In a significant development, England and Wales have made it easier to prosecute individuals involved in sharing deepfake and revenge porn following a change in the law. The amendments to the Online Safety Bill, set to be tabled on Tuesday, remove the requirement for prosecutors to prove that perpetrators intended to cause distress in order to secure a conviction.
Additionally, the sharing of deepfake porn is being criminalized for the first time. Both offenses will carry a maximum penalty of six months in prison, which can increase to two years if intent to cause distress, alarm, or humiliation, or to obtain sexual gratification, can be proven.
Revenge porn, which involves sharing intimate images without consent, was initially criminalized in 2015. However, until now, prosecutors had to demonstrate that the act was intended to cause humiliation or distress.
Notably, TV personality Georgia Harrison, whose ex-partner Stephen Bear was recently imprisoned for sharing intimate footage on his OnlyFans account, has been among the advocates calling for a change in the legislation.
Expressing gratitude for the support she received, Harrison stated that the passed reforms would go down in history as a turning point, bringing peace of mind to victims and ensuring justice for future victims.
The government announced its intention to legislate last year, and the current amendments are part of the Online Safety Bill, which is scheduled to be voted on by Members of Parliament later this month before becoming law.
Justice Secretary Alex Chalk emphasized the crackdown on abusers who share or manipulate intimate photos, aiming to protect women and girls from such heinous abuse. Chalk stated that the changes would provide police and prosecutors with the necessary powers to hold these perpetrators accountable.
Deepfake incidents have been on the rise in recent years, with one website that virtually strips women naked reportedly receiving 38 million hits in the first eight months of 2021. Research indicates that one in seven women and one in nine men between the ages of 18 and 34 have experienced threats to share intimate images.
Disturbingly, between April 2015 and December 2021, more than 28,000 reports of disclosing private sexual images without consent were recorded by the police.
The overhaul of the intimate image law builds upon previous amendments and a detailed review by the Law Commission, which recommended measures to protect against intimate image abuse. Domestic Abuse Commissioner Nicole Jacobs welcomed the news, highlighting that the changes would hold perpetrators accountable for this insidious form of abuse.
She emphasized that intimate image abuse often causes significant distress to victims and survivors and is frequently part of a broader pattern of abuse that extends offline.
While many have praised the amendments, others have highlighted that further steps are required to fully address image-based abuse. Some legal experts have pointed out potential jurisdictional issues, as certain websites may be challenging to trace or hosted in countries with lenient laws on online harm and harassment. It is also common for victims to discover images resurfacing months or even years after apparent takedowns.
Rani Govender, senior child safety online policy officer at the NSPCC, commended the positive move but urged greater accountability for big tech firms regarding the content posted on their platforms. Govender emphasized the need for additional actions to tackle the creation and sharing of child sexual abuse material, which occurs on an industrial scale.
Calling for immediate action, she urged the government to close a legislative loophole that could potentially absolve tech leaders of responsibility if they fail to address their products’ contribution to child sexual abuse.
As the amendments to the Online Safety Bill progress, it is hoped that the changes will provide stronger protections for victims of revenge porn and deep fake incidents, ensuring that those who commit these offenses are held accountable under the law.
