Ministers consider law banning taking of secret photos underneath person’s clothing - which is already illegal in Scotland

The government is considering outlawing the sexually intrusive practice of “upskirting”, the justice secretary has told MPs.



David Lidington’s comments are the first indication that ministers are examining the need for legislation to ban people secretly photographing underneath a person’s clothing without their consent in England and Wales.



Taking such surreptitious pictures – often on crowded buses or trains – has been widely condemned as sexual harassment.



One woman, Gina Martin, has started an online campaign for the practice to be criminalised after police declined to prosecute a man whom she accused of snapping pictures of her on his phone at a music festival in Hyde Park in London this summer.

Asked by Richard Burgon, Labour’s shadow justice secretary, whether he would support Martin’s campaign, Lidington said: “I have taken very seriously the representations made by Gina Martin and from some of the police and crime commissioners.

“I have asked for detailed advice on this. Before proceeding to a commitment to new legislation, I want to be absolutely certain that this would be the right course to take.”

Martin has called for section 67 of the Sexual Offences Act to be amended to specify that upskirt photos, or “creepshots” as they are also known, constitute a sexual offence. Her petition has so far been signed by more than 63,000 people.



Taking “upskirting” or “downblousing” images is already illegal in Scotland. The law was changed by the Sexual Offences (Scotland) Act 2009 which introduced a voyeurism offence.

The call for a legal change has been supported by some lawyers. Simon Myerson QC said last month: “Making upskirting a specific offence would be helpful. I would try to work it around a definition of voyeurism. At the moment it involves watching other people engaging in sexual activity.

“I would try and get a definition that says taking photos of someone’s underwear or private parts – making sure to be careful to exclude swimwear and tight leggings etc or you get into a murky situation – is an offence, unless the person gave their express consent.”

Burgon said: “There is no need for the Conservative government to delay in guaranteeing that there will be a change to the law. Instead of talking about getting further advice on whether changing the law is the right thing to do, the government needs to urgently come forward with concrete proposals of how it will do so.

“Any further delays will see justice being denied to the too-many women already suffering from this disgraceful practice.”

