Online Safety Bill (Sixteenth sitting)

Baroness Keeley Excerpts

Committee stage
Tuesday 28th June 2022 Public Bill Committees

[The Chair]

Good morning, ladies and gentlemen. Please be kind enough to make sure that your mobile phones are switched off.

New Clause 4

Duty to disclose information to OFCOM

“(1) This section sets out the duties to disclose information to OFCOM which apply in relation to all regulated user-to-user services.

(2) A regulated user-to-user service must disclose to OFCOM anything relating to that service of which that regulator would reasonably expect notice.

(3) This includes —

(a) any significant changes to its products or services which may impact upon its performance of its safety duties;

(b) any significant changes to its moderation arrangements which may impact upon its performance of its safety duties;

(c) any significant breaches in respect of its safety duties.”—(Barbara Keeley.)

This new clause creates a duty to disclose information to Ofcom.

Brought up, and read the First time.

[Barbara Keeley (Worsley and Eccles South) (Lab)]

I beg to move, That the clause be read a Second time.

Good morning, Sir Roger. The new clause would require regulated companies to disclose proactively to the regulator material changes in its operations that may impact on safety, and any significant breaches as a result of its safety duties. Category 1 services should be under regulatory duties to disclose proactively to the regulator matters about which it could reasonably expect to be informed. For example, companies should notify Ofcom about significant changes to their products and services, or to their moderation arrangements, that may impact on the child abuse threat and the company’s response to it. A similar proactive duty already applies in the financial services sector. The Financial Conduct Authority handbook states:

“A firm must deal with its regulators in an open and cooperative way, and must disclose to the FCA appropriately anything relating to the firm of which that regulator would reasonably expect notice.”

The scope of the duty we are suggesting could be drawn with sufficient clarity so that social media firms properly understand their requirements and companies do not face unmanageable reporting burdens. Such companies should also be subject to red flag disclosure requirements, whereby they would be required to notify the regulator of any significant lapses in, or changes to, systems and processes that compromise children’s safety or could put them at risk. For example, if regulation had been in place over the last 12 months, Facebook might reasonably have been expected to report on the technology and staffing issues to which it attributes its reduced detection of child abuse content.

Experience from the financial services sector demonstrates the importance of disclosure duties as a means of regulatory intelligence gathering. Perhaps more importantly, they provide a useful means of hard-wiring regulatory compliance into company decisions on the design and operation of their sites.

[Kirsty Blackman (Aberdeen North) (SNP)]

Thank you for chairing this meeting, Sir Roger. I have a quick question for the Minister that relates to the new clause, which is a reasonable request for a duty on providers to disclose information to Ofcom. We would hope that the regulator had access to that information, and if companies are making significant changes, it is completely reasonable that they should have to tell Ofcom.

I do not have any queries or problems with the new clause; it is good. My question for the Minister is—I am not trying to catch anyone out; I genuinely do not know the answer—if a company makes significant changes to something that might impact on its safety duties, does it have to do a new risk assessment at that point, or does it not have to do so until the next round of risk assessments? I do not know the answer, but it would be good if the direction of travel was that any company making drastic changes that massively affected security—for example, Snapchat turning on the geolocation feature when it did an update—would have to do a new risk assessment at that point, given that significant changes would potentially negatively impact on users’ safety and increase the risk of harm on the platform.

[The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Chris Philp)]

It is a pleasure, as always, to serve under your chairmanship, Sir Roger. As the hon. Member for Worsley and Eccles South said, the new clause is designed to introduce a duty on providers to notify Ofcom of anything that Ofcom could reasonably be expected to be notified of.

The Bill already has extremely strong information disclosure provisions. I particularly draw the Committee’s attention to clause 85, which sets out Ofcom’s power to require information by provision of an information notice. If Ofcom provides an information notice—the particulars of which are set out in clause 86—the company has to abide by that request. As the Committee will recall, the strongest sanctions are reserved for the information duties, extending not only to fines of up to 10% or service discontinuation—unplugging the website, as it were; there is also personal criminal liability for named executives, with prison sentences of up to two years. We take those information duties extremely seriously, which is why the sanctions are as strong as they are.

