Know Your Rights as a Female Freelancer: States with Cyberflashing Laws
Summary
Cyberflashing is the act of sending unsolicited explicit images online, which disproportionately targets women, including freelancers. While some U.S. states have enacted laws to combat this form of harassment, many others have yet to do so. This article discusses the impact of cyberflashing, particularly on female freelancers, and provides tips on how to protect yourself and advocate for stronger legal protections.
Reflection Questions
Journal Prompt
Whether on social media platforms, dating apps, or freelancing platforms, women are often victims of online abuse—which frequently comes in the form of cyber flashing. Cyberflashing—part of a broader category of “image-based sexual abuse”—is the act of sending unsolicited explicit images to someone, typically via digital platforms like social media, messaging apps, or file-sharing services, without the recipient’s consent. Unfortunately, this activity runs absolutely rampant online. Seventy percent of participants in a 2023 study conducted in Nova Scotia reported being victims of cyberflashing. In the UK, the Online Safety Act protects people from online sexual exploitation and harassment; it’s a criminal offence there. However, the United States has less clear laws. Only certain states criminalize online sexual harassment. Below is a list of states that have either passed or are weighing cyber flashing laws. We’ll also offer a few tips for female freelancers who want to reduce the risk online. Of course, it’s not our responsibility as women, but we hope these tips help you.
What is Cyberflashing and Why Does It Happen?
Cyberflashing is the unsolicited sending of intimate images to someone, usually through digital means like social media, messaging apps, or even file-sharing services. It’s a form of harassment that can be incredibly unsettling and invasive, leaving the recipient feeling violated and powerless as the perpetrator pursues some sort of perverse sexual gratification.
Many of us have received unsolicited sexual images—whether in personal or professional contexts—and understand how it feels. But NONE of us should ever experience this. That’s why some states are finally passing legislation to make sending an unsolicited sexual image illegal.
How It Affects Female Freelancers
For female freelancers, cyberflashing is more than just an unwanted digital nuisance while dating (although this is wholly inappropriate, too.); it’s a pervasive issue that can impact their sense of safety and well-being. It’s also incredibly disappointing and demoralizing.
Working in the gig economy often means being highly visible online, whether it’s through social media profiles, professional networking platforms, or freelance job sites. This visibility, while essential for securing work, also makes women more vulnerable to online harassment like cyberflashing.
Statistics show that women are disproportionately targeted, with studies revealing that nearly half of young women have received unsolicited explicit images at some point. For freelancers who rely on maintaining a professional online presence, this type of harassment can be particularly damaging to our mental health, leading to anxiety, distraction, and even a reluctance to engage with potential clients. This serious issue underscores the need for stronger protections and greater awareness in the digital age.
Where Does Cyberflashing Happen?
Women can become victims of cyberflashing in various circumstances, often involving online and digital interactions. Below are a few common scenarios in which women experience cyberflashing—all of which should be safe spaces for us.
Dating Apps and Websites
On dating apps like Tinder, Bumble, or OkCupid, women may receive explicit images soon after starting a conversation with a new match. Even before any meaningful interaction, women might receive explicit images from other users without consent.
Professional Platforms
Individuals who misuse professional networking platforms to send explicit content, often under the guise of professional communication, can target women. Female freelancers may receive explicit images from clients or potential clients through communication channels provided by platforms like Upwork, Fiverr, or Freelancer. Women applying for jobs or gigs online may encounter inappropriate content sent as part of the application or interview process.
Online Gaming Communities
Women gamers are often targeted with explicit images through in-game messaging systems or via connected social media profiles. Female participants in gaming forums or Discord servers may be victims of cyberflashing during discussions or community interactions.
Social Media Platforms
Women frequently receive unsolicited explicit images through direct messages on platforms like Instagram, Twitter, or Facebook. Women with public profiles may be targeted by strangers who send explicit content through comments or DMs.
Emails and Text Messages
Women might receive unsolicited explicit images via email or text, sometimes as part of spam campaigns or phishing attempts. Sharing a phone number in a professional or social context can lead to receiving explicit images from strangers or acquaintances.
Public Wi-Fi Networks
In public spaces like cafes, airports, or public transport, women can be targeted by strangers who send explicit images via AirDrop or Bluetooth to nearby devices.
Virtual Events and Meetings
Women participating in virtual events may be targeted by attendees who misuse the chat or private messaging functions to send explicit content. During video calls or meetings, attackers may “Zoom bomb” sessions by sharing explicit images with participants.
Online Communities and Forums
Women participating in online communities, such as Reddit or hobby-specific forums, might be sent explicit content by other members during discussions or in private messages. Even in sensitive spaces like online support groups, women can be targeted with explicit content by malicious individuals.
Social Networking with Friends or Acquaintances
Women may receive explicit images from acquaintances or friends who feel emboldened to cross boundaries due to the perceived anonymity or distance of online communication.
Legal Landscape: States with Cyberflashing Laws
Cyberflashing laws have started popping up across the U.S. in recent years as more people become aware of digital harassment. These laws are being put in place to tackle the growing problem of cyber flashing—where people are sent unsolicited explicit photos online, often leaving them feeling uncomfortable and powerless.
As we spend more of our lives online, these laws help protect our privacy and keep digital spaces safe and respectful. By making cyberflashing a crime or allowing victims to sue, states are making it clear that this behavior won’t be tolerated. The legal landscape is still evolving, but more states are jumping on board, recognizing the need to protect us from harassment in our digital lives.
