SpeechHARMFUL DIGITAL COMMUNICATIONS (UNAUTHORISED POSTING OF INTIMATE VISUAL RECORDING) AMENDMENT BILLThird ReadingLOUISA WALL (Labour) (remote): Te Māngai o te Whare tēnā koutou katoa. I move That the Harmful Digital Communications (Unauthorised Posting of Intimate Visual Recording) Amendment Bill be now read a third time. I would also like to say kia kaha Aotearoa New Zealand. There are things happening outside our Parliament at the moment and we need to remember that we are here for all of Aotearoa New Zealand. I'd like to thank the 74 submitters and the 22 oral submitters on this bill. And my recognition of our submitters really is about the sharing of their experience of intimate image-based sexual abuse and matters to do with intimate visual recordings that they have not consented to being shared with anyone other than sometimes their partners or people that they've engaged in sexual relations with. But in other instances they haven't given consent at all for that recording to be created in the first place. I would like to acknowledge the advisers from the Ministry of Justice support from the Office of the Clerk the Parliamentary Counsel Office and I particularly want to acknowledge Marion Clifford who helped in the initial drafting of this piece of legislation. And can I also take this opportunity to highlight the leadership of Ginny Andersen as the chair of the Justice Committee and also mihi to the other members of the Justice Committee. He mahi pai and thank you very much for your diligent work.At this the third reading I think it's important to again highlight the significance of image-based sexual abuse. And to do so I found a piece of research titled Image-based Sexual Abuse which was an international study of victims and perpetrators. It had over 6000 respondents; 2000-plus from Australia from the UK and from New Zealand. They also compared image-based sexual abuse between 2017 and 2020. The non-consensual sharing of intimate visual recordings has almost doubled within that context—that three-year period. And this is related to the shifting practices in technological use in dating and also in how people are now having sex.The problems that were identified within that context point to issues of victim blaming and also the minimisation of the impact of image-based sexual abuse. The key findings from that study highlight that women are the majority victims of image-based sexual abuse but also younger people—those aged between 20 and 29 years those who belong to sexually diverse groups those who belong to ethnically diverse groups and it also says that men are victims of image-based sexual abuse too. Last night in preparing for the third reading today I received two emails from two women survivors of image-based sexual abuse. One had intimate visual recordings taken without her consent. The other had intimate visual recordings that she did consent to; they were shared between lovers and they were for your eyes only". Both were feeling let down by the current law because there were no charges able to be laid under the Harmful Digital Communications Act. One of the perpetrators shared these and didn't intend harm; the other sold those images to OnlyFans to make a profit—OnlyFans by the way is a porn site.From the international study that I quoted earlier perpetrators' motivations for this type of abuse are that they do it for fun they do it to be sexy they do it to impress friends. They do it to maintain relationships for attention for revenge to embarrass their partner to control their partner for financial gain and to obtain further images. In all instances no there is no understanding or thought to the harmful impacts upon the victim and there's no recognition that image-based sexual abuse is harmful.In 1998 academic Liz Kelly in her article titled "Surviving Sexual Violence" discussed how women were encouraged to deny or minimise the impact of obscene phone calls of flashing of peeping of wolf whistles. Women were told just to ignore such conduct. Clare McGlynn and Erika Rackley who coined "image-based sexual abuse" in 2017 noted women being advised not to take online abuse so seriously and to get a sense of humour. Image-based sexual abuse is on a continuum with other forms of sexual violence and must not be tolerated. With this amendment bill we empower the survivors of image-based sexual abuse. There will be no need to prove intention to cause harm. There will be no need to prove the nature of the harm caused. If there is no consent these sexual abusers are criminals under this law.My Image My Choice is now a global campaign. It was started in December 2020 by victims of image-based sexual abuse to provide a safe and supportive environment for survivors to speak about their experiences of image-based sexual abuse. The goals are to change laws to empower survivors with the legal framework to hold sexual abusers to legal account—that no consent to make tape or share intimate visual recordings. I really wanted to end by sharing why it's so important and what the harms of image-based sexual abuse are. A recent report titled Shattering Lives and Myths was conducted over respondents from the UK Australia and New Zealand. They interviewed 50 victims or survivors of image-based sexual abuse. Again that was McGlynn and Rackley who were part of the research team but also Professor Nicola Garvey from the University of Auckland. Their key findings were that image-based sexual abuse shatters lives that there are significant numbers of victim survivors who experience profound social rupture. Social rupture means that people break down in all aspects of their lives and in fact some women also suicide—that the threats that they experience are life-threatening and paralysing leads to intense isolation from friends from family. The online world and society in general categorises many experiences. Victims spoke of how the abuse that is constant ongoing and relentless shatters not only their lives but also the lives of those who love and support them. Image-based sexual abuse therefore is motivated by control by misogyny and also by a feeling of men's entitlement and laddish attitudes. It causes gendered harm and the lack of support leaves victims isolated and they have to navigate processes—legal processes—alone often most of the time. So what this bill says to survivors is that you are not alone that Parliament supports you that society supports you. And finally to the survivors and again those who participated in this parliamentary process ngā mihi aroha ki a koutou. Don't stop using your voices. There is more to be done and Parliament—all of Parliament—is listening. Nō reira tēnā koutou tēnā koutou tēnā tātou katoa. Kia ora. ASSISTANT SPEAKER (Hon Jacqui Dean): The question is that the motion be agreed to."