Photo credit: www.theguardian.com

Deepfake Porn Legislation Raises Concerns in Labour Party

During a recent away day, Keir Starmer urged his cabinet members to adopt a disruptive approach to policy-making, cautioning them against the dangers of complacency. However, recent developments suggest that Labour may still be grappling with indecision that undermines its bold policy goals. A significant yet overlooked legislative debate this week sheds light on this concern.

Reports indicate that tens of thousands of deepfake pornographic images are generated each week, largely featuring celebrities and ordinary women. These AI-created images carry the potential for severe emotional and social repercussions, having the ability to invade the lives of victims by being circulated among friends, family, and even potential employers. Often, the culprits are individuals with close ties to the victims, leading to devastating outcomes. As a response, the 2023 Online Safety Act made it illegal to share deepfake porn, reflecting a growing recognition of the issue’s gravity.

However, a notable gap exists in the legislation: while sharing such images is punishable, creating them remains unregulated. In light of this, Conservative peer Charlotte Owen put forward a private member’s bill last year aiming to outlaw the creation of sexually explicit images without consent. The urgency for such legislation is clear, given that existing deepfake images facilitate avenues for blackmail and intimidation against their targets. Yet, the reality of the parliamentary process means that these bills seldom succeed without government backing.

Instead, the government suggested incorporating Lady Owen’s proposals into the data bill, which was debated in the House of Lords last week. However, the proposed measures were significantly diluted. The current provisions would impose only fines for the creation of deepfake porn, negating the possibility of imprisonment, regardless of the offense’s severity or frequency. This led to significant backlash from Labour peers, who expressed their frustration with the Ministry of Justice’s stance. Several prominent members of Labour abstained during the vote as a form of protest against the government’s handling of the legislation, resulting in a significant defeat for the ruling party.

As the bill transitions to the House of Commons, there are questions about whether the government might reconsider its approach or further weaken the proposals. The lack of apparent lobbying for the rights of deepfake porn creators raises additional concerns. Notably, during the Lords debate, Labour’s Lady Kennedy highlighted the distressing case of a woman whose deepfake images circulated within her child’s school community. Other peers, such as David Pannick and Elizabeth Butler-Sloss, argued for stronger penalties, asserting that a mere fine fails to serve as a deterrent for wealthier offenders or those genuinely impoverished.

Moreover, the government’s attempt to introduce a “reasonable excuse” defense for creating obscene images prompted confusion and criticisms, as no logical justification exists for producing such content without consent. The government’s defeat on these grounds underscored the discontent with its approach to this pressing matter, and it remains unclear who exactly framed the government’s position: was it civil servants or legal advisors attempting to align with human rights stipulations regarding freedom of expression?

As the dialogue continues, the question remains whether influential figures within the government will advocate for restoring the critical provisions of Owen’s original bill. Efforts to seek clarification from Jess Phillips, the parliamentary under-secretary for safeguarding and violence against women, were met with silence, and the Ministry of Justice maintains a public stance of non-chalance.

This legislative process exemplifies a larger trend affecting Labour’s early progress; the party has displayed hesitance in championing essential reforms that resonate with its base. A perceived retreat on significant issues threatens to erode public confidence in Labour’s commitment to radical change, especially amidst challenging fiscal decisions on the horizon. In a climate where decisiveness is paramount, Labour must strengthen its resolve and advocate for critical issues without wavering, emphasizing the need to embrace disruptive policies.

Source
www.theguardian.com