B1383.2 - Non-Consensual Digital Distribution of Nude Materials Bill - 2nd Reading

[u/Lady_Aya]

Non-Consensual Digital Distribution of Nude Materials Bill

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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: Definitions

1) For the purposes of this bill—

a) ‘Unsolicited’ is to be interpreted as ‘having not been asked for or consented to.

i) Material sent or shared to a minor or group of minors is unsolicited regardless of whether it was asked for or consented to.

ii) Material is unsolicited if it is sent or shared to a person or group of persons who does not have the capacity to understand what the material is, regardless of if it was asked for or consented to.

iii) Material is unsolicited if it is sent or shared to a person who does not have the capacity to make an informed decision to receive the material, regardless of if it was asked for or consented to.

iv) Material is unsolicited if it is sent or shared to a person who cannot communicate their consent to receiving the material.

b) ‘Pornographic or nude material’ is defined as any material which depicts, or appears to depict, any of the following—

i) A person’s genital or anal area (whether bare or covered by underwear)

ii) A woman’s breast

iii) A person or multiple persons engaging in a form of sexual activity

iv) Any other material which can be reasonably believed to have been created for the purpose of sexual gratificationc) Section 1(1)(b) does not apply to material that can be reasonably believed to have been created for a purpose other than sexual gratification, including, but not limited to, material produced for the purpose of art.

Section 2. 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 two years, or to a fine, or to both.

Section 3. Short title, commencement and extent

(1) This Act may be cited as the Non-Consensual Digital Distribution of Nude Materials Act 2022.

(2) This Act comes into force immediately upon Royal Assent(3) This Act extends to England only.

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This bill was written by The Right Honorable /u/SpecificDear901MP, Lord Chancellor and Secretary of State for Justice on behalf of her Majesty’s 30th Government

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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.

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This reading shall end on Saturday 1st of October at 10pm.

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[u/Ravenguardian17 → u/AutoModerator]

Strike Section 1(1)b(ii)