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Modernise the legal basis under which Border Force detects digitally held child sexual abuse material CSAM at the UK Border both inbound and outbound to ensure it is fit for the challenges of the digital age. These optimised models produce hyper-realistic CSAM that often contains the likeness of real children. The models are not currently illegal in the UK. Bring in new law to ensure there are no safe spaces for offenders to network and facilitate abuse.
The bill amends the Customs and Excise Management Act CEMA to provide Border Force with the power to require that an individual whom it is reasonably suspected is in possession of digitally stored child sexual abuse material CSAM unlocks their digital devices in furtherance of technology-enabled inspection. Refusal to allow such an inspection would constitute an offence of obstruction under section 31 of the Commissioners of Revenue and Customs Act This new offence will make it illegal to adapt, possess, supply or offer to supply a CSA image generator, punishable by a maximum sentence of five years in prison.
In this offence, CSAM will be defined in accordance with existing legislation, i. There are defences for Ofcom and the intelligence agencies to this offence as per the Protection of Children Act There is also a delegated power for the Secretary of State to permit relevant organisations to possess CSA image generators for an appropriate purpose, for example testing to determine the capabilities of the models to prevent future crime.
