The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Lord Ashton of Hyde) (Con)
My Lords, that was brief but fun. As the noble Lord, Lord Stevenson, said, it is nice to have a sort of flashback to the many interesting debates we have had. Although not many noble Lords are in the Chamber, these are important issues and in a way I feel that I could answer the points made by all noble Lords by saying, “This is very important. I agree that the status quo is not acceptable. We understand that. The points raised will be actively considered. We have not made any final decisions and we will reach an answer in the White Paper”. I could then sit down, but I shall try to be a bit more reassuring and helpful than that.
The temptation is always to try to get the Minister to commit to things that he should not. However, the fact is that the White Paper is not finished and we have not made decisions in a lot of these cases. We are actively considering everything that has been brought up in this debate and we are certainly ready and willing to talk to all noble Lords. The noble Baroness, Lady Kidron, will have heard the Minister give evidence at the session of the Lords Communications Committee earlier today. She talked about these issues, and in a sense the noble Baroness is probably ahead of me. However, we are very happy to continue talking.
As I say, we will be publishing the White Paper on online harms this winter. Although the noble Lord, Lord Stevenson, said generously that perhaps we should suggest the spring, we mean the winter—I think we all know what winter means. That is the current plan and it will be a precursor to legislation if it is required. We will set out our plans to ensure that social media platforms take more responsibility for online harms, which is what we are all aiming for. It is a complex area and we are considering carefully all the options, including but not limited to a statutory duty of care and a regulator.
However, we have to bear in mind that the internet offers huge benefits. We sometimes spend our lives talking about the problems and the harms, but it is important to note that not only here in this country but in developing countries the internet makes a tremendous difference to growing economies, making us more productive and raising living standards. In many cases it enhances the quality of life. It is also true that the industry has taken significant steps with existing industry-led initiatives, in particular through the application of technology. We are not saying that it is perfect, which is why we are producing the White Paper. We know that in some cases legislation may be needed, but there are technological solutions and it would be wrong not to acknowledge that.
In part because of the influence of noble Lords and parliamentarians more widely, there has been a movement towards a “Think safety first” approach, which has been mentioned. In that, the safety considerations are embedded into the product development. For example, Facebook, Instagram and Apple have all recently brought in tools for users to monitor and limit their screen time. That shows the clear role that technology has to play in tackling online harms. However, we agree that more can be done and we will set out our plans in the White Paper to support the development and adoption of safety technologies, and more importantly to empower and educate users.
We have already said that as a Government we will bring forward legislation if that is necessary. We have pointed to a social media code of practice and transparency reporting as areas where we think that legislative action may be required. We are also exploring whether additional measures are needed. We know that there is public concern about a broad range of online activity ranging from terrorism to child sexual exploitation, along with children’s access to inappropriate but legal content. Of course, the boundary between the legal and the illegal is not always easy to define. We will set out a clear and coherent framework to tackle these issues in a proportionate and appropriate manner, but which importantly will also support the continued growth and innovation of the digital economy. We also do not want to stifle legitimate free speech or prevent innovation, where the UK is a significant global leader.
The White Paper will also address public concerns and ensure continued confidence in the digital economy. We know from a joint report by Ofcom and the ICO that eight out of 10 internet users have concerns about going online. Noble Lords will be aware that the Communications Committee, to which I have just referred, is undertaking an inquiry in this area and we look forward to its conclusions. We support and accept the range and openness of the debate taking place. A great deal of research is being done and we are engaging with industry as well. We have read a lot of the proposals which have been put forward but we are also engaging face to face with stakeholders. For example, the Home Secretary was in Silicon Valley just last week talking to tech companies with particular reference to child sexual exploitation as well as looking at the role of advertising, which was mentioned by the noble Baroness.
The problem with the duty of care model is that while in some cases it seems to be an easy and good answer to the problem, it is not as straightforward as it sounds and needs careful thinking through. We are not against it. We are certainly considering the different models of duty of care because it does not have a fixed meaning in English law. There are different areas, such as health and safety, environmental protection and common law; we are looking carefully at all those. Of course, that includes the model mentioned by the noble Lord, Lord Stevenson, and others, which was put forward recently by Professor Woods and Mr Perrin at the Carnegie Trust. In fact, their proposal applies only to social media companies and focuses on the processes put in place by companies to protect users. We are certainly looking at that and have not written it off in any way.
