Last Friday, 13th December 2024, I had the privilege of being invited to sit in the Peers’ Gallery of the House of Lords to hear the Second Reading of Baroness Owen’s Non-Consensual Sexually Explicit Images and Videos (Offences) Bill. Privilege aside, it was a powerful and moving, but ultimately frustrating experience filled with disbelief and anger.
The point of the session was to hear a valiant attempt by Baroness Owen to create new criminal offences around the taking of non-consensual sexually explicit images and the creation and solicitation of synthetic non-consensual sexual images, or “deepfakes”, as they are often known.
In the simplest of terms, it would be a criminal offence to take a sexually explicit photo or video of someone without their consent. And it would also be against the law to create such a picture of someone using any of the current technologies such as nudification or face swap apps on dedicated software. Crucially, it would also be a crime to ask someone else to make such images for you, known as “solicitation”. The irony here is that no-one here says (out loud) that they think this is a bad idea.
Baroness Owen spoke with power and eloquence:
“All women are now forced to live under the ever-present threat than anyone can own sexually explicit content of them. The current law is a patchwork of legislation that cannot keep pace, meaning that we are forever playing catch-up, while the abuse of women races ahead in a technological revolution of degradation. Meanwhile, victims face a challenging legal situation during a time that one survivor described as leaving her “at the brink of survival”.
And she was not alone: 24 members of the Lords spoke unanimously in support of the Bill including Baroness Grender:
“To fail to use this opportunity means more drivers of violence against women, greater legitimisation of the misogyny so rife today, and the horror of a whole generation growing up to be either victims, or perpetrators, without the full protection or understanding of the law.”
Baroness Kidron:
“The horrors that the noble Baroness set out are not problems of the future; they are here and now. Every week brings more victims and allows AI to learn from the images that it already has. It feeds a system that normalises the consumption of sexual humiliation, violence and the abuse of women and children.”
The Lord Bishop of Leeds:
“I support it for three very simple reasons. It is written as seen through the eyes of victims and survivors, which is an essential orientation in framing it. It removes motivation as a test, because the fact that these images exist is enough, and motivation is always subjective and can be argued over forever. It also restores power to the subject of the images rather than to the taker, which seems to me to be fairly essential.”
And 21 other fully supportive, unequivocal noble voices.
It was moving and inspiring to sit alongside survivors of this abuse as well as my colleagues who, like me, support the thousands of women who experience this abuse daily.
No Support from Government
But frustration and rage-induced tears came at the hands of the Government who decided not to back the Bill. Without the Government’s support, it is highly unlikely that the Bill will become law and fill the gaping holes that exist in the current legal framework.
The Government, represented by Lord Ponsonby, can merely say they “are going to try to meet the objectives of the Bill through other legislation”. By their own admission they “find it difficult to disagree with any of the points made by noble Lords, but I know there will be frustration across the House about the Government pursuing their own legislation within this Session”. As it stands, the Government will only commit to the creation offence; they have disregarded the taking offence and decided to not respond to the question of solicitation whilst refusing to rule out a requirement that the intention of the perpetrator is proved.
What’s most frustrating. I don’t know why. It makes no sense why Government would not seize this opportunity to take a well-crafted draft amendment, that centres victims and survivors, prioritises consent and future-proofs against the advancement of technology.
Baroness Owen spoke for us all when she concluded:
“I am devastated by the Government’s refusal to back this Bill, and I know that survivors will feel let down. I will continue to fight using every legislative vehicle available to me, because we cannot afford any more delays in getting these protections enshrined in law. This was about offering a clear pathway to justice for victims.”
It is reassuring to know that Baroness Owen will continue to fight on behalf of every woman who has, is or will be affected by this. It is important to know that she doesn’t fight alone and we will continue to advocate for this essential protection to be embedded within law.