The hon. Member for Aberdeen North asked what updates would occur if there were a significant design change. I draw the Committee’s attention to clause 10, which deals with children’s risk assessment duties, but there are similar duties in relation to illegal content and the safety of adults. The duty set out in clause 10(2), which cross-refers to schedule 3, makes it clear. The relevant words are “suitable and sufficient”. Clearly if there were a massive design change that would, in this case, adversely affect children, the risk assessment would not be suitable and sufficient if it were not updated to reflect that design change. I hope that answers the hon. Lady’s question.

Turning to the particulars of the new clause, if we incentivise companies to disclose information they have not been asked for by Ofcom, there is a danger that they might, through an excessive desire to comply, over-disclose and provide a torrent of information that would not be very helpful. There might also be a risk that some companies that are not well intentioned would deliberately dump enormous quantities of data in order to hide things within it. The shadow Minister, the hon. Member for Worsley and Eccles South, mentioned an example from the world of financial services, but the number of companies potentially within the scope of the Bill is so much larger than even the financial services sector. Some 25,000 companies may be in scope, a number that is much larger—probably by one order of magnitude, and possibly by two—than the financial services sector regulated by the FCA. That disparity in scale makes a significant difference.

Given that there are already strong information provision requirements in the Bill, particularly clause 85, and because of the reasons of scale that I have mentioned, I will respectfully resist the new clause.

[Barbara Keeley]

We believe that the platforms need to get into disclosure proactively, and that this is a reasonable clause, so we will push it to a vote.

Question put, That the clause be read a Second time.

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[Barbara Keeley]

I beg to move, That the clause be read a Second time.

Throughout these debates it has been clear that we agree on both sides that the Online Safety Bill must be a regime that promotes the highest levels of transparency. This will ensure that platforms can be held accountable for their systems and processes. Like other regulated industries, they must be open and honest with the regulator and the public about how their products work and how they keep users safe.

As we know, platforms duck and dive to avoid sharing information that could make life more difficult for them or cast them in a dim light. The Bill must give them no opportunity to shirk their responsibilities. The Bill enables the largest platforms to carry out a risk assessment safe in the knowledge that it may never see the light of day. Ofcom can access such information if it wants, but only following a lengthy process and as part of an investigation. This creates no incentive for platforms to carry out thorough and proper risk assessments. Instead, platforms should have to submit these risk assessments to Ofcom not only on request but as a matter of course. Limiting this requirement to only the largest platforms will not overload Ofcom, but will give it the tools and information it needs to oversee an effective regime.

In addition, the public have a right to know the risk profile of the services they use. This happens in all other regulated industries, with consumers having easy access to the information they need to make informed decisions about the products they use. At present, the Bill does not give users the information they deserve about what to expect online. Parents in particular will be empowered by information about the risk level of platforms their children use. Therefore, it is imperative that risk assessments are made publicly available, as well as submitted to the regulator as a matter of course.

[Kirsty Blackman]

I have a couple of comments on the point about parental empowerment. I have been asked by my children for numerous apps. I have a look at them and think, “I don’t know anything about this app. I have never seen or heard of it before, and I have no idea the level of user-to-user functionality in this app.” Nowhere is there a requirement for this information to be set out. There is nowhere that parents can easily find this information.

With iPhones, if a kid wants an app, they have to request it from their parent and their parents needs to approve whether or not they get it. I find myself baffled by some of them because they are not ones that I have ever heard of or come across. To find out whether they have that level of functionality, I have to download and use the app myself in the way that, hopefully, my children would use it in order to find out whether it is safe for them.

A requirement for category 1 providers to be up front and explain the risks and how they manage them, and even how people interact with their services, would increase the ability of parents to be media literate. We can be as media literate as we like, but if the information is not there and we cannot find it anywhere, we end up having to make incredibly restrictive decisions in relation to our children’s ability to use the internet, which we do not necessarily want to make. We want them to be able to have fun, and the information being there would be very helpful, so I completely agree on that point.

