Moved by
Lord Marks of Henley-on-Thames
37: After Clause 28, insert the following new Clause—
“Offence of publishing a sexually explicit or pornographic image without consent
(1) A person commits an offence if they publish a sexually explicit or pornographic image of another identifiable person (whether or not that person is engaged in a sexual or pornographic act), unless—
(a) the identifiable person consented to publication;
(b) the person who published the image reasonably believed the identifiable person would have consented; or
(c) the person who published the image has reproduced an image that has already been published by another person.
(2) For the purposes of this section it is immaterial who owns the copyright of the published image.
(3) In this section “publish” means to reproduce, share or otherwise distribute an image via the internet or other means.
(4) In this section a person is an “identifiable person” if—
(a) their face is displayed in the image;
(b) any other identifiable characteristics are displayed in the image;
(c) their name is displayed on, or otherwise connected to, the image; or
(d) the image contains any other information by which the identity or address of the person could reasonably be ascertained.”