Texas
In 2019, Texas took a significant step in addressing cyberflashing by passing House Bill 2789. This law makes it a Class C misdemeanor to send unsolicited sexually explicit images via electronic means, including text messages, emails, and social media platforms. The legislation aims to curb this invasive behavior by imposing legal consequences on those who engage in it, thereby offering some level of protection for victims who may feel powerless in the face of such harassment.
California
California strengthened its stance against cyberflashing in 2022 with the enactment of Senate Bill 53. This law empowers victims by allowing them to sue for damages in civil court, providing a legal avenue for those who have been targeted. This online safety bill also mandates that dating apps include features enabling users to report incidents of cyberflashing, making it easier to hold perpetrators accountable and offering victims a sense of control over their online experiences.
Virginia
Virginia addressed the issue of cyberflashing in 2020 through House Bill 2678. This law criminalizes the sending of unsolicited sexually explicit images with the intent to harass, coerce, or intimidate the recipient, categorizing it as a Class 1 misdemeanor. By focusing on the intent behind the act, Virginia’s law recognizes the harm caused by cyberflashing and seeks to deter individuals from engaging in such behavior.
New York
New York’s Senate Bill S999, passed in 2021, takes a firm stance against cyberflashing by making it a violation to send unsolicited sexually explicit images via electronic communication. Offenders are subject to fines, providing a deterrent against this invasive act. The law underscores New York’s commitment to protecting individuals’ digital spaces and ensuring that perpetrators face consequences for their actions.
Washington
In 2023, Washington joined the ranks of states addressing cyberflashing with the passage of House Bill 1038. This law criminalizes the non-consensual sending of sexually explicit images, classifying it as a misdemeanor. Washington’s approach highlights the state’s recognition of the serious impact that cyber flashing can have on victims, and it aims to reduce such incidents by imposing criminal penalties on those who engage in this behavior.
Illinois
Illinois is currently considering legislation to criminalize cyberflashing, recognizing the growing need to address this form of harassment. A bill has been introduced, though it is still under consideration. If passed, this law would likely follow the examples set by states like Texas and California, offering legal recourse to victims and deterring potential offenders.
Massachusetts
Massachusetts has proposed legislation to make cyber flashing illegal. This initiative reflects the state’s awareness of the problem and its intention to provide protections similar to those already in place in other states. The proposed law would criminalize the act, making it clear that such behavior will not be tolerated.
Florida
Florida is actively discussing a proposed bill aimed at making cyberflashing a misdemeanor offense. The state’s consideration of this legislation indicates a growing recognition of the need to address digital harassment and protect individuals from unwanted explicit content. If enacted, this law would offer victims a means of seeking justice while discouraging offenders from engaging in cyberflashing.
Maryland
Maryland legislators are currently considering a bill to address cyberflashing, following the examples of other states that have already enacted similar laws. The proposed legislation would likely include criminal penalties for offenders, providing a legal framework to combat this invasive behavior and support victims.
Connecticut
Connecticut has introduced a bill to address cyberflashing, with a focus on criminal penalties and victim rights. This proposed legislation reflects the state’s commitment to tackling digital harassment and ensuring that victims have legal options to pursue justice. If passed, the law would add Connecticut to the list of states taking proactive steps to combat cyberflashing.
Protecting Yourself as a Female Freelancer or Business Owner
If you’re a victim of cyberflashing, it’s important to know that you have options. In states with specific laws, you can report the incident to law enforcement and, in some cases, take legal action against the perpetrator. Even if your state doesn’t have a specific law yet, you may still have grounds to file a harassment complaint or seek help through civil courts. Resources like the Cyber Civil Rights Initiative and local women’s advocacy groups can offer support and guide you through the process.
Of course, it’s not up to women to protect themselves against cyber flashing, but there are ways to minimize the risk. If possible, keep your profiles private, be cautious about who you connect with, and regularly update your passwords. Consider using tools like two-factor authentication to add an extra layer of security. Apps like SafeToNet and Norton Mobile Security can also help protect your devices and alert you to potential risks. Being proactive about your digital hygiene can make a big difference in securing your online spaces.
Protecting Your Professional Spaces Online
Again, it’s not on us to prevent cyberflashing, but there are a few steps we can take. Try to maintain a clear boundary between your personal and professional online identities—use separate accounts for work and personal life whenever possible.
Be mindful of the information you share on professional networking platforms like LinkedIn; limit public visibility of contact details to prevent unsolicited communications. If you receive an inappropriate message or image, document it immediately and report it to the platform’s support team or your company’s HR department.
Consider using email filters and security settings to block or screen messages from unknown senders. Lastly, join professional groups or forums that support women in the workplace, where you can share experiences and get advice on handling such situations.
Advocating for Stronger Cyberflashing Laws
Take the time to educate yourself about the cyberflashing laws in your state, share this knowledge with others, and advocate for stronger protections if needed. Consider joining communities or groups that focus on freelancer rights and online safety—they can offer support and keep you informed about any changes in the legal landscape.
Cyberflashing laws are likely to continue evolving as more states recognize the need to protect people in digital spaces. We might see new legislation that strengthens penalties or expands the definition of digital harassment. As a freelancer, you can advocate for these changes by staying informed, speaking out on social media, and supporting organizations that push for stronger digital protections. Your voice can help shape the future of these laws.
If you’re in a state without cyberflashing protections, try to stay on top of legal developments related to cyberflashing, especially as a female freelancer who spends a lot of time online. Laws are changing, and being informed means you’ll know what protections you have and what actions you can take if needed.