Crime and Policing Bill

Debate between Baroness Levitt and Baroness Bertin

Committee stage
Tuesday 9th December 2025 Lords Chamber

[Baroness Levitt (Lab)]

I have already answered that, I am afraid. With the greatest of respect to the noble and right reverend Lord, I cannot give that commitment today, but he has heard what I have said.

[Baroness Bertin (Con)]

My Lords, this has been humbling for me, and it is very hard to know how to respond. There are big shoes to fill after so many amazing speeches. That is what we call teamwork and showing this Chamber at its very best. I assure noble Lords that I still have plenty of petrol left in the tank on this issue. I am very grateful for the acknowledgement that it has been a gruelling piece of work, but what would damage me more is if we did not get this right. I am not prepared to look back and think that we could have done more, and I believe that many others in this Committee would agree with that.

--- Later in debate ---

[Baroness Levitt (Lab)]

My Lords, again it would not be right to speak to this group of amendments without first thanking the noble Baroness, Lady Bertin. In her independent pornography review, the noble Baroness recommended that non-fatal strangulation pornography—commonly known as choking porn—should be illegal to possess, distribute and publish. The noble Baroness has identified, and many have already mentioned in your Lordships’ Committee as part of the debate on another group of amendments, that the prevalence of strangulation pornography is leading to this behaviour becoming more commonplace in real life. The noble Baroness is absolutely right. Evidence suggests that it is influencing what people, particularly young people, think is expected of them during sex. It is also right to point out that they are not necessarily aware of the serious harm it can cause.

In June this year, we committed to giving full effect to the noble Baroness’s recommendation. Today I am pleased to do just that. We have tabled Amendments 294, 295, 488, 494, 512, 515, 526, 548 and 555, which will criminalise the possession and publication of pornographic images that portray strangulation or suffocation—otherwise known as choking porn. These changes will extend UK-wide. The terms “strangulation” and “suffocation” are widely understood and carry their ordinary meaning. Strangulation requires the application of pressure to the neck and suffocation requires a person to be deprived of air, affecting their ability to breathe. For this offence, the strangulation or suffocation portrayed must be explicit and realistic, but it does not have to be real. For example, it can be acted or posed, or the image may be AI-generated—provided that the people in the image look real to a reasonable person.

The maximum penalty for the possession offence is imprisonment for two years. This mirrors penalties under Section 3 of the Criminal Justice and Immigration Act 2008. The penalty reflects that while the content is harmful, much of it will not depict an unlawful act actually taking place, depending on the circumstances. For publication of such images, the maximum penalty will be imprisonment for five years, commensurate with penalties for publication under the Obscene Publications Act 1959. This reflects the underlying aims of this amendment to restrict the availability of this type of pornography.

In addition, we are amending the Online Safety Act 2023 to ensure that the offences are listed as priority offences. This will oblige platforms to take the necessary steps to stop this harmful material appearing online. This change is a vital step towards our mission to halve violence against women and girls, and as I move these amendments today it is right that the noble Baroness, Lady Bertin, is credited for this change. I beg to move.

[Baroness Bertin (Con)]

My Lords, I rightly praise the Government and the Prime Minister for making this change. It shows real leadership. I speak for so many in saying thank you for taking that recommendation on board.

This amendment to ban depictions of strangulation in pornography has raised awareness more widely of how out of control online pornography has become and how it is affecting real life behaviour. I am not easily shocked these days, but I was very shocked by the example given by my friend, the noble Baroness, Lady Kidron, of how those carrying out post-mortems are now having to be trained to look for signs of strangulation. That says it all.