My other point is about proportionality. The Opposition moved new clause 4, relating to risk assessments, and I did not feel able to support it on the basis of the arguments that the Minister made about proportionality. He made the case that Ofcom would receive 25,000 risk assessments and would be swamped by the number that it might receive. This new clause balances that, and has the transparency that is needed.

It is completely reasonable for us to put the higher burden of transparency on category 1 providers and not on other providers because they attract the largest market share. A huge percentage of the risk that might happen online happens with category 1 providers, so I am completely happy to support this new clause, which strikes the right balance. It answers the Minister’s concerns about Ofcom being swamped, because only category 1 providers are affected. Asking those providers to put the risk assessment on their site is the right thing to do. It will mean that there is far more transparency and that people are better able to make informed decisions.

--- Later in debate ---

So what are the issues with the new clause? First, for the reasons that I have set out, the Bill already addresses the point. However, exposing the entire risk assessment publicly also carries some risks itself. For example, if the risk assessment identifies weaknesses or vulnerabilities in the service—ways that malfeasant people could exploit it to get at children or do something else that we would consider harmful—then exposing to everybody, including bad actors, the ways of beating the system and doing bad things on the service would not necessarily be in the public interest. A complete disclosure could help those looking to abuse and exploit the systems. That is why the transparency duties in clause 64 and the duties to publish accessible summaries in clauses 11 and 13 meet the objectives—the quite proper objectives—of the shadow Minister, the hon. Member for Worsley and Eccles South, and the hon. Member for Aberdeen North, without running the risks that are inherent in new clause 9, which I would therefore respectfully and genuinely resist.

[Barbara Keeley]

The Minister seems to be resisting so many measures that have been put forward that would improve transparency, particularly by making information publicly available. As I made clear, the public have a right to know the risk profile of the services they use. We have debated this issue reasonably exhaustively now. Therefore, I will press the new clause to a Division.

Question put, That the clause be read a Second time.

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[Kirsty Blackman]

I beg to move, That the clause be read a Second time.

I tabled new clause 17 in relation to protected characteristics because of some of the points made by Danny Stone. I missed the relevant evidence session because unfortunately, at the time, I was in the Chamber, responding to the Chancellor of the Exchequer. I am referring to some of the points made by Danny Stone in the course of the evidence session in relation to the algorithmic prompts that there are in search functions.

We have an issue with search functions; we have an issue with the algorithmic prompts that there are in search functions. There is an issue if someone puts in something potentially derogatory, if they put in something relating to someone with a protected characteristic. For example, if someone were to type “Jews are”, the results that they get with those algorithmic prompts can be overwhelmingly racist, overwhelmingly antisemitic, overwhelmingly discriminatory. The algorithm should not be pushing those things.

To give organisations like Google some credit, if something like that is highlighted to them, they will address it. Some of them take a long time to sort it, but they will have a look at it, consider sorting it and, potentially, sort it. But that is not good enough. By that point, the damage is done. By that point, the harm has been put into people’s minds. By that point, someone who is from a particular group and has protected characteristics has already seen that Google—or any other search provider—is pushing derogatory terms at people with protected characteristics.

I know that the prompts work like that because of artificial intelligence; firms are not intentionally writing these terms in order to push them towards people, but the AI allows that to happen. If such companies are going to be using artificial intelligence—some kind of software algorithm—they have a responsibility to make sure that none of the content they are generating on the basis of user searches is harmful. I asked Google about this issue during one of our evidence sessions, and the response they gave was, “Oh, algorithmic prompts are really good, so we should keep them”—obviously I am paraphrasing. I do not think that is a good enough argument. I do not think the value that is added by algorithmic prompts is enough to counter the harm that is caused by some of those prompts.

