New Government Measures on Violent Porn

The End Violence Against Women Coalition (EVAW) welcomes new government measures on violent porn, to ban the depiction of incest in pornography, as well as non-consensual semen-defaced imagery and screenshotting of temporary intimate images. 

Both the depiction of incest and strangulation were two key recommendations of the Independent Porn Review led by Baroness Bertin, which was informed by evidence from EVAW and other experts. 

Increasingly violent porn is shaping attitudes and behaviours

Research by Professor Clare McGlynn, Dr Fiona Vera Gray and colleagues found that one in eight porn videos promoted to first-time users of the UK’s leading pornography website describe sexual activity that constitutes sexual violence, with sexual activity between family members the largest category of abusive content.

Professor McGlynn reports that one of the first studies of internet porn, conducted in 2006, found that only 1% portrayed incest. But by 2014, incest porn was on Pornhub’s list of most popular searches.

Crime and Policing Bill amendments

The Crime and Policing Bill has now had its Report stage in the House of Lords, where the government amendments were presented, and additional amendments on pornography and image based sexual abuse were voted on and passed by Peers. 

This follows the government’s welcome move last year to ban the depiction of strangulation in pornography, and reflects years of campaigning by EVAW and other experts who have long warned about the normalisation of violence against women and girls in online content.

Incest pornography

Government amendments

• To ban the possession and publication of pornography depicting sexual activity between close family members.
• The possession offence will carry a maximum sentence of two years’ imprisonment; the publication offence a maximum of five years.
• This will be designated a priority offence under the Online Safety Act, meaning platforms will be required to take proactive steps to prevent users encountering this content, alongside the ability to prosecute individuals who possess or publish it.
• The requirements will apply across all platforms operating in the UK, including social media, video-sharing and pornography sites, with the aim of reducing the spread of such content. Ofcom will have powers to take enforcement action against companies that fail to comply, including fines or blocking access in the UK.

Baroness Bertin then pushed her amendment to a vote that would widen the definition of incest to include step-incest – aligning it with the Sexual Offences Act where sexual activity is illegal in nearly all step-relations. This was an important move as so much incest material is presented as between step father and step daughter or step siblings. This vote was won by a single vote. We are grateful to the advocacy work done by Bertin to encapsulate step-relatives, and EVAW is keen to ensure that this wider definition is upheld when the Bill returns to the commons. 

Note – this is subject to agreement in the Commons

Screenshotting temporary intimate images

Government amendments

• A new offence to criminalise the non-consensual copying of intimate images shared temporarily (for example via disappearing messages or video calls).
• The principle underpinning this is that consent to view an image temporarily is not consent to create a permanent copy.
• The offence will carry a maximum sentence of six months’ imprisonment and/or a fine.
• Victims will have up to three years to report the offence.

Baroness Bertin then pushed her amendment to vote that would create offences to possess software which can produce nude images of another individual. On winning the vote the amendment was agreed. 

This is now subject to agreement in the Commons.

Semen-defaced images

Government amendments (similar amendments previously introduced by Baroness Owen)

• Introduce an offence to criminalise the sharing of a semen-defaced image without the consent, or reasonable belief in consent, of the person depicted.
• The offence will apply to both real and AI-generated images.
• This carries a maximum sentence of six months’ imprisonment and/or a fine.

48 Hour Take-Down

The government stated its intention to bring a change at Third Reading (the next point in progression of the Bill) that would “introduce a legal duty for tech platforms to take down reported non-consensual intimate image abuse within 48 hours, to ensure that victims get rapid protection. This change…will create a strong, enforceable foundation for getting harmful material removed from online circulation, so that victims are no longer left chasing platforms for action.” EVAW has campaigned for this requirement alongside other campaigners and Baroness Owen. 

Non-Consensual Intimate Image Register

Baroness Owen pushed for a vote on the creation of a Non-Consensual Intimate Image Register of verified hashes.The register would be the authoritative source for platforms, search engines, and ISPs to block, delist and prevent access to NCII content. This amendment was agreed. 

This is now subject to agreement in the Commons.

Requirement for pornography websites to verify the age and permission of everyone featured on their site

Baroness Bertin pushed an amendment to vote that would make it a requirement for pornography websites to verify the age and permission of everyone featured on their site, and enable withdrawal of consent at any time. The amendment was passed by 3 votes. 

This is now subject to agreement in the Commons.

Mimicry of Child Sexual Abuse

Baroness Bertin pushed an amendment to vote that would extend the offence of making an indecent photograph of a child to cases where the child depicted is an adult. The amendment was passed by 2 votes. 

This is now subject to agreement in the Commons.

Nudification Apps

The government brought an an amendment to create an offence of making, adapting, supplying or offering to supply a generator of purported intimate images. 

However – in its current form this proposed amendment has been deemed by experts (including EVAW) to be extremely limited and essentially unworkable.

Power to Amend the Online Safety Act in relation to AI

The government inserted an amendment to the Crime and Policing Bill giving power to the Secretary of State to amend the Online Safety Act 2003 in relation to AI (a so called “Henry VIII” clause).

Janaya Walker, Director of the End Violence Against Women Coalition (EVAW), said:

“We welcome the government’s decision to ban pornography depicting incest, with requirements on tech platforms to take proactive steps to prevent users encountering this content. Extreme, violent porn influences societal attitudes and behaviours around sex and can normalise violent and abusive behaviours, particularly among young people who are often exposed to porn at such a young age. We are grateful to dedicated campaigners, including Professor Clare McGlynn, whose advocacy is behind this announcement.

These changes to the law signal that violence against women and girls is unacceptable and that tech platforms must not continue to facilitate or profit from it, or they will face meaningful consequences.”

Rebecca Hitchen, Head of Policy & Campaigns at the End Violence Against Women Coalition (EVAW), said:

“We have been calling on government to ban pornography depicting incest and ensure that platforms hosting and promoting this content are made to remove it. For too long porn platforms have promoted this content, meaning that more and more men are seeking it out. We know that porn has significant impacts on shaping sexual norms, so what does it say about society that sexual scenarios between step-fathers and their daughters, and between other family members is such a popular genre? 

As part of the porngraphy taskforce, led by Baroness Bertin, we have been pushing for this ban, so this move by the government is hugely welcome, alongside making semen-defaced images illegal.”

Professor Clare McGlynn, world-leading legal expert, said:

“This is a potentially transformative change in what we see in adult content sites online. If enforced, this will help end the normalisation and legitimisation of incest and other forms of child sexual abuse. But change will only come when we have a national conversation about the reality of what is freely and easily accessible online, and how it contributes to our minimisation of incest. Hardly anyone wants to talk about this, but we have to if we’re going to ever change attitudes and see this new law enforced.”

ENDS