Key Facts

• It is already illegal to have mobile phones in prisons but unauthorized media content is uploaded online via community members.
• There have been about 2,000 incidents of unauthorized media being uploaded outside prison estates over the past three years.
• The bill will make it illegal to film staff on prison land and discourage individuals from uploading such content.
• Clause 1 modifies section 40D of the Prison Act 1952 to clarify unauthorized media creation from outside prisons.
• Amendment 1 excludes sound recordings made by people living near prisons from criminal liability.
• Amendment 2 specifies that unintentional recording does not constitute an offense and provides a defense for individuals.
• The Bill will apply to England and Wales in its current form.
• Amendments aim to extend the Bill's application to Scotland and Northern Ireland.
• New clauses modify Scotland's Prisons (Scotland) Act 1989 and Northern Ireland's Prison Act 1953.
• Amendment 18 ensures consistency in the Secretary of State's powers for different areas of the country.
• The Prison Media Bill strengthens the Prison Act 1952.
• HMPPS reported 890 pieces of harmful prison content online in a single year and nearly 2,000 uploads between 2020 and 2023.
• The Bill aims to remove statutory maximum limits on fines for summary conviction.
• Amendments extend the Bill's coverage to Scotland and Northern Ireland through new clauses and amendments.
• Amendment made: Clauses 1, 2, and 3 address unauthorised photographs and sound-recordings of prisons and prison workers.
• Amendments provide clarification on taking photographs or making sound recordings of material transmitted from inside a prison as covered by section 40D(1)(a) of the Prison Act 1952.
• Amendment 10 provides for Crown immunity for designated non-Crown servants working in prisons under sections 40DA and 40DB.
• The bill's extent is limited to England and Wales, with provisions made for Scotland and Northern Ireland separately.
• The new clause would make it an offense to take photographs or record audio/video inside a prison without authorization.
• A similar prohibition applies to taking images of the interior of a prison from outside its premises.
• Offenders could face imprisonment up to two years for serious breaches and fines under summary conviction.
• New Clause amends Prisons (Scotland) Act 1989.
• New Clause modifies Prison Act (Northern Ireland) 1953 section 34C.
• Offences cover taking photos or making sound recordings inside prisons, outside prisons, and of prison workers on prison land without authorization.
• Uploads to internet services are penalized under new amendments.
• The Bill has been amended and agreed upon.
• Gratitude is expressed to the Committee members, Ministry of Justice officials, Hansard team, and prison officers.
• Iona, a former Private Secretary, is thanked specifically for her contribution.