Revenge Pornography

Martin Horwood Excerpts

Thursday 19th June 2014 Commons Chamber

[Maria Miller]

My hon. Friend puts her finger on the main issue. The law predates the digital age and as a result of the work I have done I would say that it has not kept pace with the challenges we face today. I urge her to listen to some of my later remarks, which might address some of the issues she raises.

We all owe a debt of gratitude to the people who are already doing a great deal to support those who are affected by these heinous crimes: the UK Safer Internet Centre, particularly Laura Higgins, and, of course, the experts at Women’s Aid, who are doing a great deal of work in this area. I also thank Saffo Dias, who helped me with her expert legal advice as I prepared for the debate. It is the matter of law that we must focus on.

The UK Safer Internet Centre has identified between 20 and 30 websites displaying revenge pornography that are available for people to view in the UK. Some are pay-to-view, some are free to access, but all display sexually explicit images of women that have been posted without their permission. The situation in the United States of America is so severe that three states have already passed new laws criminalising revenge pornography and more are considering following suit.

The problem, as my hon. Friend the Member for Congleton (Fiona Bruce) said, is that the law we have predates the digital internet age and fails to cope adequately with such situations. In many ways we are trying to tackle digital problems with an analogue law. We now need to look at that in more detail. Some have sought to dismiss it as something that affects only the younger generation. Although the images are for the most part electronic, many have been scanned and clearly predate digital cameras, so the issue could affect many people of all ages.

[Martin Horwood (Cheltenham) (LD)]

I congratulate the right hon. Lady on securing the debate, which is on a subject that is very important to one of my constituents as well. One of the problems she has faced is not so much the existence of the website itself, but the search engine results, which almost always put the website at the top of the search. Google, while very sympathetic, will not act without a legal sanction. Is that something she thinks it might be possible to address by changing the law?

[Maria Miller]

My hon. Friend is absolutely right. We must have the law in place first. As I will say later, if the act was illegal, of course Google, Yahoo and others would respond accordingly. The point made by my hon. Friend the Member for Congleton is that at this point in time the situation is, at best, confused. I hope that the Minister can help to shed some light on the situation today.

As with so much to do with the internet, as a society we are constantly running to try to keep up. We all agree that the internet is a force for good. For the most part, internet service providers, social media organisations and many more want the internet to liberate us to think freely, to inform ourselves and to see our backyard as the whole globe, not just our street, village or town. However, a force for good can also provide a platform for those with less worthy aims and ideals. It is in that regard that the Government do have a role.

I applaud the work that the Government have already done in that area, for example to address illegal online child pornography. We heard in the news today about the sheer scale of the problem and the use of the dark net by those who want to access that sort of appalling imagery without the threat of being traced. I saw for myself how the UK is leading the way in cross-border action on the issue when I visited the Washington-based Centre for Missing and Exploited Children last year. It is vital that that work continues.

Internet revenge porn does not involve children, but it does use sexually explicit images to publicly abuse and humiliate a victim. An image that could have reasonably been expected to remain private can, with the press of a button, be distributed without permission to thousands of individuals in seconds, through the dedicated websites I have already mentioned, but also through a number of bespoke applications such as WhatsApp, Kik, Snapchat, which has 5 million active users every day, Facebook Poke—and the list goes on.

The case studies provided to hon. Members by Women’s Aid in preparation for today’s debate are, at best, alarming, demonstrating how social media and the posting of images, or indeed the threat of posting images, are being used to threaten and intimidate women. Some of the people Women’s Aid has supported have had such images taken under duress and then distributed to family members, friends and employers. Too often the victims of such crimes have found it difficult to get action—to get the police to take the crime seriously or to get the website owner to take the material down. One revenge porn website goes a stage further still by asking victims to pay a $400 fee to have the material removed—it is called reputation management, but I can think of other words to call it—although I understand that some material has been known to reappear on the same site.

It is clear that the police are struggling to identify a way to support women who have been subjected to revenge pornography. There are, of course, civil law protections under copyright, but few people have the resources to pursue that route, and does that level of legal sanction really reflect the nature of the offence? I do not believe that it does.

Some revenge porn postings are part of a pattern of behaviour. Given the nature of the material involved, the Protection from Harassment Act 1997 could be used to provide protection in some cases. However, a series of events would have to be involved—not a one-off, which many of these postings are. I am concerned that the existing legal framework does not provide the protection required. Perhaps the Minister will detail how many revenge pornography cases have been prosecuted under the 1997 Act, to indicate how effective it is already.

The days of treating the internet as the wild west are, I am glad to say, long gone. Freedom on the internet is not unconditional. The challenge for the Government is to be able to respond swiftly and nimbly to new cybercrimes as they present themselves. Today there is a clear opportunity for the Minister to provide leadership and reassurance to our constituents. There is a need to demonstrate clearly, as is happening in the US, that revenge pornography will not be tolerated in a modern free society and that loopholes in the law will be closed, and quickly. In the US, a number of states have decided to criminalise such actions and we should take a similar approach.

The Serious Crime Bill will shortly be before the House. It would provide a vehicle, perhaps under the Sexual Offences Act 2003, to establish as a serious criminal offence the distribution, without permission of the subject, of a sexual image or recording. That would sit well alongside other similar offences in the 1997 Act, such as voyeurism and indecent exposure.

Secondly, the Crown Prosecution Service is in the process of updating guidance to courts on the prosecution of domestic violence. Although not all cases of revenge pornography involve domestic violence, many do. According to detailed research done by Women’s Aid, 45% of domestic violence survivors have experienced online abuse in some form. As part of the current consultation process, which I believe closes next month, changes need to be considered to ensure proper recognition of abusive online behaviour as yet another part of the growing spectrum of domestic violence. The proposals in the consultation do not seem to cover online abuse; perhaps the Minister could clarify whether such a change could be made.