As such, the new clause specifically excludes protected characteristics from any algorithm that is used in a search engine. The idea is that if a person starts to type in something about any protected characteristic, no algorithmic prompt will appear, and they will just be typing in whatever they were going to type in anyway. They will not be served with any negative, harmful, discriminatory content, because no algorithmic prompt will come up. The new clause would achieve that across the board for every protected characteristic term. Search engines would have to come up with a list of such terms and exclude all of them from the work of the algorithm in order to provide that layer of protection for people.

I do not believe that that negative content could be in any way balanced by the potential good that could arise from somebody being able to type “Jews are” and getting a prompt that says “funny”. That would be a lovely, positive thing for people to see, but the good that could be caused by those prompts is outweighed by the negativity, harm and pain that is caused by the prompts we see today, which platforms are not quick enough to act on.

As I say, the harm is done by the time the report is made; by the time the concern is raised, the harm has already happened. New clause 17 would prevent that harm from ever happening. It would prevent anybody from ever being injured in any way by an algorithmic prompt from a search engine. That is why I have tabled that new clause, in order to provide a level of protection for any protected characteristic as defined under the Equality Act 2010 when it comes to search engine prompts.

[Barbara Keeley]

The problem underlying the need for this new clause is that under the Bill, search services will not have to address or risk assess legal harm to adults on their sites, while the biggest user-to-user services will. As Danny Stone of the Antisemitism Policy Trust told us in evidence, that includes sites such as Google and Microsoft Bing, and voice search assistants including Amazon’s Alexa and Apple’s Siri. Search services rightly highlight that the content returned by a search is not created or published by then, but as the hon. Member for Aberdeen North has said, algorithmic indexing, promotion and search prompts provided in the search bar are their responsibility. As she has pointed out, and as we have heard in evidence sessions, those algorithms can cause significant harm.

Danny Stone told us on 26 May:

“Search returns are not necessarily covered because, as I say, they are not the responsibility of the internet companies, but the systems that they design as to how those things are indexed and the systems to prevent them going to harmful sites by default are their responsibility, and at present the Bill does not address that.”––[Official Report, Online Safety Public Bill Committee, 26 May 2022; c. 130, Q207.]

The hon. Member for Aberdeen North mentioned the examples from Microsoft Bing that Danny gave in his evidence—“Jews are” and “gays are”. He gave other examples of answers that were returned by search services, such as using Amazon Alexa to search, “Is George Soros evil?” The response was, “Yes, he is.” “Are the White Helmets fake?” “Yes, they are set up by an ex-intelligence officer.” The issue is that the search prompts that the hon. Member has talked about are problematic, because just one person giving an answer to Amazon could prompt that response. The second one, about the White Helmets, was a comment on a website that was picked up. Clearly, that is an issue.

Danny Stone’s view is that it would be wise to have something that forces search companies to have appropriate risk assessments in place for the priority harms that Parliament sets, and to enforce those terms and conditions consistently. It is not reasonable to exempt major international and ubiquitous search services from risk assessing and having a policy to address the harms caused by their algorithms. We know that leaving it up to platforms to sort this out themselves does not work, which is why Labour is supporting the new clause proposed by our SNP colleague.

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[Kirsty Blackman]

I beg to move, That the clause be read a Second time.

I think you are probably getting fed up with me, Sir Roger, so I will try my best not to speak for too long. The new clause is one of the most sensible ones we have put forward. It simply allows Ofcom to ask regulated services to submit to Ofcom

“a specific piece of research held by the service”

or

“all research the service holds”

on a specific topic. It also allows Ofcom to product a report into

“how regulated services commission, collate, publish and make use of research.”

The issues that we heard raised by Frances Haugen about the secretive nature of these very large companies gave us a huge amount concern. Providers will have to undertake risk assessments on the basis of the number of users they have, the risk of harm to those users and what percentage of their users are children. However, Ofcom is just going to have to believe the companies when they say, “We have 1 million users,” unless it has the ability to ask for information that proves the risk assessments undertaken are adequate and that nothing is being hidden by those organisations. In order to find out information about a huge number of the platforms, particularly ones such as Facebook, we have had to have undercover researchers posing as other people, submitting reports and seeing how they come out.

