What Teens Should Know About the Law and Digital Media

The Law Applies to You

Many teenagers assume that because they are under 18, the law treats their online behaviour differently. While the youth justice system does account for age, the actions themselves can still constitute criminal offences. Understanding your legal responsibilities online is not about creating fear; it is about making sure you do not accidentally commit a serious offence that could affect your future.

Sexting and Explicit Images

Sexting, the sharing of sexual or explicit images, is common among teenagers. However, the law in England and Wales is clear: creating, possessing, or distributing an indecent image of anyone under 18 is a criminal offence under the Protection of Children Act 1978 and the Criminal Justice Act 1988. This applies even if:

• You took the photo of yourself.
• You are the same age as the person in the image.
• Both parties consented to the exchange.
• You are in a relationship with the person.

This means that a 16 year old who takes an explicit selfie and sends it to their 16 year old partner has, in strictly legal terms, created and distributed an indecent image of a child. The recipient, by receiving and storing it, is in possession of an indecent image of a child.

In practice, the police and Crown Prosecution Service use discretion. Consensual sexting between teenagers of similar age is unlikely to result in prosecution if there is no coercion, exploitation, or further distribution involved. However, the moment that image is forwarded to a third person, shared in a group chat, or posted online, the situation becomes much more serious.

Forwarding Explicit Images

Forwarding someone's explicit image without their consent is one of the most common ways teenagers unknowingly commit a serious offence. Consider this scenario: a classmate sends an explicit photo to their boyfriend or girlfriend, who then shares it in a group chat. Everyone who forwards that image is potentially committing an offence. The original sender may also be a victim of image-based abuse.

If the person in the image is under 18, each person who shares it is distributing an indecent image of a child. If the person is over 18, sharing their intimate image without consent is an offence under the Criminal Justice and Courts Act 2015. Either way, it is illegal.

The Childnet organisation provides detailed, age-appropriate information about sexting laws and what to do if an explicit image of you has been shared without your consent.

Online Threats

Threats made online are treated the same as threats made in person. Under the Communications Act 2003, sending a message that is grossly offensive, indecent, obscene, or menacing is a criminal offence. This includes:

• Threatening to harm someone in a direct message, comment, or post.
• Threats of violence shared in group chats, even if framed as a "joke."
• Death threats, regardless of whether the sender intends to carry them out.

Claiming it was "just a joke" or "not serious" is not a defence if the message was objectively threatening. Courts assess the message itself, not just the sender's claimed intention.

Harassment

Under the Protection from Harassment Act 1997, a course of conduct (meaning two or more incidents) that amounts to harassment is a criminal offence. Online harassment includes:

• Repeatedly sending unwanted messages after being asked to stop.
• Creating fake accounts to contact someone who has blocked you.
• Coordinating with others to target a specific person with abuse.
• Persistently posting about someone in a derogatory or threatening way.

If the harassment causes the victim to fear that violence will be used against them, it becomes the more serious offence of "putting people in fear of violence," which carries a maximum sentence of five years in prison.

Consequences for Young People

For teenagers, the consequences of a criminal offence related to digital media can extend far beyond the immediate legal penalty:

• A criminal record can affect university applications, job prospects, and travel.
• Police involvement creates a record even if no prosecution follows. Under Outcome 21, the police can record that an offence occurred but that a prosecution was not in the public interest. This record still exists.
• Being placed on the sex offenders register is a possibility in serious cases involving indecent images, even for teenagers.
• The social consequences of being known to have shared someone's intimate images or made threats can be devastating and long-lasting.

What to Do If You Are Concerned

If you have already shared, forwarded, or received an explicit image of someone under 18, do not panic, but do take it seriously. Delete the image immediately and do not share it further. If someone is threatening to share an explicit image of you, report it to a trusted adult and to the platform where the threat was made.

Treating your peers with respect online is not just good behaviour; it is the law. The digital world is not a consequence-free zone, and understanding that now will protect you and others in the future.