Meeting of the Parliament 22 March 2016
Currently, the bill covers only the sharing of photographic images and film. Amendments 3 to 14, in my name, which are supported by Scottish Women’s Aid and others, seek to broaden the definition to include photographic images or film of an intimate situation; sound recordings containing intimate content; and any intimate written communication.
The purpose of amendment 5 is to tackle a loophole in the bill with regard to sharing screenshots of intimate text-based conversations, or the sharing of intimate audio or text conversations on social media, the internet or by any other means.
Scottish Women’s Aid stated in written evidence that specifying photographs and films
“specifically excludes the sharing of private and intimate written and audio communications”.
The exposure or the threat of sharing those has the same outcome: it is designed to humiliate and control the victim. Sometimes, text and images can be sent at the same time. Would we criminalise the image but not the abusive and threatening text?
That view was supported by Police Scotland in its submission, which said that the offence
“should take cognisance of all forms of communication and distribution”.
The sharing of an intimate image on Facebook without consent would be a prosecutable offence under the bill. However, if someone were to share an intimate conversation, a screenshot of an intimate conversation or an intimate audio conversation, those would not be covered, even if a non-intimate picture of the victim that could identify them was attached.
The sharing of such content could have the same effect as sharing intimate images without consent; it could cause just as much fear, alarm or distress to the victim and would be designed to do so. Looking online, I found numerous examples of such behaviour, especially in abusive relationships where the threat of sharing that kind of content was used to control the victim.
Amendment 3 is a technical amendment that would update the bill to reflect the expansion of the definition in amendment 5. Amendments 4 and 6 to 11 are all technical amendments that would replace references to “photograph or film” throughout the bill with “item”; what we mean by the word “item” is defined in amendment 5.
Amendments 12 and 13 are further technical amendments, which would add a reference to the new subsection (1A)(a) that would be created by amendment 5.
Finally, amendment 14 clarifies what we mean by “intimate” in the context of conversation, messages or communications. That needs to include references to an act that is considered sexual or content that, when taken as a whole, is considered to be of a sexual nature. Further, the content must not have been expected to be distributed or there must have been an understanding that it would be kept private.
My amendments 3 to 14 would ensure that we criminalise the process when the intent is clear that the action of sharing photographs, film, or written and oral communication is designed to cause harm or be malicious.
I move amendment 3.