We cannot rely on these companies, which are money-making entities. They exist to make a profit, not to make our lives better. In some cases they very much do make our lives better—in some cases they very much do not—but that is not their aim. Their aim is to try to make a profit. It is absolutely in their interests to underplay the number of users they have and the risk faced by people on their platforms. It is very much in their interest to underplay how the algorithms are firing content at people, taking them into a negative or extreme spiral. It is also in their interests to try to hide that from Ofcom, so that they do not have to put in the duties and mitigations that keep people safe.

We are not asking those companies to make the information public, but if we require them to provide to Ofcom their internal research, whether on the gender or age of their users, or on how many of their users are viewing content relating to self-harm, it will raise their standards. It will raise the bar and mean that those companies have to act in the best interests—or as close as they can get to them—of their users. They will have to comply with what is set out in the Bill and the directions of Ofcom.

I see no issue with that. Ofcom is not going to share the information with other companies, so that they could subvert competition law. Ofcom is a regulator; it literally does not do that. Our proposal would mean that Ofcom has the best, and the most, information in order to take sensible decisions to properly regulate the platforms. It is not a difficult provision for the Minister to accept.

[Barbara Keeley]

The transparency requirements set out in the Bill are welcome but limited. Numerous amendments have been tabled by the Opposition and by our colleagues in the SNP to increase transparency, so that we can all be better informed about the harms around us, and so that the regulator can determine what protections are needed for existing and emerging harms. This new clause is another important provision in that chain and I speak in support of it.

We know that there is research being undertaken all the time by companies that is never published—neither publicly nor to the regulator. As the hon. Member for Aberdeen North said, publishing research undertaken by companies is an issue championed by Frances Haugen, whose testimony last month the Committee will remember. A few years ago, Frances Haugen brought to the public’s attention the extent to which research is held by companies such as Facebook—as it was called then—and never reaches the public realm.

Billions of members of the public are unaware that they are being tracked and monitored by social media companies as subjects in their research studies. The results of those studies are only published when revealed by brave whistleblowers. However, their findings could help charities, regulators and legislators to recognise harms and help to make the internet a safer place. For example, Frances Haugen leaked one Facebook study that found that a third of teenage girls said Instagram made them feel worse about their bodies. Facebook’s head of safety, Antigone Davis, fielded questions on this issue from United States Senators last September. She claimed that the research on the impact of Instagram and Facebook to children’s health was “not a bombshell”. Senator Richard Blumenthal responded:

“I beg to differ with you, Ms Davis, this research is a bombshell. It is powerful, gripping, riveting evidence that Facebook knows of the harmful effects of its site on children and that it has concealed those facts and findings.”

It is this kind of cover-up that new clause 19 seeks to prevent.

I remind the Committee of one more example that Frances Haugen illustrated to us in her evidence last month. Meta conducts frequent analyses of the estimated age of its users, which is often different from the ages they submit when registering, both among adults and children. Frances told us that Meta does this so that adverts can be targeted more effectively. However, if Ofcom could request this data, as the new clause would require, it would give an important insight into how many under-13s were in fact creating accounts on Facebook. Ofcom should be able to access such information, so I hope hon. Members and the Minister will support the new clause as a measure to increase transparency and support greater protections for children.

[Chris Philp]

Let me start by saying that I completely agree with the premise of the new clause. First, I agree that these large social media companies are acting principally for motives of their own profit and not the public good. Secondly, I agree with the proposition that they are extremely secretive, and do not transparently and openly disclose information to the public, the Government or researchers, and that is a problem we need to solve. I therefore wholeheartedly agree with the premise of the hon. Member for Aberdeen North’s new clause and her position.

However, I am honestly a bit perplexed by the two speeches we have just heard, because the Bill sets out everything the hon. Members for Aberdeen North and for Worsley and Eccles South asked for in unambiguous, black and white terms on the face of the Bill—or black and green terms, because the Bill is published on green paper.

