Secretary of State for Justice (): 'I wish to inform the House
that the Government intends to legislate to introduce a package
of new criminal offences on intimate image abuse when
Parliamentary time allows. We also intend, to make some of these
changes earlier by way of Government amendments to the Online
Safety Bill.
Intimate or sexual images can now easily be taken, copied or
shared without consent and used for unacceptable, cruel or
malicious reasons. This behaviour can be highly intrusive,
humiliating and distressing. It is therefore important that we
ensure that our legal framework effectively deals with this
behaviour.
The Government intends to bring forward a package of criminal
offences based on the recommendations made in the Law
Commission’s report ‘Taking, Making and Sharing of Intimate
Images Without Consent’, which was published in July 2022. We
will create a new ‘base’ offence of taking or sharing an intimate
image without consent, and three further, more serious, offences.
Two of these more serious offences will cover instances where the
intimate image is taken or shared without consent, and with the
intention of obtaining sexual gratification, or of causing
humiliation, alarm or distress to the victim. The third more
serious offence will target those ‘threatening to share’ an
intimate image. Finally, we intend to introduce a fifth new
offence, aimed at prohibiting a person from installing equipment
with the intention, or enabling them or another person, to commit
the offence of taking an intimate image without consent.
These measures will involve the repeal or amendment of several
current offences, and the creation of a new, more coherent
package of measures. Whilst we have already created criminal
offences to deal with upskirting, revenge porn and breastfeeding
voyeurism, this new package of offences will also ensure that we
deliver on the PM’s pledge to criminalise “downblousing”.
These new offences will provide the police with the powers they
need to fully investigate this increasingly intrusive and
disturbing behaviour; and address mounting public concern around
the law’s ability to deal effectively with the harms caused by
non-consensual taking, making and sharing of intimate images.
In addition to this medium-term plan, we do have the opportunity
in the Online Safety Bill, to address some of the current
concerns with the criminal law. We will therefore bring forward a
Government amendment to the Online Safety Bill during the Lords
stages of the Bill to address concerns in relation to the sending
of intimate images including addressing matters concerning intent
and the type of images the offence will cover. Introducing these
specific measures in the Online Safety Bill will ensure that we
provide victims with the additional protection they deserve
sooner rather than later.
I would like to take this opportunity to express my sincere
thanks for all the important work that the Law Commission has
carried out as part of this review and which has enabled the
Government to conclude there is a need to legislate.'
