PART 10Communications offences

Offences of sending or showing flashing images

I1I2183Offences of sending or showing flashing images electronically

1

A person (A) commits an offence if—

a

A sends a communication by electronic means which consists of or includes flashing images (see subsection (13)),

b

either condition 1 or condition 2 is met, and

c

A has no reasonable excuse for sending the communication.

2

Condition 1 is that—

a

at the time the communication is sent, it is reasonably foreseeable that an individual with epilepsy would be among the individuals who would view it, and

b

A sends the communication with the intention that such an individual will suffer harm as a result of viewing the flashing images.

3

Condition 2 is that, when sending the communication—

a

A believes that an individual (B)—

i

whom A knows to be an individual with epilepsy, or

ii

whom A suspects to be an individual with epilepsy,

will, or might, view it, and

b

A intends that B will suffer harm as a result of viewing the flashing images.

4

In subsections (2)(a) and (3)(a), references to viewing the communication are to be read as including references to viewing a subsequent communication forwarding or sharing the content of the communication.

5

The exemptions contained in section 180 apply to an offence under subsection (1) as they apply to an offence under section 179.

6

For the purposes of subsection (1), a provider of an internet service by means of which a communication is sent is not to be regarded as a person who sends a communication.

7

In the application of subsection (1) to a communication consisting of or including a hyperlink to other content, references to the communication are to be read as including references to content accessed directly via the hyperlink.

8

A person (A) commits an offence if—

a

A shows an individual (B) flashing images by means of an electronic communications device,

b

when showing the images—

i

A knows that B is an individual with epilepsy, or

ii

A suspects that B is an individual with epilepsy,

c

when showing the images, A intends that B will suffer harm as a result of viewing them, and

d

A has no reasonable excuse for showing the images.

9

An offence under subsection (1) or (8) cannot be committed by a healthcare professional acting in that capacity.

10

A person who commits an offence under subsection (1) or (8) is liable—

a

on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

b

on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);

c

on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).

11

It does not matter for the purposes of this section whether flashing images may be viewed at once (for example, a GIF that plays automatically) or only after some action is performed (for example, pressing play).

12

In this section—

a

references to sending a communication include references to causing a communication to be sent;

b

references to showing flashing images include references to causing flashing images to be shown.

13

In this section—

  • “electronic communications device” means equipment or a device that is capable of transmitting images by electronic means;

  • “flashing images” means images which carry a risk that an individual with photosensitive epilepsy who viewed them would suffer a seizure as a result;

  • “harm” means—

    1. a

      a seizure, or

    2. b

      alarm or distress;

  • “individual with epilepsy” includes, but is not limited to, an individual with photosensitive epilepsy;

  • “send” includes transmit and publish (and related expressions are to be read accordingly).