Northern Ireland legislative consent granted, Scottish and Welsh legislative consent sought. Relevant documents: 33rd and 41st Reports from the Delegated Powers Committee, 11th Report from the Constitution Committee, 5th Report from the Joint Committee on Human Rights
199: Clause 65, page 81, line 16, leave out from “person” to end of line 17 and insert—
“(a) to make or adapt a thing for use for creating, or facilitating the creation of, CSA images;(b) to possess, supply or offer to supply a thing (a “CSA image-generator”) which is made or adapted for use for creating, or facilitating the creation of, CSA images.”Member’s explanatory statement
This amendment makes a drafting change to clarify the operation of the CSA image-generator offence.
My Lords, the government amendments in this group are what I will term minor drafting changes designed to clarify the operation of the new offences in Clauses 65 to 67 and 69.
Amendments 199 to 208 and 210 to 229 make minor changes to ensure that the operation of the child sexual abuse image-generator offence at Clauses 65 to 67 is clear and consistent across the United Kingdom. Amendments 230 to 233 make drafting changes to clarify the language used in the “paedophile manual” offence at Clause 69.
These amendments do not modify the policy intention behind these offences; rather, they make necessary clarificatory changes to ensure that they operate effectively. I beg to move and hope that the House will agree.
My Lords, I welcome the Government’s technical amendments. We spent some time in Committee debating the definition of a “thing” used to generate horrific CSA images. I am pleased that the Government have tabled Amendment 201 to clarify that a “thing” explicitly includes a service.
Modern AI is not just a program sitting on a hard drive but an ephemeral, cloud-based service. By adopting this broader language, we ensure that those who provide the underlying infrastructure for CSA image generation cannot evade responsibility through technical loopholes. These may appear to be technical drafting changes, but they provide the necessary teeth for the primary offences in Clauses 65 to 67.
My Lords, the government amendments in this group are largely consequential and minor drafting changes. They relate to the important topic of child sexual abuse image generators. I have little to say to this group other than that the topic which they address is one of serious and urgent concern.
The rapid emergence of generative AI has presented new and troubling challenges. The recent Grok AI scandal, in which an AI model generated harmful sexual content publicly, some of which involved children, highlighted the potential for mainstream tools to be misused in ways that normalise or distribute abusive material. That episode underlines why robust legal safeguards are essential as technology evolves.
The Government have continued to delay passing legislation regarding AI regulation, which was alluded to as far back as 2024. I thank the Minister for his assurances that the Government will continue to monitor developments in this area and work with industry to protect children from abuse and exploitation.
200: Clause 65, page 82, line 1, leave out from “image-generator”” to end of line 4 and insert “has the meaning given by subsection (1)(b);”
Member’s explanatory statement
This amendment is consequential on my amendment to clause 65, page 81, line 16.
201: Clause 65, page 82, leave out lines 13 to 15 and insert—
“(c) “thing” includes a program, information in electronic form and a service.”Member’s explanatory statement
This amendment is consequential on my amendment to clause 65, page 81, line 16. It also clarifies that a service can be a CSA image-generator.
202: Clause 65, page 82, line 19, leave out from “person” to “for” in line 20 and insert “did the act which constituted the offence”
Member’s explanatory statement
This amendment is consequential on my amendment to clause 65, page 81, line 16.
203: Clause 65, page 82, line 25, leave out from “and” to “for” in line 26 and insert “did the act which constituted the offence”
Member’s explanatory statement
This amendment is consequential on my amendment to clause 65, page 81, line 16.
204: Clause 65, page 82, line 32, leave out from beginning to “for” in line 33 and insert “did the act which constituted the offence”
Member’s explanatory statement
This amendment is consequential on my amendment to clause 65, page 81, line 16.
205: Clause 65, page 83, line 21, leave out “obtaining actual knowledge” and insert “knowing”
Member’s explanatory statement
This is a minor drafting change.