That is not the only regulatory model that might be appropriate to tackle online harms. We are looking more broadly at a range of options and examples from a wide range of sectors. I cannot be more specific than that at the moment except to say that we are keeping an open mind. We are considering the whole spectrum, from self-regulation on the one hand to a duty of care, a regulator and prescriptive statutory regulation on the other; there are several ways in which that might be put in place. I acknowledge the point made by noble Lords that a duty of care has the benefit of an element of future-proofing, which is another thing we have to consider rather than specific statutory regulation.
The other factor to bear in mind is the international aspect of this. We are working closely with like-minded countries as we design solutions. We are among the leading countries in trying to tackle this issue. Obviously, we have looked at and are considering measures such as the e-safety commissioner in Australia, an ombudsman-like model that can issue fines. The possible problem with an ombudsman is that it is a complaints-based solution and things may need to be done quicker than that; we are looking at that. Similarly, the noble Baroness, Lady Grender, talked about the German rules on taking down illegal content. We think that there are possible conflicts there with EU law but, again, we have not written that off and we are studying it carefully.
I want to take up a number of specific questions. I will allow myself a little more time—not too much longer, do not worry—because we have a whole hour and there are only four of us. The noble Lord, Lord Stevenson, asked about who is in the lead on this. The publication will be a joint effort between the DCMS and the Home Office. Despite what the noble Lord said about the lack of success, the Data Protection Act, which was a joint effort with the DCMS, worked well. Obviously, the wide range of harms that we are looking at are relevant to the Home Office and the DCMS; we are also working closely with other departments.
The digital charter is part of a rolling programme of work. The online harms White Paper is part of the digital charter, which we will continue to update and which includes things such as the Centre for Data Ethics and Innovation Consultation, our age-verification work—that will come before your Lordships’ House very soon—and the White Paper itself.
Noble Lords have asked to whom companies owe a duty or responsibility. We think that platforms should be responsible for protecting their users from experiencing harms through their services. However, defining that in an online environment is complex. We are thinking carefully about the problem of how this might look in an online environment where half a billion people, say, are online, if we say that there is a responsibility in that environment. We have to look at the theory behind this as well as the practicalities. We are considering that.
How will we enforce compliance with whatever regulations we propose? We think that we will need a proportionate suite of graduated, effective sanctions, with the aim of securing future compliance and remedying the wrongs. That comes with a variety of challenges, such as international enforcement. We are considering regulation in other areas, including with international partners in forums such as the G20 and the OECD.
On the companies that are in the scope of the proposed regulatory framework, we are looking methodically at the platforms that will be affected and on which platform users are exposed to the greatest risk. We accept that looking at a risk-based approach would be sensible. That will include, but may not be limited to, social media companies because we want this to be future-proofed and not limited to today’s business models. We are exploring how we might develop a future-proofed approach. We will seek to take a proportionate approach depending on the size of businesses and the risks associated with their activities.
I was asked whether we are looking beyond platforms and about operating systems. We need to influence the development of new and emerging platforms. As part of the design process for any new website or app, all companies should actively ensure that they build a safe experience for their customers. We will promote a “think safety first” approach for all companies and in the forthcoming White Paper set out how we will work with industry to ensure that start-ups, SMEs and other companies have the practical tools and guidance they need.
As for harmonisation of legislation, we have said—and noble Lords have repeated it—that what is illegal offline should be illegal online. As has been mentioned, the Law Commission’s recent review of abusive and offensive online communications reported on the parity between legislation offline and online. It concluded that,
“for the most part … abusive online communications are, at least theoretically, criminalised to the same or even a greater degree than equivalent offline offending … Practical and cultural barriers mean that not all harmful online conduct is pursued in terms of criminal law enforcement to the same extent that it might be in an offline context”.
Therefore we welcome the second phase of the Law Commission’s review.
The scope of online harms in the White Paper has not been finally settled, but we are looking to address the full range of harms, from the clearly defined illegal to the legal but harmful. Boundaries between such harms are sometimes hard to define. We are taking a pragmatic approach. There is clearly a place for technology in educational efforts as well as legislation. We will set out a clear and coherent framework that tackles that.
On what I said on the previous Bill about the Secretary of State’s commitments on parity, safety by design, accountability and enforcement, I see no reason to detract from that, albeit we have a new Secretary of State. I have no reason to believe that anything has changed and we will certainly look at those questions.
I repeat to noble Lords that we are trying to keep a very open mind; it is not settled. We welcome all input from noble Lords, particularly those here tonight. We look forward to the Communications Committee’s report on safety on the internet.
Our approach will be guided by some key considerations, including the responsibilities that tech companies should have to prevent and protect against online harms, the importance of innovation to the digital sector, upholding a free and open internet, and the international scale of this challenge. We will set out the details of our approach this winter.