Manipulated Images Bill

A BILL TO

Make provision for relevant information about advertisements in which an image or images have been graphically enhanced, to be made available to the consumer by labelling, and for connected purposes;

BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Definitions

(1) For the purposes of this Act—

(a) an “image” is any representation of a person, animal or any other object which has been photographed for the purpose of advertising, promotion or representation of a product, service or brand;

(b) a “graphical enhancement” is any addition or removal of any item or part of a item in an image after it has been photographed (excluding the pixelation or addition of black rectangles to an item or part of an item for the purpose of censorship).

(c) an “advertisement” is a form of marketing communication in print, electronically or other technological means, intended or available to the public;

(d) an “advertiser” is a person, corporation or organisation which is responsible for the content and or publication of an advertisement(s).

2 Advertisement of manipulated images

(1) An advertisement in which an image or images have been graphically enhanced shall include a clarification of this fact.

(a) the statement as provided under section (1) shall appear in a prominent place in the advertisement;

(b) the statement as provided under section (1) shall take up no less than 7% of the advertisement’s area;

(c) the advertisement’s use of colour and size for the 2 statement must not make it so the statement is unnecessarily concealed or obscured from the viewer.

3 Offences related to manipulation of advertisements

(1) An advertiser is guilty of an offence if—

(a) an advertisement is published without the statement as required under section 2(1);

(b) the statement as required under section 2(1) contravenes section (2) subsection (1)(a) and or (1)(b) of this act.

4 Penalty for offences

(1) An advertiser guilty of an offence under section 3(1) shall be liable —

(a) on summary conviction, to a fine not exceeding the statutory maximum; or

(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding two years both.

5 Due diligence defence

(1) In any proceedings against a person for an offence under regulation (4) it is a defence for the advertiser to prove —

(a) that the commission of the offence was due to —

(i) a mistake;

(ii) reliance on information supplied to them by another person;

(iii) the act or default of another person;

(iv) an accident; or

(v) another cause beyond their control; and

(b) that they took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by themselves or any person under their control.

(2) A person shall not be entitled to rely on the defence provided by paragraph (1) by reason of the matters referred to in paragraph (ii) or (iii) of paragraph (1)(a) without leave of the court unless—

(a) he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was in his possession; and

(b) the notice is served on the prosecutor at least seven clear days before the date of the hearing.

6 Implementation

(1) The Secretary of State shall be responsible for the implementation of this Act.

7 Short title, commencement and extent

(1) This Act may be cited as the Manipulated Images (Advertisements) Act 2015.

(2) This Act comes into force after a period of 6 months beginning with the day on which it is passed.

(3) This Act extends to the United Kingdom of Great Britain and Northern Ireland.

This was submitted by the Rt. Hon. /u/RachelChamberlain MP on behalf of the Government.

First Reading

Voting on this motion will end on the 27th of August at 10pm BST.

Vote Aye, Nay or Abstain. Comments with anything else will be deleted. Comments that are edited will be void and not counted.