Data (Use and Access) Bill [HL]

Debate between Viscount Camrose and Lord Ponsonby of Shulbrede

3rd reading
Wednesday 5th February 2025 Lords Chamber

[Viscount Camrose (Con)]

My Lords, I too support my noble friend Lady Owen in her amendments. Thanks to her tireless and frankly inspiring work, we have an opportunity to make a real difference now—today. She made a powerful and disturbing case for her amendments, and we have heard in Committee, on Report and now today how important these changes are to the many women who have already been victims of deepfakes. This is clearly something we need to address urgently to protect others from being victims in future and to bring perpetrators to justice. Deepfakes can ruin lives, and now is the time to act. In this, my noble friend has our full support.

I congratulate the Government on having travelled some way in tabling their amendment today. We are disappointed that they have still not been able to deliver including solicitation in the proposed offence. My noble friend’s amendments would ensure that it is an offence to solicit—I, too, rather prefer that term—or commission the creation of these kinds of images, and we support her inclusion of solicitation in the new offence.

Of course, I understand that the Government plan further amendments, but for now we are also disappointed that they have decided not to give the courts the option of imposing a custodial sentence on those who commit this new offence, and have chosen not to remove the “reasonable excuse” defence when a defendant has intentionally created an image of this type. Given the seriousness of the new offence and its significant impact on the lives of victims, this new law must have more teeth. We support my noble friend in bringing Amendment 6 to the House, and we will vote with her on this and her other amendments if she chooses to test the opinion of the House. Like others, I rather hope she will.

I conclude by once again paying tribute to my noble friend, who has assembled such a distinguished and respected group of signatories to and supporters of her amendments. Her approach to the Bill is in the highest traditions of your Lordships’ House, and I am proud to support her today.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, this has been both a wide-ranging debate and a specific debate on the noble Baroness’s three amendments. I will deal first with the solicitation point. We have heard the strength of feeling, and the Government will not oppose the noble Baroness’s Amendments 3, 4, 7 and 10. As I said, we had wanted to do it another way, but we recognise the strength of feeling expressed in this debate.