Digital Image Abuse — House of Commons, 2021-12-02
Topic: Law and Crime
James Roger Cartlidge (Conservative, Centre-right): My right hon. Friend makes an excellent point, and once again she highlights her incredible expertise on these matters. She will be aware that the way Parliament often works is that individual campaigns generate momentum and become specific offences—I would not use the phrase "ad hoc," which is almost demeaning to those campaigns, which are incredibly important and powerful. That is the reality of how this place makes law at times, but she is right that we need to consider the broader picture. I know where her focus is, and I will be coming to the Law Commission, which will feed into that point My colleagues in the Department for Digital, Culture, Media and Sport are busy preparing the online safety Bill, which will include provisions to tackle illegal and legal-but-harmful content, including criminal deepfake pornography, sexual harassment and abuse that does not cross a legal threshold. Under the Bill all companies will need to take action against illegal content and ensure that children are protected from inappropriate material. Major platforms will also need to address legal-but-harmful content for adults, which will likely include online abuse. Ofcom will have a suite of enforcement powers to deal with non-compliance, including fines of up to £18 million or 10% of qualifying annual turnover The Joint Committee that is scrutinising the Bill is due to report before recess—by 10 December. We will table the Bill as soon as possible, subject to the parliamentary timetable, but we must not rest. I assure the House that we do not take concerns in this sensitive area lightly It was with those concerns in mind that the Government asked the Law Commission to review the law on the taking, making and sharing of intimate images without consent, to identify whether there are any gaps in the scope of protection already offered to victims. Importantly, the review has considered the law on manipulated images such as those created by deepfake technology and the protection that the existing law affords On 27 February 2021 the Law Commission published the consultation paper on its review, and the consultation ended on 27 May and put forward a number of proposals for public discussion. I understand the Law Commission is due to publish its final recommendations by spring 2022 Although I welcome this opportunity to discuss the nature of developing technology and the production and sharing of explicit manipulated images and other offences, this is a complex area and it is right and proper that we should take time to consider the law carefully before deciding whether to add further to the raft of existing legislation that already addresses these issues. It is important, therefore, to allow the Law Commission to finish its work and to consider in detail and with care any recommendations it produces. The Government await the Law Commission’s findings with interest and will consider them carefully I believe my right hon. Friend has previously met the Law Commission but, if it would be of interest, I would be more than happy to arrange for her to do so again, based on its latest position.