Clause 85 on page 74 outlines the power Ofcom has to request information from the companies. Clause 85(1) says very clearly that Ofcom may require a person

“to provide them with any information”—

I stress the word “any”—

“that they require for the purpose of exercising, or deciding whether to exercise, any of their online safety functions.”

Ofcom can already request anything of these companies.

For the avoidance of doubt, clause 85(5) lists the various things Ofcom can request information for the purpose of and clause 85(5)(l)—on page 75, line 25— includes for

“the purpose of carrying out research, or preparing a report, in relation to online safety matters”.

Ofcom can request anything, expressly including requesting information to carry out research, which is exactly what the hon. Member for Aberdeen North quite rightly asks for.

The hon. Lady then said, “What if they withhold information or, basically, lie?” Clause 92 on page 80 sets out the situation when people commit an offence. The Committee will see that clause 92(3)(a) states that a person “commits an offence” if

“the person provides information that is false in a material respect”.

Again, clause 92(5)(a) states that a person “commits an offence” if

“the person suppresses, destroys or alters, or causes or permits the suppression, destruction or alteration of, any information required to be provided.”

In short, if the person or company who receives the information request lies, or falsifies or destroys information, they are committing an offence that will trigger not only civil sanctions—under which the company can pay a fine of up to 10% of global revenue or be disconnected—but a personal offence that is punishable by up to two years in prison.

I hope I have demonstrated that clauses 85 and 92 already clearly contain the powers for Ofcom to request any information, and that if people lie, destroy information or supress information as they do as the moment, as the hon. Member for Aberdeen North rightly says they do, that will be a criminal offence with full sanctions available. I hope that demonstrates to the Committee’s satisfaction that the Bill does this already, and that it is important that it does so for the reasons that the hon. Lady set out.

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Brought up, and read the First time.

[Barbara Keeley]

I beg to move, That the clause be read a Second time.

New clause 24 would enable users to bring civil proceedings against providers when they fail to meet their duties under part 3 of the Bill. As has been said many times, power is currently skewed significantly against individuals and in favour of big corporations, leading people to feel that they have no real ability to report content or complain to companies because, whenever they do, there is no response and no action. We have discussed how the reporting, complaints and super-complaints mechanisms in the Bill could be strengthened, as well as the potential merits of an ombudsman, which we argued should be considered when we debated new clause 1.

In tabling this new clause, we are trying to give users the right to appeal through another route—in this case, the courts. As the Minister will be aware, that was a recommendation of the Joint Committee, whose report stated:

“While we recognise the resource challenges both for individuals in accessing the courts and the courts themselves, we think the importance of issues in this Bill requires that users have a right of redress in the courts. We recommend the Government develop a bespoke route of appeal in the courts to allow users to sue providers for failure to meet their obligations under the Act.”

The Government’s response to that recommendation was that the Bill would not change the current situation, which allows individuals to

“seek redress through the courts in the event that a company has been negligent or is in breach of its contract with the individual.”

It went on to note:

“Over time, as regulatory precedent grows, it will become easier for individuals to take user-to-user services to court when necessary.”

That seems as close as we are likely to get to an admission that the current situation for individuals is far from easy. We should not have to wait for the conclusion of the first few long and drawn-out cases before it becomes easier for people to fight companies in the courts.

Some organisations have rightly pointed out that a system of redress based on civil proceedings in the courts risks benefiting those with the resources to sue—as we know, that is often the case. However, including that additional redress system on the face of the Bill should increase pressure on companies to fulfil their duties under part 3, which will hopefully decrease people’s need to turn to the redress mechanism.

