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CYBERFLASHING

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CYBERFLASHING & CONSENT

Featuring Bianca (Dickstinction)

Bianca, co-founder of Dickstinction, enters a conversation on digital justice making consent based laws accessible through legal tech.

Available on your favourite platforms, via
"People have access to justice with dickstinction and that’s what they should also do. Take action."
Personal Dimension
"Consent in this case is really clear. Either the person on the other side of the social media asked for one dickpic or pussypic, or not. It’s pretty crystal clear here. Otherwise it is just a demonstration of power by the sender."
Interpersonal Dimension
"Sending a dickpic is actually a criminal offense in Germany. We have so many comments under our posts, which say that people didn’t have a clue. They didn’t know that they could actually file a complaint."
Societal Dimension
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Key Terms and Definitions

Here we clarified key terms and definitions to understand the topic better.

“The AirDrop feature lets Apple users quickly transfer photos and files between iPhones, iPads, and Macs, as long as Wi-Fi and Bluetooth are both turned on and the devices are close to each other. Some people are using Apple’s AirDrop feature to send gross, explicit pictures to strangers.”

Business Insider

“Cyber flashing is the unsolicited sending of obscene images or video footage.”

The Week

“A dick pic is a photograph of someone’s penis, usually sent to another person by phone.”

Cambridge Dictionary

“A pussy pic is a mobile picture message containing the female genitals or anus.”

Urban Dictionary

“Zoombombing is a type of cyber-harassment in which an individual or a group of unwanted and uninvited users interrupt online meetings over the Zoom video conference app.”

Tech Target

Did you know… ?

Here are facts and figures on the topic.

41% of women aged 18-36 have received an unsolicited dick pic.

Almost half (46%) of millennial women who have received a “dick pic” were younger than 18 the first time it happened.

A 2017 survey by Pew Research Center found 21% of women ages 18 to 29 report being sexually harassed online. Roughly 53% of those women said someone has sent them explicit images they didn’t ask for.

Women are often overwhelmingly the target of unsolicited dick pics.

Want to help spread the word? Share our animation on CYBERFLASHING

Here are a few quick facts and some easy to understand information on this topic. Feel free to post to your social media accounts to get your friends involved.

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Cyberflashing Resources

Check out the following resources to learn more about cyber flashing and consent.

Dickstinction

WEBSITE

Did you receive an unwanted dickpic? Dickstinction will guide you through all the steps necessary to file a criminal complaint! It takes less than 5 minutes!

Parent Factsheet

FACTSHEET

Read the parent factsheet to get more information on Cyber-flashing and how to keep your child safe, and what to do if it happens to them.

Sexual harassment via smartphones

YOUTUBE VIDEO

Watch this video from the Reuters Foundation and hear from those who have experienced cyberflashing and why we need action

ShowYoDiq

APPLICATION

This BBC Three documentary explores the impact that explicit images being shared maliciously without someone’s consent can have on victims and highlights support available to them.

Myth Busters

Cyberflashing and consent are topics that are often misunderstood because of the myths surrounding them, here we want to clean up some of the most prominent misconceptions.

Dick pics are harmless and clumsy attempts at flirting.

Sending unwanted lewd pictures is a crude violation and form of sexual harassment.

As Sophia Ankel explains in the New York Times, dick pics are NOT harmless. They are about “ the sexual harassment that women face online every day and the circumstances around which that is made normal. (…) Flashing your naked body on the street is indecent exposure – so why should it be excused online?”

It is impossible and very complicated to prosecute dick pics and other types of online sexual harassment.

Legislation specifically targeting unsolicited dick pics is increasingly being adopted by lawmakers.

Lawmakers are increasingly adopting legislation specifically targeting dick pics. Civil society (Dickstinction in Germany, Netzpigcok in Switzerland, Dick Pic Locator, etc.) are offering additional support to identify the perpetrators and file reports against them.

How to…

Check out these guidelines that help you to have conversations on consent.

... know if someone wants to receive a dickpic.

Advice: Ask the person in question whether they want to receive pictures and be respectful towards their answer.

... prevent cyber flashing.

Advice: Restrict the AirDrop feature on your iPhone. In the main settings app, select “General,” and then “AirDrop.” Then select either “Receiving Off” or “Contacts Only.” The “Everyone” setting is when sexual harassers can send you photos.

Cyberflashing and Consent Cases

Here we highlight prominent cases.

Gillian Anderson

CASE:
According to the British Newsoutlet “The Sun” Gillian Anderson has an assistant who shields her from explicit photos she is sent by men. The 53-year-old actress told how she is bombarded with “d*** pics” thanks to her raunchy role in Sex Education.

ANALYSIS:
There are already a lot of countries with legislation supporting the disturbance through cyberflashing as an unwanted pornographic criminal offence. It is commonplace that women receive multiple of these photos, such as in the case of the actress Gillian Anderson. The fact that she had to shield herself with additional aids shows how aggravated the situation is online.

Know Your Rights

The first cases of cyber flashing were first reported starting 2015 in the UK. They tend to happen in crowded places such as public transportation, where the identification of the photo sent is immediately almost impossible. Since these first cases laws all around the world have started to take into account the issue of dickpics and to make them able to prosecute with the right legislation and tools.

Interpretations of Laws on Dickpics

Several countries have started to make legislation targeting unwanted dickpics a reality. Here is a non-exhaustive list of countries where the usage of unsolicited dickpics can be prosecuted effectively.

Germany

Dickstinction “provides quick legal help with unwanted dickpicks” by offering a quick, easyway to file a formal criminal complaint with the prosecutor’s office in Germany. Sending dick pics is criminalised by § 184 Nr. 6 StGB of the German Criminal Code, but like in other countries, few offenses are reported as victims often do not know that sending an unsolicited dick pic is a crime in Germany. Dickstinction aims to remove one barrier to reporting dick pics by making it easier to compose a criminal complaint.
(Dickstinction)

Sweden

Dickstinction “provides quick legal help with unwanted dickpicks” by offering a quick, easyway to file a Dick pics can be sent anonymously, which makes it trickier to identify the perpetrator and press charges against them. In 2017, Swedish developer Per Axbom developed the “Dick Pic Locator”, which allows survivors to extract metadata from the unsolicited photos received, to support the identification of the perpetrator or support proving their identity. However, this may not work if the sender is using a VPN.
(Dick Pic Locator)

Singapore

A new offence of sexual exposure was also introduced. This offence criminalises the non-consensual exposure of genitals, whether in the physical or the virtual space, such as sending unsolicited images of genitals over an electronic medium to another person (also referred to as “cyber-flashing”).
(Ministry of Law Singapore)

United States (Texas)

In 2019, the state of Texas, US, banned unsolicited dick pics and made them a misdemeanor punishable by a fine of up to USD 500. The implementation of the law will be tricky, as it can be complicated to identify the author, and as dick pics fall under the protection of the First Amendment on Freedom of Expression (dick pics would not be protected if there were a true threat, incitement, or negligent defamation of [a] private person). Similar legislations have been introduced but have yet to be adopted, notably in New York and Pennsylvania.
(Tex. Penal Code Ann. § 21.19.)

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This campaign was produced with the financial support of the European Union within the framework of the European Union Sivil Düşün Programme. Its contents are the sole responsibility of Nicole Bogott/The Philia Project e.V. and do not necessarily reflect the views of the European Union.

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