Non-Consensual Sexually Explicit Images and Videos (Offences) Bill [HL] Debate

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Department: Ministry of Justice
Baroness Foster of Aghadrumsee Portrait Baroness Foster of Aghadrumsee (Non-Afl)
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My Lords, it is a great pleasure to follow the noble Lord, Lord Browne, and I agree with every single thing he had to say. I also congratulate the noble Baroness on her excellent Bill and the way in which she introduced it this afternoon. I regret that, as Back-Benchers, we have so little time to speak today; however, that is less important than the import and content of the Bill. I thank her also for the manner in which she has engaged with all of us across the House, and for the discussion we had before today’s debate.

Since I arrived in this place just two short years ago last month, I have highlighted the impact of social media on women and girls and, in particular, the negative role that social media plays in women entering public life. I very much believe that the Bill, if passed, will assist in dealing with some of the worst imagery posted online, both non-consensual and deepfake. The deliberate targeting of women with non-consensual images to cause upset and distress, particularly in election campaigns, is something all democrats should be concerned about.

Last year, there was a 400% rise in new deepfake imagery online, and of course, 99% of that was of women and girls. Encouraging young women into public life is so important, and there is no doubt that social media misuse is a growing barrier to more women being involved in public life. I think it was the noble Baroness, Lady Smith, who said that, of course, you do not have to be in the public eye to be a victim, and I pay tribute to the victims who are with us today. This is even harder to deal with if you are a private individual and then all of a sudden, you are propelled into the public sphere.

The Bill will close the gaps that have transpired in the 2003 legislation, as Clause 1 removes the requirement to prove motivation. That means that those who are charged will no longer be able to argue that, “It wasn’t meant to harm” or, “It wasn’t for sexual gratification”. There is strict liability, which is really important, and I hope the Government recognise that. Under the Bill, it is just the taking of or soliciting the taking of the non-consensual sexually explicit photo or film which becomes the offence.

Lastly, the Bill also future-proofs this area, as in Clause 1, which talks of “otherwise capturing” the photo or film. That covers screenshotting, of course, but is also widely enough drafted to deal with capturing the image or film in ways that we have not thought of. That is really important as well. We all know how difficult it is to future-proof legislation, but this is a really good attempt to do so, if I may say so to the noble Baroness, Lady Owen. I know that she has had a lot of help in doing that, and that needs to be recognised as well, because violence against women and girls continues to grow.

Unfortunately, we have had some awful deaths recently—particularly in Northern Ireland over the last six months—and, in my view, a lot of the dehumanisation of women that happens online then spills out into reality and into some terrible consequences. I support the Bill. I know that the mind of the House is to support the Bill, and I hope the Government will too.