‘Upskirting’ needs to be a specific offence

Councillor Mary Durkan welcomed confirmation from the Justice Minister Naomi Long that next year she intends bringing forward legislation that will make ‘upskirting’ - the recording of images underneath the clothing of another person without their consent - an offence.

Legislators in Britain have already amended the Voyeurism (Offences) Act 2019 to include ‘upskirting’ as a new offence.

Councillor Durkan said Ms. Long’s determination to include the voyeuristic practice as an offence in a Miscellaneous Provisions Justice Bill early in 2021 signalled progress.

“This new legislation is most welcome in terms of addressing a gap in protection for women and girls.

“In the absence of specific legislation, females have found themselves to be vulnerable to this cause of violation in workplaces, schools, social settings and elsewhere.

“Upskirting- the invasive activity of taking photos or videos under clothing without consent- is already a criminal offence in neighbouring jurisdictions.

“Indeed, much can be learned from the practical workings of legislation in other regions to ensure maximum protection of the safety and dignity of women here,” said the Foyleside District Electorial Area councillor.

Minister Long was recently asked by the Green Party MLA Rachel Woods whether she had any plans to introduce legislation that ‘specifically outlawed up-skirting, similar to the Voyeurism (Offences) Act 2019 in England and Wales.’

She replied: “Subject to Executive approval, I intend to bring forward legislative proposals to make up-skirting a specific offence in a Justice Bill planned for introduction in the Assembly in early 2021.”

Colr. Durkan said: “The plans for this legislation follow rigorous campaigning on this and other issues in recent years. In particular, the campaign led by teachers’ union NASUWT NI has effectively highlighted the need for change in this area while identifying deficiencies in relevant legislation in other regions.

“We now look forward to details of the legislation being the subject of full scrutiny and due consideration at the Justice Committee and Assembly.”

Justin McCamphill, NASUWT National Official Northern Ireland, has said it is imperative a specific offence is brought in to protect its members and women in general.

“That law doesn’t go far enough and there is an opportunity for Northern Ireland to have a bespoke law that deals with this issue.

“The NASUWT is of the view that comprehensive legislation which covers all forms of non-consensual distribution of private sexual images needs to be brought forward.

“The legislation should cover the range of circumstances in which private sexual images are distributed without consent, including revenge pornography and voyeurism, as well as upskirting and down blousing,” said the union official.