ARThe Revenge Porn Helpline welcomes and strongly supports the amendments passed yesterday by the House of Lords to the Data (Use and Access) Bill, particularly the decision to increase the maximum penalty for creating sexually explicit deepfake images or filming someone without their consent to include imprisonment. We also stand firmly behind the removal of the ‘reasonable excuse’ defence in the context of perpetrator behaviour which has no place in legislation aiming to tackle intimate image abuse.
Prison Sentences for Perpetrators
The Lords’ support to increase the maximum sentence to imprisonment is a critical step toward recognising the profound harm caused by these acts. As Baroness Owen rightly pointed out, the absence of a custodial sentence would send a dangerous message to perpetrators that they are untouchable. There is no expectation that every case will lead to imprisonment, but the availability of such a sentence ensures that judges have the necessary tools to respond appropriately to the most extreme cases.
Intimate image abuse is a deeply traumatic violation of privacy and consent, and its impact on victims cannot be overstated. Whether images are created and shared on an industrial scale or targeted at an individual, the consequences can be devastating—leading to emotional distress, reputational damage, and even threats to personal safety. The notion that an unlimited fine is an adequate deterrent is simply not enough. We commend the Lords for recognising the seriousness of this crime and taking action to ensure that penalties reflect its gravity.
There Is No Excuse
We also welcome the Lords’ decisive rejection of the ‘reasonable excuse’ defence. As legal experts, including Lord Pannick KC and Baroness Kennedy of the Shaws, have argued, there is no justification for the creation of sexually explicit deepfake images or non-consensual filming. To allow this defence would not only undermine the seriousness of the offence but would also open the door for perpetrators to exploit legal loopholes, retraumatising victims through unnecessary court battles. Arguments that we cannot anticipate future technological developments do not justify allowing abusers to escape justice.
The recent Government’s acceptance of an amendment making it illegal to solicit the creation of intimate images without consent is another victory for campaigners and victims. This move closes a potential loophole that could have enabled individuals in the UK to commission deepfake images from overseas without consequence. By continuing to address this issue, the Lords have ensured that the law covers a broader spectrum of offending behaviours related to intimate image abuse.
Sophie Mortimer (Manger of the Revenge Porn Helpline) said ‘’We urge the Government to accept these amendments as the Bill moves to the Commons. This legislation is not just about punishment—it is about deterrence, accountability, and changing societal attitudes towards intimate image abuse. There is no excuse for violating someone’s privacy and dignity in this way, and the law must reflect that reality. We will continue to support those affected and advocate for laws that acknowledge the full impact of intimate image abuse. The message must be clear: this behaviour is unacceptable, inexcusable, and will not be tolerated in our society.’’
