M
Member
Speaking in the House of Lords on 28 January 2025
Debate
Data (Use and Access) Bill [HL]Contribution
As I have said, the principle of consent outlined in Amendment 69 is fundamental. The amendment would remove the need for the victims to prove malicious intent by the perpetrator. Frankly, I find it difficult to envisage circumstances in which someone could produce such images or films with innocuous or benevolent intent. However, it is absolutely right that the accused should have to demonstrate a reasonable excuse for the production or solicitation of such material, or a reasonable belief that consent had been given. In this context, it may be that we can look at making intent an aggravation, if those who think intent is so important to this think that it should be present. That would open up the possibility of the highest sentences.
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