Criminal Justice Bill (Sixth sitting)

Debate between Mark Garnier and Alex Norris

Committee stage
Thursday 11th January 2024 Public Bill Committees

[Mark Garnier (Wyre Forest) (Con)]

I am very sympathetic to the hon. Member’s point about deepfake intimate images, but I wonder why he does not extend the provision further to what might be embarrassing images. We are in a room full of politicians who are about to go into a general election. Deepfake images of prominent politicians at rallies, for example—such as a leading left-wing politician being seen at a far-right rally in a deepfake—would be just as damaging to people in public positions, without necessarily being intimate. Does the hon. Member feel that the amendment could extend to that?

[Alex Norris]

The hon. Member for Wyre Forest makes a very good point. The reason that I stopped short of doing that is that I was trying to stay within the “intimate” framing, but he is absolutely right. As we go into an election year, we will see, both in the States and over here, that being a real challenge to our democracy and to how we conduct campaigning. This provision would certainly not be right for it, but a new clause might be. That is good inspiration from the hon. Member, and I am very grateful for it.

The Committee heard about this during the evidence sessions for the Bill. Dame Vera Baird, the former Victims’ Commissioner, made the point very powerfully. She said that this use of deepfakes

“needs making unlawful, and it needs dealing with.”––[Official Report, Criminal Justice Public Bill Committee, 12 December 2023; c. 62.]

Indeed, she said she could not understand why they had not been banned already, and I agreed with her on that point. Amendment 57 is designed to address that. It will make it an offence for someone to intentionally create or design

“using computer graphics or any other digital technology an image or film which appears to be a photograph or film of another person...in an intimate state”,

whether that be for “sexual gratification”,

“causing alarm, distress or humiliation”

or offences under the Sexual Offences Act 2003.

The amendment is an important addition to what we have. Some important progress was made with the Online Safety Act 2023, but I think this finishes the job. I am interested in the Government’s view on whether where they went with the Online Safety Act is where they intend to finish, as opposed to going that little bit further. I will close on that point, but I will be very interested in the response.