Lords committee warned Domestic Abuse Act leaves tech-facilitated abuse in legal grey area

A House of Lords select committee has been told that the Domestic Abuse Act 2021 does not fully account for the dangers of technology-facilitated abuse, despite evidence that such tactics are becoming increasingly commonplace in domestic violence cases. Jen Reed, head of policy at University College London’s Gender and Tech Research Lab, testified that the current statutory framework treats digital coercion as a peripheral online safety issue rather than a core component of domestic abuse.

Reed provided the committee with specific examples of how digital tools are weaponised, including the installation of stalkerware and spyware on victims’ phones, and the use of hidden tracking devices like AirTags sewn into children’s clothing to monitor their movements during visitation orders. She also cited cases where smart fridges were used to restrict food access and smart speakers were remotely activated to play triggering music, illustrating the breadth of digital control.

While the Domestic Abuse Act 2021 established a statutory definition that encompasses coercive and controlling behaviour, it does not explicitly mention technology. Reed argued that this omission creates a gap where cases fall between the cracks, with frontline services often interpreting tech abuse through the lens of general online safety rather than domestic violence. This misclassification, she warned, undermines the severity of the harm and affects how support services respond to victims.

The urgency of the issue was underscored by a cybersecurity report released by Kaspersky on Tuesday, which found that 45 per cent of respondents globally had experienced tech abuse in the past 12 months. Reed noted that while statutory guidance for the Act was updated in July 2022 to explicitly include tech abuse, the lack of reference in the primary legislation continues to influence institutional interpretation and response.

Concerns were also raised regarding the normalisation of digital monitoring among younger demographics. A UK-wide poll by Refuge in March indicated that young people are less likely than other age groups to identify the signs of abuse. This aligns with findings from the Youth Endowment Fund, which reported that 19 per cent of surveyed teenagers said their partners had tracked their phones, and 14 per cent reported location tracking, suggesting a dangerous blurring of boundaries in intimate relationships.