Question to the Ministry of Justice:

To ask the Secretary of State for Justice, if her Department will bring forward legislative proposals to (a) ensure that new offences are consent-based without requiring proof of motive, (b) clarify the status of nudify apps in (i) creating and (ii) soliciting non-consensual images and (c) criminalise the solicitation of sexually explicit synthetic deepfakes.

Further to our announcement on 7 January that we would introduce legislation to tackle the creation of sexually explicit deepfakes, the Government will table an amendment to the Data (Use and Access) Bill that will criminalise intentionally creating an intimate deepfake without consent or reasonable belief in consent. This delivers on our manifesto commitment and is the latest important step in our mission to halve violence against women and girls.

This offence will be tech neutral so would cover those using nudify apps as well as other technologies. The Government is considering options in relation to wider concerns about nudify apps themselves, and how best to tackle these technological developments.

Where an individual does not commit the “creating” offence themselves, but they ask someone else to do so, they may be liable under one of the offences set out at sections 44 – 46 of the Serious Crime Act 2007. These ‘inchoate’ offences apply to almost all criminal offences and would automatically apply when the creating deepfakes offence comes into force. But we want to go further and intend to introduce further provisions at a later stage of the Data (Use and Access) Bill.

On wider intimate image abuse legislation, as we announced on 7 January, we will be introducing new offences in relation to taking intimate images and installing equipment to enable someone to do so through the Crime and Policing Bill. These offences have been developed to include definitions aligned with sharing intimate images without consent, this will give law enforcement a holistic package of offences to effectively tackle non-consensual intimate image abuse, and address gaps in existing legislation. These provisions will also amend the Sentencing Code to ensure Courts have the power to order, upon conviction, that the offender be deprived of any images in respect of which they were convicted of this offence, as well as anything on which the images were stored (such as a computer or hard drive).

The Courts already have this power in relation to offenders convicted of sharing intimate images (including deepfakes) without consent. The Sentencing Council is currently reviewing their guidance on ancillary orders, including deprivation orders, and we will monitor any developments closely.