Part 10: Communications offences Offences of sending or showing flashing images Section 183: Offences of sending or showing flashing images electronically
This section creates two specific offences of sending or showing flashing images electronically to people with epilepsy intending to cause them harm. "Harm" means a seizure, or alarm or distress (subsection (13)).
	Subsection (1) creates an offence of sending a communication by electronic means which consists of or includes flashing images, where one of two conditions set out in either subsection (2) or subsection (3) are met, without a reasonable excuse.
	The condition set out in subsection (2) - condition 1 - is that, at the time the communication is sent, it is reasonably foreseeable that an individual with epilepsy would be among the individuals who would view the communication, and the communication is sent with the intention that such an individual will suffer harm as a result of viewing the flashing images.  Condition 1 is intended to capture speculative messages sent to multiple people, for example on social media.
	The condition set out in subsection (3) - condition 2 - is that, when sending the communication, the person sending it believes that an individual whom the sender knows or suspects to be an individual with epilepsy will, or might, view it and intends that individual to suffer harm as a result of viewing the flashing images. Condition 2 is intended to capture the more targeted sending of flashing images to an individual who the sender knows, or suspects, has epilepsy.
	Subsection (4) provides that references in subsections (2)(a) and (3)(a) to viewing the communication include references to viewing a subsequent communication forwarding or sharing the content of the communication. The offence in subsection (1) may therefore be committed by a person who forwards or shares the electronic communication, as well as by the person sending it.
	Subsection (5) provides that the exemptions contained in section 161 also apply to an offence under subsection (1). This means that an offence of sending flashing images electronically cannot be committed: by recognised news publishers; by those with licences under the Broadcasting Acts 1990 or 1996; by the holder of a multiplex licence; by the providers of on-demand programme services; or in connection with the showing to members of the public of a film that was made for cinema.
	Subsection (8) creates an offence of showing another person flashing images by means of an electronic communications device. The offence is committed if a person shows an individual flashing images, for example on a mobile phone screen, when showing the images knows or suspects that the individual concerned is an individual with epilepsy, intends that that individual will suffer harm as a result of viewing them, and if the person has no reasonable excuse for showing the images.
	Subsection (9) provides an exemption for healthcare professionals acting in that capacity.
	Subsection (10) provides that a person who commits an offence under subsection (1) or (8) is liable: on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both); on summary conviction in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both); and on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both).
	Subsection (11) provides that it does not matter whether images may be viewed immediately or only after some action, such as pressing play, is performed.
	Subsection (12) provides that references to sending a communication or showing flashing images include references to causing a communication to be sent or causing flashing images to be shown.
	Subsection (13) provides further definitions for the purposes of the section.