MPs Compare Photos of Muslim Women Without Hijabs to Child Abuse Images and Call for Criminalisation

Members of Parliament have sparked controversy with a new proposal recommending that possessing photographs of Muslim women without their hijabs—taken without consent—should legally qualify as possessing 'non-consensual intimate images'. If adopted, this offence could become law by the end of 2025, and be treated with the same severity as the possession of child sexual abuse material. This unprecedented move has ignited debate, as it would provide unique protections to Muslims under British law, a privilege not currently extended to other religious groups.

Expanding the Definition of Intimate Images

Currently, British legislation defines an 'intimate' image as one depicting a person nude, partially nude, engaging in sexual activity, or using the toilet. However, the Commons' Women and Equalities Committee argues that intimate image abuse transcends sexual content. Their recent report highlights scenarios in certain cultures where being seen without religious attire or in physical contact with another can have catastrophic personal and social repercussions.

The committee, comprising seven Labour MPs, an independent MP formerly aligned with Labour, two Liberal Democrats, and one Conservative, suggests expanding this definition to include photographs depicting individuals without 'particular attire of religious or cultural significance' where there's a reasonable expectation of privacy. This broadened definition aims to offer greater protection against cultural exploitation and humiliation, especially for women.

The Push for Legislative Change

Labour MP Sarah Owen, leading the committee, emphasised the gravity of non-consensual intimate image abuse, describing it as a 'deeply personal crime with life-changing and life-threatening consequences.' The proposal recommends treating possession of such images with the same legal seriousness as child sexual abuse material, potentially resulting in prison sentences of up to 10 years under the Protection of Children Act 1978. However, not all government ministers share the committee's enthusiasm.

Protection vs. Overcriminalisation

The proposal has ignited fierce debate over potential implications and the scope of criminal law intervention. Critics express concerns that expanding definitions of intimate images to include culturally sensitive photos risks overcriminalisation and could place unnecessary strain on law enforcement.

David Spencer, from the think-tank Policy Exchange, acknowledges the need to address revenge porn but warns against stretching legal boundaries to cover 'culturally intimate' images. Spencer argues that police resources are already heavily strained, dealing with severe crimes such as sexual assault, violent crime, and theft.

'Government should be cautious about creating yet more criminal offences,' Spencer stated.

Alex Davies-Jones, a minister at the Ministry of Justice, cited previous dismissals by the Law Commission, which considered similar proposals impractical and likely to cause overcriminalisation due to definitional difficulties.

This legislative debate reflects a broader national conversation surrounding Islamophobia and its impact.

Labour's Polarising Definition of Islamophobia

The recent proposal coincides with ongoing controversy over Labour's adoption of a new definition of Islamophobia in 2019, a move spearheaded by Deputy Prime Minister Angela Rayner that attracted criticism over potential infringements on free speech.

Labour defines Islamophobia as racism targeting expressions of 'Muslimness' or perceived 'Muslimness.' Critics, including the UK's anti-extremism commissioner Lord Walney, fear this definition could undermine free speech and counter-terrorism efforts by conflating legitimate criticism of Islamic beliefs with anti-Muslim discrimination.

'You have to work that bit harder if you're going to call this Islamophobia,' Walney remarked, cautioning against inadvertently introducing a 'blasphemy law by the back door.'

Yet, given the escalating climate of anti-Muslim sentiment in Britain, addressing Islamophobia remains an urgent priority.

The Alarming Rise of Anti-Muslim Hate

Following Hamas' attack on Israel on 7 October 2024, anti-Muslim hate incidents in the UK tripled, according to the charity Tell Mama. Between 7 October 2024 and 7 February 2025, 2,010 incidents were recorded, significantly up from 600 during the same period the previous year—marking the highest reported incidents in the charity's history since its founding in 2011. Most involved online hate speech, but physical assaults and acts of vandalism also increased, notably in London, which alone reported 576 cases. Muslim women faced particular targeting, involved in two-thirds of reported incidents.

Iman Atta, Tell Mama's director, attributed this rise in hate crimes to public frustration over civilian deaths in Gaza, noting the frequent accusations hurled at British Muslims, labelling them 'Hamas,' 'Hezbollah,' 'terrorists,' and 'killers.'

As the UK navigates the potential legislation around culturally intimate photographs, lawmakers face the challenge of balancing protections for the cultural and religious dignity of Muslim women against concerns of overcriminalisation. Supporters advocate strongly for safeguarding minority groups amid rising hate, while critics warn against adding burdens to an overstretched criminal justice system. Ultimately, legislators must strive for a balanced approach that promotes inclusivity without compromising justice or free expression.