header-logo header-logo

29 November 2022
Issue: 8005 / Categories: Legal News , Criminal , Technology , Privacy
printer mail-detail

Tackling deepfakes, downblousing & hidden cameras

A criminal offence of sharing ‘deepfakes’—explicit images or videos which have been manipulated to look like someone without their consent—is to be added to the Online Safety Bill, in a Ministry of Justice (MoJ) amendment.

The Bill, which would introduce fines and site blocks for social media platforms that fail to protect users from harmful content, is to return to Parliament next week. It was previously delayed amid Boris Johnson’s resignation and withdrawn from the schedule in October following Liz Truss’s resignation.

‘Deepfakes’ typically use editing software to make and share fake images: for example, a website that virtually strips women naked received 38m hits in the first eight months of 2021.

The government also intends to introduce a package of laws tackling abusive behaviour such as installing hidden cameras and ‘downblousing’, where photos are taken down a woman’s top without her consent. These include a new offence of sharing an intimate image without consent and two more serious offences based on intent to cause humiliation, alarm or distress, and for obtaining sexual gratification. Two specific offences will be created for threatening to share images and installing equipment to enable images to be taken.

The proposed reforms build on recommendations made by the Law Commission in July, in its paper ‘Taking, making and sharing intimate images without consent’.

Ruth Davison, CEO of Refuge, which campaigned for threatening to share intimate images with intent to cause distress to be made a crime, welcomed the proposed reforms.

However, some civil liberties organisations, including Liberty, have expressed concerns about elements of the Bill, including that restrictions on ‘legal but harmful’ content are too vague and could restrict free speech, and that it creates a two-tier approach to online and real-world communications.

Other concerns include that the Bill obliges online platforms to assess the content, which they are likely to do via machines and algorithms, thus removing any nuance.

Issue: 8005 / Categories: Legal News , Criminal , Technology , Privacy
printer mail-details

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll