In brief
- Ofcom faces a threatened judicial review over an alleged failure to take enforcement action against forums facilitating intimate image abuse.
- A survivor, supported by EVAW, argues the regulator has unlawfully failed to exercise its powers under the Online Safety Act 2023.
- The case raises significant questions about Ofcom’s regulatory priorities and its approach to protecting women and girls online.
- The outcome may shape how robustly the Online Safety Act is enforced against harmful but entrenched online platforms.
- Mishcon de Reya is advising on related efforts to challenge the ongoing accessibility of such material online.
Decisive legal steps are being taken against the UK's online safety regulator, Ofcom, which faces a threat of judicial review over its alleged systemic failure to intervene and protect against the proliferation of intimate image abuse on online 'image-sharing' forums.
A survivor of such intimate image abuse, referred to as Jane (not her real name), and The End Violence Against Women Coalition ("EVAW") have instructed solicitors Leigh Day and sent a Pre-Action Protocol letter to Ofcom threatening to bring a judicial review, accusing it of turning a blind eye to the abuse that Jane and countless other women and girls have suffered at the hands of such "collector culture" image-sharing forums. Intimate images of women and girls are posted to these forums and categorised by area as specific as their town, village or university halls of residence, putting victims at serious risk of physical harm offline in the real world, such as stalking, as well as online.
The letter is a serious test of the regulator's willingness to exercise its powers under the Online Safety Act 2023 against platforms that facilitate intimate image abuse.
The Legal Case Against Ofcom
Jane first raised the issue with Ofcom in February 2025. She urged the regulator to launch a formal investigation and exercise its enforcement powers against these 'image-sharing' forums that enable and perpetuate intimate image abuse of women and girls, including herself.
Ofcom reportedly acknowledged Jane's case, informed her that it was "considering any appropriate steps" and affirmed that it "won't hesitate to use" “a broad range of enforcement powers” "where necessary".
Jane and EVAW's case sets out four principal grounds for Ofcom's alleged failure:
- By not acting, Ofcom is failing to comply with one of the stated aims of the Online Safety Act 2023, to protect women and girls;
- Ofcom's approach fails to follow its own policies, which prioritise taking action against infringing sites under its established regulatory framework;
- Ofcom's failure to act breaches Jane's human rights under the European Convention on Human Rights, including Article 3 (inhuman and degrading treatment), Article 8 (right to private and family life) and Article 14 (freedom from discrimination); and
- Ofcom has acted irrationally in deciding which sites to investigate, for example investigating X and Grok but not image-sharing forums, without a coherent justification.
The Pre-Action Protocol letter calls on Ofcom to confirm whether an investigation has been opened and to disclose its decision-making documents, or explain why no action has been taken.
Jane has launched a crowdfunder on the CrowdJustice website to fund the legal action.
Google's failings
Jane's campaign does not stop with Ofcom. She has also instructed Mishcon de Reya to engage with Google, demanding that it delist these sites from Google search results. Despite clearly violating Google's own policies and terms of service, many iterations of the sites are yet to be delisted and remain easily accessible online.
Search services such as Google are also obliged under the Online Safety Act 2023 to protect users from illegal content, by proactively removing it and preventing it from appearing on its services in the first place.
Conclusion
Ofcom's failure to take swift and decisive action in response to these issues has placed an unfair burden on victims, who are forced to advocate for themselves. It also places increasing pressure on support services, such as the Revenge Porn Helpline, which assists with the removal of non-consensual intimate material online.
We hope that Jane and EVAW's legal case will prompt Ofcom to use its considerable regulatory powers to help stop this vile and misogynistic abuse of women and girls without further delay.
How Mishcon de Reya can help
Mishcon de Reya has extensive experience advising clients on matters at the intersection of online safety, technology, and the protection of fundamental rights. If you or your organisation have been affected by intimate image abuse or other forms of online harm, or if you require advice on compliance with online safety obligations, please do not hesitate to contact a member of our Online Safety and Reputation Protection and Crisis Management teams.
Jane is represented in this case by Leigh Day Partner Tessa Gregory and Solicitor Claire Powell. Jane is also represented on a pro bono basis by Partner Harry Eccles-Williams and Associates Katie Iveson and Agatha Hunt at Mishcon de Reya.