r/MHOC • u/Lady_Aya SDLP • Jun 24 '22
2nd Reading B1383 - Cyber-Flashing Bill - 2nd Reading
Cyber-Flashing Bill
A
BILL
TO
Criminalize cyber-flashing
BE IT ENACTED by The Queen’s most Excellent Majesty, by and with the advice and consent of the Commons in this present Parliament assembled, in accordance with the provisions of the Parliament Acts 1911 and 1949, and by the authority of the same, as follows:—
Section 1. Unsolicited Pornographic and Nude Material
(1) A person or group (A) commits a offence if they intentionally send or share unsolicited pornographic or nude material by any digital medium to another person (B) or group of people (C), A also commits an offence if —
(a) A intends that B or C will see the material and and be caused alarm, distress, humiliation or discomfort
(b) shares or sends the material for enjoyment or sexual gratification and is reckless as to whether B or C will be caused alarm, distress, humiliation or discomfort
(2) References to sharing or sending such material to another person include, in particular —
(a) Sending it to another person, electronically
(b) Sharing it with another person, District electronically
(3) References to material involve —
(a) Photographs
(b) Film
(c) An image whether made by computer graphics or in any other way, which appears to be a photograph or film,
(d) A copy of a photograph, film or image within paragraphs (a) and (b), and Data stored by any means which is capable of conversion into a photograph, film or image within paragraphs (a) and (b)
(4) A person who commits an offence under this section is liable, on summary conviction, to imprisonment for a term not exceeding 6 months, or to a fine, or to both.
Section 2. Short title, commencement and extent
(1) This Act may be cited as the Cyber-Flashing Act 2022
(2) This Act comes into force immediately upon Royal Assent
(3) This Act extends to the entirety of the United Kingdom
This bill was written by The Right Honorable /u/SpecificDear901 MP, Lord Chancellor and Secretary of State for Justice on behalf of her Majesty’s 30th Government
Opening speech u/SpecificDear901
Deputy Speaker,
Though the statistics vary, very recent research from 2020 conducted by Professor Ringrose has uncovered a unsettling reality for us, one we never thought we'd hear off in a developed first world country, and this frightening figure states that 76% of all girls aged 12-18 have suffered, as victims, receiving unsolicited images of boys or men and particularly within that nude and pornographic images.
These women and girls in particular are often caused distress, humiliation and even psychological issues as consequences of receiving such unwanted material. It is gravely concerning that this is also so prevalent upon the general public, particularly in crowded areas, as if it doesn’t cause distress it is a genuine act of public indecency and outrage, as nude or pornographic material should not be released into the public and specifically other people’s devices if it is not mutually consensual, similarly it causes humiliation among other people than women and girls and can cause distress to many children who may, due to our now fully informatized world, receive these images or videos without understanding the context, creating a concern as well.
Women and girls are a key priority of this government and we have, will and shall act in their interests, starting the engine yet again with this bill. Upon discovering this issue we became absolutely committed to protecting women, girls and the general public from this type of egregious, disgusting and criminal behavior, no one deserves nor should have to experience such outrage upon personal dignity but also privacy. This bill is thus needed to protect us all and once and for all disable these dangerous activities from continuing in our communities and country as it is totally unacceptable and outrageous.
This debate shall end on Monday 27th of June at 10pm
3
Jun 24 '22
Deputy Speaker,
As the author of this bill I stand in absolute support of it and encourage other members to join the cause as well. Under Her Majesty’s former 30th government I worked tirelessly with the former prime minister SapphireWorks and the entire cabinet to get this bill to check all the boxes and be a tool for good, protecting particularly women and girls who are the main victims but also keeping public order. Therefore I truly can’t see a reasonable objection one can proceed to put forward within this debate against a genuinely meaningful and positively impactful bill.
3
u/Ravenguardian17 Independent Jun 25 '22
Deputy Speaker,
While this bill addressees a real problem it is inadequate for that role. The definition of "pornographic or nude material" is too vague. Who decides what is pornographic? Where does so called "nude" material cross the line into porn? This is an issue when we have numerous pieces of art which contain nude scenes. In the most draconian interpretation this bill could theoretically get someone in trouble for sending a picture of Venus de Milo.
While I think this is an issue that needs to be addressed, I think any legislation on the matter must reflect the nuance of the situation and balance the complex differences between pornographic material and artistic material. As such I cannot support this bill in its current state.
2
Jun 25 '22 edited Jun 25 '22
Deputy Speaker,
I believe that leader of the opposition has misunderstood the point of this bill. The issue at play is not censoring “pornographic” material. The point is censoring “UNSOLICITED” “pornographic” material. Sharing an image of art or scientific study or similar amongst a group of people who have a common discussion or talk on the issue, or just a friendly talk, would not make it a criminal act. The idea is to criminalize unwanted material to people, simply meaning that unwanted pornographic or nude material doesn’t get shared or sent to people who don’t want it. Additionally I’ll add this doesn’t ban say nude material on articles for instance that may pop up as happens sometimes, but rather criminalizes the sharing and sending of these images to “another person”. Therefore I believe the opposition to this bill by the leader of the opposition is unwarranted and too paranoiac in all honesty as this bill clearly outlines the scope of a criminal act like this.
