Editorial | No time for delay on new voyeurism law
- A speedy legal answer to sexual offences involving hi-tech devices is needed in the wake of cases put on hold or dropped after a court threw out a charge normally applied
It does not take a lawyer to conclude that the government needs to urgently pass specific laws against upskirting and voyeuristic photography for sexual gratification. This follows court rulings that prosecutors can no longer apply the one-size-fits-all charge of “obtaining access to a computer for criminal and dishonest gain” to the use of a person’s own phone or computer, since there is no need to obtain access.
With pending cases having been put on hold or dropped as a result, this newspaper has been one voice among many urging officials to fast-track the drafting of laws against voyeuristic crimes to plug such glaring loopholes. It is therefore good to see a sense of urgency reflected in a decision by a subcommittee of the Law Reform Commission reviewing sexual offences, taken in what it sees as the public interest. The subcommittee fast-tracked its report on voyeuristic photography ahead of its remaining work on sexual crimes after taking into account strong public sentiment and the imminent need for the introduction of new offences.
What more prompting does the government need to be proactive – for a change – in updating laws? After all, Section 67 of the English Sexual Offences Act of 2003 has long provided a model. Indeed, the commission has recommended that authorities base a new law on this section. It is also good to hear the Security Bureau welcome the recommendations and promise to follow up with legislative proposals as soon as possible. This is one report that should not be allowed to gather dust, given that smartphones and computers have become a way of life. Relying on a law passed 16 years ago is hardly an adequate response to voyeuristic abuse of such devices.
The commission has recommended a new and specific offence of voyeurism to deal with an act of non-consensual observation or photo, video or digital image of another person for a sexual purpose; and a new and specific offence in respect of non-consensual upskirt photography. In a catch-all move the latter would be outlawed irrespective of whether a sexual purpose could be proved, for example when an act is committed on behalf of a third party for monetary reward. The proposals reflect community standards and expectations and should be expedited without delay.