The motivations for taking and sharing nude and semi-nude images, videos and live streams are not always sexually or criminally motivated. Such images may be created and shared consensually by young people who are in relationships, as well as between those who are not in a relationship. [footnote 4] It is also possible for a young person in a consensual relationship to be coerced into sharing an image with their partner. Incidents may also occur where:
Further guidance on the motivations for taking and sharing images and videos can be found in section 1.6 .
The sharing of nudes and semi-nudes can happen publicly online, in 1:1 messaging or via group chats and closed social media accounts.
Nude or semi-nude images, videos or live streams may include more than one child or young person.
Creating and sharing nudes and semi-nudes of under-18s (including those created and shared with consent) is illegal which makes responding to incidents involving children and young people complex. There are also a range of risks which need careful management from those working in education settings.
Many professionals may refer to ‘nudes and semi-nudes’ as:
Terms such as ‘revenge porn’ and ‘upskirting’ [footnote 6] are also used to refer to specific incidents of nudes and semi-nudes being shared. However, these terms are more often used in the context of adult-to-adult non-consensual image sharing offences outlined in s.33-35 of the Criminal Justice and Courts Act 2015, Voyeurism (Offences) Act 2019 and s.67A of the Sexual Offences Act 2003.
Sharing photos, videos and live streams online is part of daily life for many people, enabling them to share their experiences, connect with friends and record their lives.
Photos and videos can be shared via messaging apps or posted on social media and image sharing platforms. It is important to note that children and young people send a variety of images and videos, some of which are not nude, semi-nude and/or exploitative or intended to be so. However, the focus of this guidance is on the sending of nudes and semi-nudes.
Although many education settings are dealing with an increase in incidents of nudes and semi-nudes being shared, research has found a significant number of children and young people aren’t sending or receiving nudes and semi-nudes (Brook and NCA-CEOP, 2017):
Although most children and young people aren’t creating or sharing these types of images and videos, the potential risks are significant. If the imagery is shared further, it may lead to embarrassment, bullying and increased vulnerability to blackmail and exploitation.
Producing and sharing nudes and semi-nudes of under 18s is also illegal, which causes considerable concern in education settings working with children and young people, and amongst parents and carers.
Although the production of such images will likely take place outside of education settings, sharing can take place and issues are often identified or reported here. Education settings need to be able to respond swiftly and confidently to make sure children and young people are safeguarded, supported and educated.
This advice aims to support education settings in developing procedures to respond to incidents involving nudes and semi-nudes. It also signposts sources of resources and support.
These procedures should be part of an education setting’s safeguarding arrangements and all incidents should be dealt with as safeguarding concerns.
The response to these incidents should be guided by the principle of proportionality and the primary concern at all times should be the welfare and protection of any children and young people involved.
Individual incidents of peer abuse and sexual behaviour (the sharing of nudes and semi-nudes can fall under this category) can lead to unhealthy or damaging cultures within the school community. How these incidents – including incidents of ‘low level’ harmful sexual behaviour – are responded to directly affects the culture of the school. If handled poorly, an unsafe and unhealthy set of norms can be created which enable peer-on-peer abuse and this can also prevent other children and young people from disclosing.
It must be recognised that the individual case management can affect school-wide culture, peer response and all children’s ability to speak out.
Nudes and semi-nudes can be shared by, and between, children and young people under a wide range of circumstances, and are often not sexually or criminally motivated. An education setting’s response to an incident will differ depending on the motivations behind the incident and the appropriateness of the child or young person’s/people’s behaviour.
In order to ensure an appropriate and proportionate response to an incident of nudes and semi-nudes being shared, education settings can use the tools set out below.
Finkelhor and Wolak’s typology of youth-produced imagery cases can be used to define and assess incidents according to motivations.
Incidents can broadly be divided into two categories:
Annex B sets out an exercise that education settings can use within staff training to illustrate the different types of peer-to-peer sharing incidents that can occur and highlight that an appropriate and proportionate response needs to be considered for each incident.
DSLs (or an education setting’s equivalent) will need to be mindful that behaviour, which may not initially appear to be sexually motivated, may have occurred as a result of risky or harmful behaviour or sexual abuse being ‘normalised’ for children and young people.
Hackett’s ‘Continuum of children and young people’s sexual behaviours’ model can also help practitioners to understand that children and young people’s sexual behaviours exist on a wide continuum from normal to abusive and violent behaviours, and may move fluidly between each category. It is important to note that an isolated incident that demonstrates problematic or abusive behaviour may not necessarily be indicative of the child or young person’s overall sexual behaviour. [footnote 7] The incident should be dealt with proportionally to the behaviour being displayed.
Fig 2: Adapted from ‘A continuum of children and young people’s sexual behaviours’ (Hackett, 2010)
It is important for professionals to place a child’s sexual behaviour within the context of their age and development. DSLs (or equivalents) must ensure that they are familiar with and follow the relevant local policies and procedures to help them do so. This includes contact with safeguarding partners and guidance on recognising and responding to harmful behaviours and/or underage sexual activity when dealing with children with under 13. Frameworks such as Brook’s Sexual Behaviours Traffic Light Tool can also be used to identify when a child or young person’s sexual behaviour is a cause for concern in relation to their development.
Any child or young person displaying harmful sexual behaviour should be safeguarded and supported in moving forward from the incident and adopting positive behaviour patterns.