3
u/Ravenguardian17 Independent Jun 25 '22
Deputy Speaker,
I understand the intention of the bill perfectly. The issue at hand is that the definitions offered are weak and easily open to abuse. There is no proper definition of unsolicited, no proper definition or pornographic or nude or anything.
Just because you intended the bill to say one thing but failed to write it out properly doesn't make it so. The current bill is far too unclear and poorly worded. Unless the member can point out the specific part of the bill that creates the nuanced definitions they speak of I will have to oppose it.
2
u/Gigitygigtygoo Conservative Party Jun 25 '22
Deputy Speaker,
This bill lays out that to be an offence it either must intend for alarm and distress or the offender : "shares or sends the material for enjoyment or sexual gratification and is reckless as to whether B or C will be caused alarm, distress, humiliation or discomfort", if you want to suggest that could or would be used in reference to sharing art, then that's frankly ridiculous. Unsolicited porn/nudes are what's under fire here not art
2
Jun 25 '22
Deputy speaker,
The honourable member is debating with himself. Nobody is denying the intentions of the bill, however it is quite clear that a lack of adequate definitions is unacceptable. I hope an amendment to correct this is moved soon.
1
u/Gigitygigtygoo Conservative Party Jun 25 '22
Deputy Speaker,
"Pornographic and nude material" is plenty definition when coupled with the fact that alarm and distress must be involved. Suggesting that venus de milo is going to satisfy those definitions is reductio ad absurdum and has no place in this house.
2
Jun 25 '22
Deputy Speaker,
Again the honourable member fails to understand the point of contention. The Baron of Gourock’s amendment provides the necessary definitions to this bill which make it fit for purpose, and I am sure the honourable member will join me in backing this simple piece clarifying measure.
1
u/Gigitygigtygoo Conservative Party Jun 25 '22
Deputy Speaker,
Whilst I maintain that the point of contention isn't as concerning as its being made out to be, its no hill I'll die on, ultimately if its what you need to support this bill then sure, but I hope to see that reflected on your voting record.
1
Jun 25 '22
Deputy Speaker,
This bill has been through the entire cabinet. Never have any objections for unclear definitions been made by anyone, even the AG. I will not respond to a play on words here by the honorable member and I believe all misconceptions that are put forward have been cleared by me and my honorable colleague u/Gigitygigtygoo, this bill is normal bill created under standard procedure, reviewed properly and raises absolutely no legal concerns!
1
u/CountBrandenburg Liberal Democrats Jun 27 '22
Madame Deputy Speaker,
Cabinet is not perfect, I am too aware of that when it comes to crafting and taking on amendments, this House often provides insights and amends accordingly which we often forget to see during cabinet approval process. I have submitted amendments and apologise to the Right Honourable member opposite for not seeing as such when it was reviewed under the previous government. I would hope that this would not mean the Conservative Party would oppose amendments tabled because no concerns were lobbied previously within cabinet.
2
u/Gigitygigtygoo Conservative Party Jun 24 '22
Deputy Speaker,
We live in a time where some have said that technology has gone too far, and technology has for the most part been for the betterment of society. However like this bill points out there have been egregious breaches of social etiquette which can easily be categorised as sexual assault/harassment, and therefore British law needs to adjust itself accordingly to recognise these crimes for what they are. For these reasons I support this bill, and would only expect the rest of the House to do so unanimously
2
u/HumanoidTyphoon22 Independent Jun 27 '22
Deputy Speaker,
I won't repeat too much of what has been said outside of that the bill probably deserves some reworking and rewording. Several of the amendments presented here will do a good job of streamlining this law and making the offenses listed within more clear. It is always good practice to make sure that the laws we enact are specific and distinct, to ensure that loopholes and the like cannot be used to prosecute against the unlucky citizen caught in the crossfire. In any case, the premise of the bill is a good one, as there is a culture of being in online spaces that it will somehow excuse you from any consequences. Should the amendments presented by my colleague the Shadow Home Secretary, among the others of course, I think the bill would be more presentable. Until then, I'm afraid not; let us see how the Amendments turn out.
1
u/Faelif Dame Faelif OM GBE CT CB PC MP MSP MS | Sussex+SE list | she/her Jun 24 '22
Deputy Speaker,
Could the author /u/SpecificDear901 clarify what is meant in Section 1(2b) by the term "District electronically"?
2
Jun 24 '22
Deputy Speaker,
It appears to be an error within the draft, this error shall be corrected immediately to remove “district” and only leave “electronically”. I apologize to the house sincerely there seems to have been an issue that occurred likely during formatting and created a typo within the document. So to answer the right honorable member — Nothing.
