Part 10: Communications offences Offence to be inserted into Sexual Offences Act 2003 66D: Sharing or threatening to share intimate photograph or film: interpretation
Subsection (1) provides for this section to apply for the purposes of the offences in 66B and the exemptions in 66C.
	Subsection (2) a person would ‘share’ something if they, by any means, give or show it to another person, or make it available to another person. This includes electronic sharing, for example by posting a photograph or film on a website or emailing to someone. It also includes the sharing of a physical document, for example by giving a printed photograph to another person or displaying it in a place where other people would see it.
	Subsection (3) provides that where an internet service provider is the means by which a photograph or film is shared, they would not be regarded as a person who has ‘shares’ it.
	Subsection (4) ensures that "photograph" and "film" have the same meaning as section 66A.  Subsections (3) and (4) of that provision provides that "photograph" includes the negative as well as the positive version; and "film" means a moving image. Subsection (5) of section 66A provides that "film" and "photograph" would also include images that are made or altered by computer graphics (or in any other way) if they appear to be a photograph or film. It will therefore include genuine photographs or films that have been altered in some way, and those that have been wholly manufactured - so called "deepfake" images. Also included within the definitions of "photograph" and "film" are copies of images which have been made or altered and which appear to be a photograph or film, and data that can be converted into such an image – for instance data stored on a hard drive or disc.
	Subsection (5) provides that a photograph or film shows or appears to show a person in an "intimate state" if it shows or appears to show them (a) participating or engaging in an act which a reasonable person would consider to be a sexual (for example, engaging in sexual intercourse); (b) doing a thing which a reasonable person would consider to be sexual (for example, posing in a sexually explicit way); (c) all or part of their exposed genitals, buttocks or breasts; (d) in an act of urination or defection, or (3) carrying out an act of personal care associated with their urination, defection or genital or anal discharge. Subsection (5) specifically excludes photographs and film that show, or appear to show, anything that would otherwise meet this definition but that would be ordinarily seen in public (with the exception of breastfeeding) (subsection (8)).
	Subsection (6) provides that a person’s genitals, buttocks or breasts are still considered to be "exposed" under subsection (5)(c), if, although covered by clothing, their genitals, buttocks or breasts are visible through wet or otherwise transparent clothing (subsection (6)(a)). "Exposed" also captures a case where a person’s genitals, buttocks or breasts are covered only by underwear (subsection (6)(b)). It would also capture the case where those parts of the anatomy would be exposed but for the fact that they are obscured by something (other than clothing that the person is wearing) which provides a similar or smaller degree of coverage than underwear (subsection (6)(c)). Subsection (7) explains that the relevant part of anatomy can be "obscured" by any means (other than clothing that the person is wearing) including by part of their body, or by digital alteration (for example, if the photograph included an ‘emoji’ on the person’s breasts).