The law requires you to intend to cause alarm or distress when flashing for it to be criminal.
Which is probably a good line in the sand. If they decide that’s what he’s done then he deserves to be in serious trouble.
From what I’ve seen though he’s not some deviant jumping out of the bushes to scare people, and he’s not deliberately made strangers see his genitals as some sort of intimidation or power play as
@kaz7 seems to think he is. He’s an immature drunkard on a night out and flashes some friends for reasons unknown in their booth. For all we know they dared him to do it and not one person has unwillingly seen anything.
No one seems shocked or surprised, no one seems to have complained to the bar or police, they all jump in the minivan to go on to their next destination. Prior to the tabloids getting hold of it no one cared at all.
He’s damaged his reputation, probably his standing at the club and undoubtedly his marriage.
I don't think we need to compare him to Wayne Couzens or Louis CK just yet.