Digital Images and Consent

Debate between Jim Shannon and Meg Hillier

Wednesday 25th April 2018 Commons Chamber

[Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)]

The taking of digital images without consent, and particularly the lack of recourse in law for victims, is a very serious issue. I pay tribute to a very brave woman, my constituent Emily, who has chosen to speak out about her experience in the hope that we can secure a change in the law. I hope that by speaking about her ordeal today, I, along with other Members who I know share an interest in this issue, can encourage others to share their experience with us so we can add their voices to persuading the Government of the need for action.

Emily found herself alone in a hotel room with a strange man. There is the prospect of legal action, so I will skip over the detail of everything that happened that day, but it came to light later that this man had filmed Emily for just over a minute while she was asleep and naked. This video was not, as far as anyone knows, distributed to any third party, uploaded online, shared or transferred to other digital platforms. The video was taken on that ubiquitous modern-day accessory, a mobile phone.

Prior to today’s debate, I have been in contact with the Government about what plans they have to legislate. So far, the answer is none, although I thank the Minister for the detailed response that came from her Department. I want to highlight today the concerns I have with the Government’s response and to push her to see what she can do to take this back into the heart of Government and push for change herself. Before I do that, I want to highlight the fact that, although my debate is focusing on this private video, there is a wider theme here. As I am sure you are aware, Mr Speaker, the hon. Member for Bath (Wera Hobhouse) is promoting a private Member’s Bill to ban upskirting—that is when someone takes a photograph up someone’s skirt. Upskirting has been banned in Scotland since 2009, and I raise the issue because its prevalence, and therefore the impact, has been exacerbated as well by the growth of mobile phone use.

That is one reason the Government’s response is not good enough. No one, least of all Emily, expects a change in the law to be without its challenges, but in this modern digital world we need laws that deal with the reality of life.

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Lady on bringing this matter to the House for consideration. Does she agree that her constituent’s case has made it clear that the law is far from settled and that our role in this place is primarily to clarify ethical issues and enshrine them in legislation? Thus far, that has not happened in this area and so we need a change urgently.

[Meg Hillier]

Absolutely. I will go on to highlight some of the expert advice we have had about where there may be possibility for change or interpretation of the law as it stands. Currently, the law does not appear to recognise the difference between viewing someone naked, and filming or photographing someone naked without their consent. I put it to Members: should it be legal for someone, whether a stranger, partner, spouse or friend, to film another person naked without their consent when they are in a private situation? Most people would say no. None of us would want bad law made in hurry, so I understand the Government may not want to rush into this, and although the initial response may have been disappointing, I get where they are coming from. However, they do need to tackle this issue. This may not be affecting that many people now, although we do not know the full extent of it, but this issue is not likely to go away while people have mobile phones in their pockets. It causes great distress, so the Government do need to think about the impact on the individuals concerned and they have to consider a way forward.