WASHINGTON — A D.C. councilmember introduced legislation Wednesday that would provide victims of online sexual harassment the opportunity to seek justice.
The “Forbid Lewd Activity and Sexual Harassment (“FLASH”) Act of 2023”, which was introduced by Councilmember Brooke Pinto, establishes a private right of action against any adult who sends another adult an obscene image through electronic means without consent of the person receiving it, also known as cyberflashing.
All of the women on the Council are co-introducers on this legislation.
“As many of us know all too well, sexual harassment is a very real problem online, including on dating apps and social media platforms. It is time we treat cyberflashing — sending obscene pictures without consent — with the seriousness it deserves,” said Councilmember Pinto. “This is an important step towards ensuring online platforms are safe for all users, especially for those who we know are most likely to suffer this type of abuse — women and LGBTQQIA+ residents.”
A 2018 study by Bumble, a dating and social networking app, found that nearly one in three women have received unsolicited tasteless, obscene photos from someone they had not met in person. Fast-forward to March 2022 and that figure jumped to nearly half of women.
Similar legislation has successfully passed, with the help of the dating app, in Virginia and California in 2022 as well as Texas in 2019.
Under the FLASH Act, people who engage in cyberflashing risk penalties that include:
- Economic and noneconomic damages,
- Statutory damages of not less than $500 but not more than $1,500,
- Punitive damages,
- Reasonable attorney fees and costs, and
- Any other available relief, including injunctive relief.
The legislation creates a private right of action for individuals who receive the image in the District and for people outside of D.C. who are sent an image from within the District.
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