Moved by
Lord Marks of Henley-on-Thames
98: After Clause 28, insert the following new Clause—
“Publication of private sexual images
(1) It shall be an offence for a person to publish a private sexual image of another identifiable person without their consent where this disclosure causes distress to the person who is the subject of the image.
(2) A person is not guilty of an offence under subsection (1) if he or she-—
(a) reasonably believed that the person who is the subject of the image had consented to its publication;
(b) reasonably believed that the publication of the image would not cause distress;
(c) reasonably believed that the image had previously been published; or
(d) did not intend to publish the image.
(3) For the purposes of this section it is immaterial who owns the copyright of the published image.
(4) An offence under this section is punishable by—
(a) on conviction on indictment, imprisonment for a term not exceeding 2 years or a fine (or both);
(b) on summary conviction, imprisonment for a term not exceeding 6 months or a fine (or both).