Policy paper

Criminal Justice Bill: Intimate images

Updated 23 February 2024

What are we going to do?

We are creating a range of new criminal offences to tackle the taking or recording of intimate images without consent and the installing of equipment to enable these offences. These build on the new offences relating to sharing intimate images in the Sexual Offences Act 2003, created through the Online Safety Act 2023, and are based on the recommendations by the Law Commission in their 2022 report “Intimate image abuse”.

How are we going to do it?

We intend to repeal two existing ‘voyeurism’ offences that relate to recording a person doing a private act, and recording an image beneath a person’s clothing (the so-called ‘upskirting’ offence) (in sections 67(3) and 67A(2) of the Sexual Offences Act 2003 respectively) and replace them with three new offences:

• a ‘base’ offence of intentionally taking or recording an intimate image or film without consent
• two more serious offences of taking or recording an intimate image or film with intent to cause alarm, distress or humiliation; or for the purpose of sexual gratification. Offenders who commit the latter offence may be subject to notification requirements, commonly known as being on the “sex offender’s register”

These offences are designed to complement, and in some respects mirror, the new offences of sharing, or threatening to share, intimate images in the Online Safety Act 2023. This means that, as with the sharing offences, these new taking and installing offences will adopt the same approach to what is considered “intimate”, based on the Law Commission’s recommended approach to include images containing nude, partially nude, sexual or toileting behaviour. They will also enable victims, where applicable, to qualify for anonymity and special measures.

We will also introduce new offences that criminalise someone if they install or adapt equipment, and do so with the intent of enabling themselves or another to commit one of the three offences of taking an intimate image without consent. These offences would be in addition to, not instead of, the installing equipment to enable the observation offence currently under s67(4) Sexual Offences Act 2003.

Background

The non-consensual taking and sharing of intimate photographs or films can cause great distress to any victim, and is a significant and upsetting invasion of personal privacy. Recent developments in electronic communications technology offer new opportunities for abuse through the misuse of personal and intimate photographs. In 2019 the UK government therefore asked the Law Commission to review the way the criminal law addressed the taking, making, and sharing of intimate images without consent.

In 2022, the Law Commission recommended a new framework of offences, to update the current law in this area. In November 2022, the government announced its intention to create a raft of new offences to deal with intimate image abuse closely based on the Commission’s recommendations.

In the Online Safety Act 2023, the government introduced a range of new offences to target specifically those who share, or threaten to share, intimate images without the consent of the person depicted.

The provisions in this bill create a further range of complementary offences to tackle the “taking” (including the recording) of such images and installing equipment to enable a person to commit a “taking” offence.

Frequently asked questions

The Online Safety Act already includes changes to intimate image abuse offences; what does this bill add to the new act?

The Online Safety Act provisions repealed and replaced the previous offences of disclosing or threatening to disclose private and sexual images, and replaced it with four new offences of sharing, or threatening to share, intimate images.

This bill will make further changes to introduce new offences addressing the taking of such intimate images without consent, as well as installing equipment.

Together, the offences across both bills will create a comprehensive and coherent package of offences to effectively tackle intimate image abuse.

Will the new taking offence cover “downblousing” and “up-skirting”? 

Yes. These offences will cover the taking of photographs and films taken during downblousing or up-skirting if they meet the definition set out in the clause – such as when the victim has their genitals, buttocks or breasts fully or partially exposed, or covered by underwear, unless it shows or appears to show something that is of a kind that is ordinarily seen in public. The offence of harassment in public on grounds of sex may also apply.

This delivers on the Prime Minister’s commitment to criminalise the behaviour of downblousing.

The new offence will also make the taking of an up-skirting photograph easier to prove because the base offence has no requirement to prove any specific intention.

Why aren’t you making it an offence to make a deepfake intimate image without consent? 

Following an extensive public consultation with victims, the police, prosecutors and academics and further engagement with the Police and Crown Prosecution Service, the Law Commission found insufficient evidence of harm to justify the criminalisation of making an intimate image which is not subsequently shared or threatened to be shared.

We agree that this behaviour is not sufficiently harmful or culpable that it should constitute a criminal offence.

Will victims of these offences benefit from lifetime anonymity and special measures?  

Yes. By placing these offences in Part 1 of the Sexual Offences Act 2003 victims of these offences are automatically eligible for special measures and lifelong anonymity.

Why do the offences not extend to Scotland and Northern Ireland? 

The criminal law of England and Wales in relation to Sexual Offences is reserved to Westminster. Scotland and Northern Ireland have their own, separate, criminal offences.

Why do we need the installing offences? 

The Law Commission recommended a new offence of installing equipment in order to commit a “taking” offence, to fill a gap currently in section 67 Sexual Offences Act 2003 which includes an offence to install equipment if it is to commit an offence of observing (or voyeurism), but not to commit offences relating to the recording of images.

What examples do the installing offences cover? 

These offences are targeted at acts of installing and adapting equipment, which enables someone to commit one of the taking offences.

This should include acts like setting up equipment and putting it in place to be able to record, adding equipment to existing equipment (such as adding a Bluetooth mouse to a laptop with a camera to enable remote taking), and changing or modifying existing equipment (such as moving a camera lens so it focusses on the toilet rather than a sink in a bathroom).