The Voyeurism Act 2019

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Cards (7)

  • The Sexual Offences Act, 2003, had been passed before the development of the widespread use of camera phones and sharing of images online. Although the Act had criminalised some forms of voyeurism, it did not cover the new crime of ‘upskirting’ which became a major problem and intrusion in the 2010s. As such, it was difficult to prosecute the crime except under the common law provision of ‘outraging public decency’.
  • In 2017, Gina Martin (a victim of upskirting) began a campaign to have the practice criminalized, gaining 58,000 signatures on an online petition, the support of the Labour Party and the then chair of the Women and Equalities Select Committee
  • In response to this campaign, in March 2018, Liberal Democrat MP Wera Hobhouse introduced a Private Member’s Bill entitled ‘The Voyeurism (Offences) Bill’ which would have banned the practice of upskirting for the purposes of ‘humiliating, alarming or distressing’ the victim. The first reading was passed without objection on 6 March and Justice Secretary David Gauke and Prime Minister Theresa May indicated that the government would support the bill, giving it a higher chance of passage.
  • At the second reading, on 15 June (during a backbench business day) Conservative MP Sir Christopher Chope, called out ‘oppose’ which automatically stopped the proposed bill for further debate
  • Following the public outcry from Chope’s opposition, the government re-introduced it to the House of Commons on 21 June 2018 as a government bill (which cannot be delayed by one MP shouting oppose) and was accordingly given government time in the House of Commons.
  • Being a narrow and uncontroversial proposal with cross-party support, the government bill passed through all stages in the Commons and Lords very quickly, gaining Royal Assent to become the Voyeurism (Offences) Act in February 2019, coming into force in April 2019.
  • In this way you can see the particular difficulties of Private Member’s Bills becoming law, but how they can also serve to influence the government into taking action.