Kik, Whatsapp and Chatrooms: The Dangers of Accessing Unsolicited Files

Many of the indecent images cases BSQ are involved in highlight the legal risks users face in multi-party social media chats or WhatsApp threads where illegal material is shared by a third party. Even if unsolicited, individuals may find themselves facing criminal charges for viewing or forwarding such material. Ignorance of the law in this scenario is not a defence.

You can read more about our expertise in this area and see three relevant case studies in our blog - Not So Innocent Chatter -– How Users Could Face Prosecution for Unsolicited Material sent to them on Social Media Chat Threads

Kik Messenger

BSQ are seeing an increasing number of prosecutions arising from Kik chatroom interactions.

Kik Messenger is a messaging app that allows users to send texts, pictures, videos, and other content over the internet. It uses usernames instead of phone numbers, offering a level of anonymity. It doesn’t require a phone number to register, making it popular among people who prefer not to share that information.

Users can create an account, connect with others, and chat individually or in groups in what are known as “chatrooms”. A chatroom is a virtual space where multiple users can engage in conversations and exchange messages, multimedia content (like images or videos), and other supported file types. Chatrooms can be configured to be public, private, or invite-only.

One of the problems with Kik is that interactions with anonymous strangers can lead to individuals being directed to download files in private chatrooms. Often these files are not labelled and the user will have no advance knowledge of the contents of the file. If the file contains illegal material this could trigger an alert to the police from a ISP provider. BSQ have acted in prosecutions that arise in these types of circumstances. 

Case Study – Kik Messenger Prosecution 

BSQ Client Y, was accused of accessing illegal images via the Kik social media application. After a police investigation and pre-charge intervention by BSQ partner Roger Sahota, a decision was made to take no further action against Y. You can read more about the case of Y on our blog.

Whatsapp and Chat Threads

WhatsApp is by some distance the most used social media messenger platform in the UK according to research in 2023. BSQ have acted in a number of cases where illegal material is said to have been circulated involving multiparty WhatsApp threads.

One of the dangers of subscribing to a multi-party thread is the possibility that unsolicited illegal material may be posted on it, occasionally in an attempt at dark humour by one of its participants. Any illegal material posted on a thread could be flagged by an Internet service provider and an alert sent to the police. This was the experience of BSQ Client T – see our blogs on T’s case here. T’s Phone was seized by Police and upon examination it was revealed that illegal images had been circulated on a multi-user thread by a third-party. He was then charged with making or downloading indecent images.

Despite being initially told he was unlikely to have a defence by another lawyer, T was ultimately exonerated in that case in court proceedings that took over year to conclude after he instructed BSQ.

Case Study - Google Group

BSQ’s professional client T, was accused of accessing illegal images sent via a Google group. T claimed that he had unknowingly accessed the unsolicited files posted to the group.  Initially represented by another firm and advised to accept a police caution, T sought a second opinion.

BSQ approached and successfully convinced the police that there was insufficient evidence to warrant even a caution. As a result, the investigation was discontinued.
 

How BSQ Can Help

The law and procedures in indecent images cases is far from straightforward. Most of our clients - who are mainly working professionals but can be drawn from every walk of life - find themselves in a situation they never imagined. Seeking guidance and legal advice from an experienced professional who specializes in indecent images cases becomes critical.

At BSQ, we provide an initial post-police interview consultation to our clients. During this consultation, we outline the following:

• What to expect in the upcoming legal process.

• Potential defences and alternatives to prosecution.

• Worst-case scenarios and possible outcomes.
  

Our goal is to ensure that our clients have a clear understanding of their situation and the legal options available to them.

If you are worried about your partner or a close friend or family member who has recently been arrested in an indecent images investigation, we would be happy to speak to you. As long as certain rules are complied with, we are permitted to taking instructions from third parties. 

You can find more information about our indecent images solicitors defence services, see our practice page.

 If you are accused of an indecent images offence and require legal representation, please contact our London offices on 020 3858 0851.