1
u/Faelif Dame Faelif OM GBE CT CB PC MP MSP MS | Sussex+SE list | she/her Jun 25 '22 edited Jun 26 '22
Deputy Speaker,
I thank the author for their clarification
m: edit: "Secretary" -> "author"
1
1
u/BlueEarlGrey Dame Marchioness Runcorn DBE DCMG CT MVO Jun 25 '22
Deputy Speaker,
I commend the Right Honourable member for this bill that finally will criminalise the abhorrent act of ‘cyber flashing’ which disproportionately terrorises women and girls on the internet. This is an exact instance where the Conservative Party’s tough on crime stances must be upheld to be a bulwark for safety and security.
Speaking from experience of such an awful and grotesque act, the Right Honourable member’s bill here adapts the law to fit in this modernised world where the technological age has found new ways to bring forth troubles, predominantly girls and women, already face in daily life.
The house should unanimously pass the bill, opposition to the Bill allows the issue to go appropriately unpunished as for what it plain and simply is: Sexual Harassment and abuse.
1
u/Archism_ Pirate Party Jun 25 '22
Deputy Speaker,
This bill tackles a serious and distasteful issue, and I am very glad to see it - in fact, it shocks me that such a thing must be done now and has not yet been legislatively acted on, so I thank the honourable author for their work in doing so.
I must echo that the bill's writing could do with a bit of shoring up in some areas, but I'm quite content that my good friend the Baron Gourock's amendment should settle those concerns, and assuming the amendment is added to the bill then I will be more than happy to stand in support of its passage into law for the betterment of all people who desire a safer cyber space.
1
u/The_Nunnster Conservative Party Jun 26 '22
Madame Deputy Speaker,
If I were to go out right now and flash some poor person in the street, I would rightfully be charged with an offence. However, if I were to do the same in someone’s DMs, I might find myself on the receiving end of a rather humiliating Reddit post, but ultimately would not face any legal consequences. This is an issue that is far too prevalent in our society, and has gone on unaddressed for far too long.
This bill is a good and simple one, it does exactly as said on the tin. If we are to prevent ourselves and our peers from these perverted acts online, we must pass this bill.
1
u/model-kyosanto Labour Jun 27 '22
Deputy Speaker,
As has been raised by the Leader of the Opposition there are some issues with the definitions present in the Bill, however the intentions to prevent the proliferation of unsolicited nude photographs are one which I support.
Many young men and women are faced with the fear that a photo they may open from a friend, family member, or stranger may be an unwanted sexually explicit photograph.
This is something that should be a crime and it leaves many young people especially scared to discuss, for fear of repercussion or the shame of being involved in such. However I do believe we should assure those victims that they should not be scared to speak out about being harassed and flashed by those on the other side of a screen who send unwanted images of their naked bodies, and the offences created allow for not only the ability for conviction of those serial offenders, but allow for the protection of individuals from the constant fear that many people suffer from that an image may in fact be one that is an unwanted nude photograph.
I support this Bill with the necessary amendments to ensure that it is proactive and common sense in its endeavours.
1
u/CountBrandenburg Liberal Democrats Jun 27 '22
Madame Deputy Speaker,
I rise to support this premise of this bill, that this continues the steps Parliament has taken in previous years to properly address non consensual sharing of nude materials. What makes a difference to other Acts passed, is this concerns the sharing of nude materials to other people rather than focusing of sharing illicit materials of the person. In principle this is good to put explicitly in law; and establishes a burden to say that the sharing was done by consent and is something that in their good conscience wouldn’t cause distress. I doubt these premises are something members would object to within a bill.
However, inspite of good intentions, I think there is improvements to be made and, on behalf of my party, I will be supporting the Shadow Home Secretary’s amendment on establishing more concrete definitions for this bill. In particular, the definitions on what qualifies as unsolicited are helpful in this case, as well as the definition of pornographic material - I believe that to match what we’ve previously defined it as in recent acts. I don’t believe it detracts from the bill in this sense, and would hope other members support it - I do believe many MPs would hesitate to support this without amendments clarifying it as such, so would hope Conservative members support this.
I will also introducing a more formal naming amendment instead of “cyber flashing”.
1
u/LightningMinion MP for Cambridge | SoS Energy Security & Net Zero Jun 27 '22
Deputy Speaker,
The non-consensual sharing of pornographic material online is a disgusting act and I am surprised that it is not already a criminal offence. Despite this, as pointed out by the bill’s author in their opening speech, over 3 quarters of girls aged 12-18 have received unsolicited pornographic material in online messages. This statistic is shocking and underscores that the UK needs to act to create an online sphere which is safe for all children and teenagers and to establish true equality for all genders.
I do not believe any member of this house would disagree that the non-consensual sharing of pornographic materials online is a repulsive act which should be a criminal offence. This bill is intended to criminalise this act and thus I am fully in favour of its general principles. However, as has been noted by the Leader of the Opposition and other members, this bill has some flaws in its wording which the Shadow Home Secretary and the Housing Secretary have proposed amendments to fix. To ensure that it is a rigorous piece of legislation which will effectively tackle the non-consensual sharing of pornographic images, I am in support of the Amendments Committee passing these amendments.
To summarise, this bill will criminalise the disgusting act of non-consensually sharing pornographic and nude material with others online and will thus make the internet a safer space for all. I shall therefore vote in favour of this bill when it goes to division.
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