Digital Image Abuse — House of Commons, 2021-12-02
Topic: Law and Crime
James Roger Cartlidge (Conservative, Centre-right): As I was saying, a person who shares deepfake images of adults may in some circumstances be committing an existing offence. For example, against a background of domestic abuse, the posting or sharing of faked images could be captured under section 76 of the Serious Crime Act 2015. That offence was created specifically to target controlling or coercive behaviour in an intimate or family relationship, including when the victim is an ex-partner. We are aware that deepfake images are being used for such disturbing and cruel purposes In addition, section 1 of the Malicious Communications Act 1988 prohibits the sending of an electronic communication that is indecent, grossly offensive or false, or that the sender believes to be false, if the purpose, or one of the purposes, of the sender is to cause distress or anxiety to the recipient. Furthermore, section 127 of the Communications Act 2003 makes it an offence to send or cause to be sent through a "a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character" The same section also provides that it is an offence to send or cause to be sent a false message "for the purpose of causing annoyance, inconvenience or needless anxiety to another" Such behaviour may also amount to harassment, which is also already an offence There has been a successful conviction in which a person was found guilty of harassment after uploading images of a colleague, fully clothed, alongside images on a porn site of women of a similar shape and build as the colleague. Additionally, those who encourage others to commit an existing communications offence may be charged with encouraging an offence under the Serious Crime Act 2007 I stress, though, that the Government recognise the concerns, set out so eloquently and clearly by my right hon. Friend, about the existing communications offences. The Law Commission considered the specific offences I have set out as part of its "Modernising the Communications Offences" review, to understand whether they needed to be reformed to better tackle abusive and harmful behaviours online. The Commission has now published its final report and recommendations for reform, and my right hon. Friend the Secretary of State for Digital, Culture, Media and Sport has indicated that she is minded to adopt the harm-based offence, the false-communications offence and the threatening-communications offence Alongside the use of existing and established criminal sanctions, there is a major role for the websites that host the images. It is encouraging that sites such as Pornhub, Twitter, Reddit and several others have all announced bans on deepfake images. Such images already violate community standards on major social media platforms such as Facebook. Some sites are already beginning to turn to artificial intelligence to police the images, rather than rely on users reporting them—an example of the determination to find effective and new ways to restrict the practice. For example, Facebook uses machine learning and AI to detect near-nude images or videos shared without permission on its platforms. Bumble, a dating app, has its own "Private Detector" safety feature, which automatically blurs a nude image shared in a chat. These are important steps to protect user safety and ensure that the images are tackled head on I hope that my right hon. Friend is satisfied that the law can, in most scenarios, deal with this behaviour, and that non-criminal interventions are developing all the time, but it is of course crucial that the criminal law keeps pace with new technologies as they emerge. We continue to keep these issues under review and when we see a problem with the criminal law, we act This Government have a strong record when it comes to protecting the public from the abuse of private, intimate imagery. For example, much as a result of my right hon. Friend’s assiduous campaigning, as she said earlier, in 2015 we created the so-called revenge porn offence at section 33 of the Criminal Justice and Courts Act 2015, and only recently, during the passage of the Domestic Abuse Act 2021, we listened to the voices of victims of image abuse and supported provisions to extend that offence to capture those who threaten to disclose private sexual images with an intent to cause distress. That change has now been implemented and I am sure that my right hon. Friend, having fought so hard for the creation of the original offence, welcomes that significant extension of the protection of victims from image-based abuse. In addition, after listening to the victims of upskirting and the excellent campaign for change headed by Ms Gina Martin, we created new criminal offences in the Voyeurism (Offences) Act 2019 specifically to address that intrusive and distressing behaviour. Offenders now face up to two years behind bars, and the most serious among them will be subject to sex offender notification requirements. We do listen and we do respond.