Asked by: Baroness Owen of Alderley Edge (Conservative - Life peer)
Question to the Department for Science, Innovation & Technology:
To ask His Majesty's Government what steps they are taking to tackle non-compliance regarding removal of non-consensual content from websites that host image-based abuse material.
Answered by Baroness Jones of Whitchurch - Baroness in Waiting (HM Household) (Whip)
The Online Safety Act gives online user-to-user services new duties to implement systems and processes to reduce the risks of their services being used to facilitate certain ‘priority’ kinds of offending. It also requires providers to take down illegal content when it does appear. These duties extend to intimate image abuse (IIA) content. This is a priority kind of offending under the Act. Ofcom will have strong enforcement powers where platforms fail to comply with their duties for IIA content. It can impose significant fines and, where appropriate, business disruption measures on non-compliant platforms. It can fine companies up to £18 million or 10% of their qualifying global annual revenue.
Asked by: Baroness Owen of Alderley Edge (Conservative - Life peer)
Question to the Home Office:
To ask His Majesty's Government what training members of the police are undertaking to communicate and assist victims of image-based abuse.
Answered by Lord Hanson of Flint - Minister of State (Home Office)
Intimate image-based abuse can have a devastating impact on the lives of its victims and this Government will treat violence against women and girls (VAWG), online and offline, as a national emergency.
The College of Policing set the curriculum for policing which includes educational outcomes on image-based abuse. At present, individual forces choose how to deliver this training, often by commissioning local experts and support services.
The Government is determined that every force must have the right specialist capability to investigate these crimes properly. We will therefore work closely with the College of Policing and National Police Chiefs' Council to strengthen the training for officers on VAWG.
Under the Online Safety Act 2023, it is an offence to send, share or threaten to share “deepfake” pornography. This is part of a new “base offence” that criminalises someone for sharing an intimate image without consent. This Government has committed to banning the creation of sexually explicit “deepfake” images.
Asked by: Baroness Owen of Alderley Edge (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what mental health support they currently offer to survivors of image-based abuse.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
Whilst the National Health Service does not offer bespoke mental health services to survivors of image-based abuse, anyone experiencing mental health problems as a result of such abuse is advised to seek help from their local general practitioner, NHS Talking Therapies services or through NHS 111.
Further advice for survivors is available from the Revenge Porn Helpline and other sources of emotional support for all types of abuse can be obtained through the Hub of Hope website, both in an online-only format.
Asked by: Baroness Owen of Alderley Edge (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what steps they are taking to prevent individuals soliciting a deepfake non-consensual image from jurisdictions where there are no laws against creating and sharing such images and receiving the image in the UK.
Answered by Lord Bellamy
Creating deepfake sexual images without consent is immoral and unacceptable in society. The Government has tabled an amendment to the Criminal Justice Bill that will criminalise those who create a sexual deepfake image without consent, and for the purposes of sexual gratification or to cause alarm, humiliation or distress. This builds on reforms introduced through the Online Safety Act which criminalised the sharing of, or threats to share, intimate images, including deepfakes, without consent.
Under sections 44 – 46 of the Serious Crime Act 2007, an individual who does not themselves commit a crime, may still face charges if they encourage or assist someone else to do so. These provisions will apply to the new deepfakes offence in the Criminal Justice Bill.
The situation is, however, more complicated if one or other of the people involved are not in England and Wales and whether a crime has been committed will depend on the specific facts of each case. This is because the jurisdiction of the courts of England and Wales for acts committed overseas is limited.
Section 72 of the Sexual Offences Act 2003, which in relation to some sexual offences extends the jurisdiction of the criminal courts of England & Wales to acts done overseas in certain circumstances, will not apply to the new offence. This is in line with standard Government policy that statutory extra-territorial jurisdiction should only be applied to serious and indictable offences, not summary offences. However, through the Criminal Justice Bill, we are making the two more serious offences of sharing intimate images (namely (i) sharing an intimate image without consent for the purpose of sexual gratification and (ii) sharing an intimate image without consent and with intent to cause alarm, distress or humiliation) subject to section 72 of the Sexual Offences Act , so that courts in England and Wales will have jurisdiction over those offences when committed abroad in certain circumstances.