Where a child or young person displays appropriate sexual behaviour within the context of their age or development, consideration should still be given as to whether the taking or sharing of the nude or semi-nude raises any additional concerns.
Further support and resources on addressing harmful sexual behaviour in education settings can be found on the Contextual Safeguarding Network website .
Responding to incidents of sharing nudes and semi-nudes is complex because of its legal status. 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.
The relevant legislation is contained in the Protection of Children Act 1978 (England and Wales) as amended in the Sexual Offences Act 2003 (England and Wales). [footnote 8]
‘Indecent’ is not defined in legislation. When cases are prosecuted, the question of whether any photograph of a child is indecent is for a jury, magistrate or district judge to decide based on what is the recognised standard of propriety .
Indecent imagery does not always mean nudity; however, images are likely to be defined as such if they meet one or more of the following criteria:
The non-consensual sharing of private sexual images or videos with the intent to cause distress is also illegal. The relevant legislation is contained in section 33 of the Criminal Justice and Courts Act 2015.
The law criminalising indecent images of children was created to protect children and young people from adults seeking to sexually abuse them or gain pleasure from their sexual abuse. It was not intended to criminalise children and young people. The law was also developed long before mass adoption of the internet, mobiles and digital photography.
Despite this, children and young people who share nudes and semi-nudes of themselves, or peers, are breaking the law.
However, children and young people should not be unnecessarily criminalised. Children and young people with a criminal record face stigma and discrimination in accessing education, training, employment, travel and housing and these obstacles can follow them into adulthood. [footnote 9]
Whilst children and young people creating and sharing images can be risky, it is often the result of their natural curiosity about sex and their exploration of relationships. Therefore, engaging in the taking or sharing of nudes and semi-nudes may not always be ‘harmful’ to all children and young people. Situations should be considered on a case by case context, considering what is known about the children and young people involved and if there is an immediate risk of harm. Often, children and young people need education and support for example, on identifying healthy and unhealthy behaviours within relationships and understanding consent and how to give it. Safeguarding action will also be required in cases where there is risk of harm.
Investigation by police of an incident of sharing nudes and semi-nudes does not automatically mean that the child/young person involved will have a criminal record, as explained in the next section.
The NPCC has made it clear that incidents involving sharing nudes and semi-nudes should have an immediate focus on safeguarding children.
In many cases, education settings may respond to incidents without involving the police, for example where an incident can be defined as ‘experimental’ (see section 1.6 ) and there is no evidence abusive or aggravating elements. Further advice on the circumstances in which this would be appropriate can be found in section 2 .
The police may, however, need to be involved in some cases to ensure thorough investigation, including the collection of all evidence (for example, through multi-agency checks). Where there are abusive and/or aggravating factors, incidents should always be referred to the police through the Multi-Agency Safeguarding Hub (MASH) or equivalent (see section 2 for further guidance).
Even when the police are involved, a criminal justice response and formal sanction against a child or young person would only be considered in exceptional circumstances.
To help local police services develop a coordinated, effective and proportionate response in this area, the NPCC and College of Policing has produced operational advice for law enforcement relating to the investigation of nudes and semi-nudes sharing offences .
When an incident of sharing nudes and semi-nudes is reported to police, they are obliged, under the Home Office Counting Rules and National Crime Recording Standards, to record the incident on their crime systems. The incident will be listed as a ‘crime’ and the child or young person involved may be listed in relation to it.
This is not the same as having a criminal record.
Once an incident is reported to the police, they will investigate and decide on an appropriate outcome.
If an incident is found to have abusive and/or aggravating factors, the child or young person may receive a caution or conviction.
To mitigate the risk of children and young people being negatively impacted, the police are able to record the outcome of an investigation using an outcome 21 code should an incident be found to be non-abusive and have no evidence of any of the following:
The outcome 21 code, launched in 2016, helps to formalise the discretion available to the police when handling crimes such as the sharing of nudes and semi-nudes.
“Further investigation, resulting from the crime report, which could provide evidence sufficient to support formal action being taken against the suspect is not in the public interest. This is a police decision.”
This means that even though a child or young person has broken the law and the police could provide evidence that they have done so, the police can record that they chose not to take further action as it was not in the public interest.
The decision to use outcome 21 in these circumstances is likely to be reviewed by a suitably senior and/or experienced officer.
Once an appropriate outcome has been decided, it should be communicated by police to the child or young person affected, their parent or carers and the school where appropriate. This should also explain the immediate and longer-term implications.
A decision to disclose information as a part of any criminal record check (a DBS certificate in England) is made on the basis of whether that information is relevant to the risk an individual might pose to children, young people or vulnerable adults.
It is possible for an incident of sharing nudes and semi-nudes recorded on police systems with outcome 21 to be disclosed on a DBS certificate.
However, information falling short of conviction or caution can only be included on a DBS certificate when an individual has applied for an Enhanced Criminal Records Check. In such cases, it would be for a chief officer to consider what information (in addition to convictions and cautions held on the Police National Computer) should be provided for inclusion. That decision must be
https://www.gov.uk/government/publications/sharing-nudes-and-semi-nudes-advice-for-education-settings-working-with-children-and-young-people/sharing-nudes-and-semi-nudes-advice-for-education-settings-working-with-children-and-young-people
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