Then, of course, there is the role of the police. The same research identifies that three quarters of women who have been victims of cyber-based domestic violence said that the police simply did not know how to respond. A critical part of getting the issue right is ensuring that the strategic policing priority given to domestic violence is turned into operational reality on the ground—something raised by the recent Her Majesty’s inspectorate of constabulary report, which identified that victims of domestic violence are still not always taken seriously by the police or, indeed, believed. That is a problem, particularly when it comes to cyber-based domestic violence.

We need to be assured that there is a strong programme of training on the nature of cybercrime and its corrosive effect. I very much welcome the National Crime Agency’s focus on cybercrime and hope that it can be expanded to include revenge pornography.

Finally, the social media and ISPs need to play their part. They should improve their policies, respond so that people can use their services safely and ensure that, when images are posted that should not be, there are clear ways to take action. I know from my discussions with Google, Facebook, Yahoo and others that they, as major global businesses, do not want their business model to include support for those who break the law. If revenge pornography were clearly illegal, they would, I am sure, ensure that such sites could not be promoted through their search engines. That issue was raised by my hon. Friend the Member for Congleton earlier.

This debate is about making sure that the law of the land supports women properly and about sending a clear message to the perpetrators of these crimes—that their behaviour should be seen as criminal and will not be tolerated. It is about saying that we as a nation show total abhorrence for all sexual abuse against women in whatever form, whether it occurs offline or online.

--- Later in debate ---

[Mr Vara]

My right hon. Friend raises another very good issue. There are questions of logistics in terms of obtaining specific information, given the number of cases involved. For example, in 2013 the number of section 2 cases proceeded against was just under 6,000—5,970, to be precise—and the number of those found guilty was 4,459. The total number of section 4 cases proceeded against was 1,040 and 641 of them were found guilty. I very much take on board what my right hon. Friend asks in terms of specifics and I would be happy to look into that, but I hope she will recognise that when such large numbers are involved there can sometimes be a logistical issue.

Other laws in the area of cyber-crime may be breached if, for example, the images have been obtained via computer hacking. Section 1 of the Computer Misuse Act 1990 provides for a criminal offence of unauthorised access to any programme or data held in a computer, which is commonly known as hacking. This carries a sentence of up to two years on indictment.

As with all crime, although we need strong sanctions when offences are committed, the ideal, of course, is to prevent them from being carried out. That is why, across Government, we are carrying out work that touches on areas affected by the use of revenge porn. For example, in schools we are giving teachers stronger powers to tackle the scourge of cyber-bullying and we are helping to educate pupils about the dangers of the internet.

My right hon. Friend is absolutely right to say that the internet is a force for good. It is a great resource for learning, entertainment and many other positive activities. It is also, of course, a great British invention. However, like many tools that are capable of doing immense good, in the wrong hands it can equally do immense harm. That is why we need to be alive to those possibilities and to take appropriate and proportionate measures to counter them.

[Martin Horwood]

I am afraid I am going to go a little further than the right hon. Member for Basingstoke (Maria Miller) and say that nothing I have heard suggests that there are any laws that can be used in a situation when, for instance, the image has not been hacked, the person is an adult, the photos are not grossly offensive—because they were probably taken in a private context originally—and Google, or whichever search engine transmits them through links, does not intend to cause offence. There do not seem to be any legal remedies among the Acts the Minister has mentioned, so I think a more thorough review of which laws need to be passed or which amendments need to be made to imminent legislation is now called for.

[Mr Vara]

If my hon. Friend can be a little patient, he might find that I will be able to give him some food for thought later. There may be remedies in the Malicious Communications Act 1988 or the Communications Act 2003, where there is a fair amount of flexibility. I will come back to the issue he raises a little later.

When indecent images have been circulated via social networking sites or abusive behaviour has occurred on social media networks, the Government expect social media companies to have robust processes in place to respond promptly when abuse is reported. That includes acting quickly to assess a report, removing content that does not comply with existing acceptable use policies or terms and conditions and, where appropriate, suspending or terminating the accounts of those who breach the rules.

The Government are working through the UK Council for Child Internet Safety, as well as at EU level, to improve the transparency of reporting processes and the ways in which reports are handled. We will continue to work closely with social media companies to ensure that they have measures in place to protect their users.

Following consultation, in June 2013, the Director of Public Prosecutions published guidelines for prosecutors considering cases that involve communications sent via social media. The guidelines are designed to give clear advice to prosecutors who have been asked for a charging decision or to give early advice to the police, as well as in the review of cases charged by the police. The guidelines seek to draw the difficult balance between protecting freedom of speech and acting robustly against communications that cross the threshold into illegality.

My right hon. Friend the Member for Basingstoke asked about the consultation currently being undertaken by the Crown Prosecution Service and specifically referred to online abuse. I am happy to look into whether the consultation covers the issue of online abuse, and I will write to her in due course.

The Government already have a strong framework of offences for dealing with, and projects in place to respond to, this deeply upsetting and, frankly, cowardly behaviour. However, I very much recognise that the internet is fast moving, and it is important for the law of the land to keep pace with it. This is a global issue. Countries such as the United States of America, which my right hon. Friend mentioned, and Australia and Israel have legislated on the issue, and other countries across the globe are looking at it further. Let me be clear that the Government take the concerns expressed by my right hon. Friend very seriously. I am happy to look again at this area and to assess the extent of the problem to see whether we need to legislate further to ensure that such behaviour is dealt with appropriately.