new measures to stamp out harmful content illegally filmed in
prisons
social media companies obliged to remove material
legal loophole closed as part of plan to protect victims, staff
and boost prison security
The Prison Media Bill, introduced by , will for the first
time put beyond doubt the illegality of filming and uploading
footage filmed behind bars.
Currently it is not an offence for someone outside a prison to
upload a video they have been sent by someone in custody.
The new laws close this loophole and criminalise posting of
videos – as well as photographs and audio recordings – regardless
of whether the uploader is in custody or not. It will also
criminalise unauthorised filming of staff, including by so-called
‘auditors’, or content captured by drones. Those found guilty
will face prosecution and an unlimited fine.
Crucially by creating new offences social media companies will
now be compelled to remove the illegal content
quicker.
Last year 890 pieces of harmful prison content were found online
– retraumatising victims, threatening the security of our prisons
and the safety of staff.
MP, Minister for Prisons,
Parole and Probation, said:
Tackling harmful content filmed behind bars is critical to our
plan to protect the public and ensure the safety and security of
our prisons.
There is no place for such footage on the internet, and our
priority is safeguarding the welfare of victims and our
hardworking staff.
Those who upload this illegal content will no longer have
anywhere to hide.
Katherine Fletcher, MP, who introduced the Private Members’ Bill
that the government is supporting, said:
Crucially, for the first time, this Bill means it will not matter
whether the uploading of unauthorised images happened inside or
outside the prison – an offence would have been committed either
way. The public and particularly victims of crime must have
confidence that images of those convicted of offences are not
shown to the outside world to be commented on or
celebrated.
Importantly, the Bill will also force social media platforms to
remove such content as their use would then be for illegal or
unlawful purposes and against their terms of service.
Previously content filmed in prisons has remained on social media
platforms if it could not be proven that it was uploaded from
inside a prison’s walls.
The Bill toughens up existing legislation, namely the Prison Act
1952, by removing the loopholes that criminals have been hiding
behind to disseminate illicit and distressing content to the
public.
It follows a £100 million investment in prison security, with
airport-style scanners stopping illegal mobile phones being
smuggled by prisoners internally and new airspace restrictions
making it illegal to fly a drone within 400 metres of a prison.