If we want the overall system of redress to be as strong as possible, individuals must have the opportunity to appeal failures of a company’s duty of care as set out in the Bill. The Joint Committee argued that the importance of the issues dealt with by the Bill requires that users have a right of redress in the courts. The Government did not respond to that criticism in their formal response, but it is a critical argument. A balancing act between proportionate restrictions and duties versus protections against harms is at the heart of this legislation, and has been at the heart of all our debates. Our position is in line with that of the Joint Committee: these issues are too important to deny individuals the right to appeal failures of duty by big companies through the courts.

[Chris Philp]

I agree with the shadow Minister’s point that it is important to make sure social media firms are held to account, which is the entire purpose of the Bill. I will make two points in response to the proposed new clause, beginning with the observation that the first part of its effect is essentially to restate an existing right. Obviously, individuals are already at liberty to seek redress through the courts where a company has caused that individual to suffer loss through negligence or some other behaviour giving rise to grounds for civil liability. That would, I believe, include a breach of that company’s terms of service, so simply restating in legislation a right that already exists as a matter of law and common law is not necessary. We do not do declaratory legislation that just repeats an existing right.

Secondly, the new clause creates a new right of action that does not currently exist, which is a right of individual action if the company is in breach of one of the duties set out in part 3 of the Bill. Individuals being able to sue for a breach of a statutory duty that we are creating is not the way in which we are trying to construct enforcement under the Bill. We will get social media firms to comply through Ofcom acting as the regulator, rather than via individuals litigating these duties on a case-by-case basis. A far more effective way of dealing with the problems, as we discussed previously when we debated the ombudsman, is to get Ofcom to deal with this on behalf of the whole public on a systemic basis, funded not by individual litigants’ money, which is what would happen, at least in the first instance, if they had to proceed individually. Ofcom should act on behalf of us all collectively—this should appeal to socialists—using charges levied from the industry itself.

That is why we want to enforce against these companies using Ofcom, funded by the industry and acting on behalf of all of us. We want to fix these issues not just on an individual basis but systemically. Although I understand the Opposition’s intent, the first part simply declares what is already the law, and the second bit takes a different route from the one that the Bill takes. The Bill’s route is more comprehensive and will ultimately be more effective. Perhaps most importantly of all, the approach that the Bill takes is funded by the fees charged on the polluters—the social media firms—rather than requiring individual citizens, at least in the first instance, to put their hand in their own pocket, so I think the Bill as drafted is the best route to delivering these objectives.

[Barbara Keeley]

I will say a couple of things in response to the Minister. It is individuals who are damaged by providers breaching their duties under part 3 of the Bill. I understand the point about—

[Chris Philp]

Systems.

[Barbara Keeley]

Yes, but it is not systems that are damaged; it is people. As I said in my speech, the Government’s response that, as regulatory precedent grows, it will become easier over time for individuals to take user-to-user services to court where necessary clearly shows that the Government think it will happen. What we are saying is: why should it wait? The Minister says it is declaratory, but I think it is important, so we will put the new clause to a vote.

Question put, That the clause be read a Second time.

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[Kim Leadbeater]

I agree with the hon. Member wholeheartedly. It should be Parliament that is assessing the effectiveness of the Bill. The Committee has discussed many times how groundbreaking the Bill could be, how difficult it has been to regulate the internet for the first time, the many challenges encountered, the relationship between platforms and regulator and how other countries will be looking at the legislation as a guide for their own regulations. Once this legislation is in place, the only way we can judge how well it is tackling harm in the UK is with clear public reports detailing information on what harms have been prevented, who has intervened to remove that harm, and what role the regulator—in this case Ofcom—has had in protecting us online.

New clause 25 will place a number of important obligations on Ofcom to provide us with that crucial information. First, Ofcom will report annually to Parliament on the overall effectiveness of the Act. That report will allow Ofcom to explore fully where the Act is working, where it could be tightened and where we have left gaps. Throughout the Bill we are heaping considerable responsibility on to Ofcom, and it is only right that Ofcom is able to feedback publicly and state clearly where its powers allow it to act, and where it is constrained and in need of assistance.

Secondly, new clause 25 will compel Ofcom to monitor, collate and publish figures relating to the number of harms removed by category 1 services, which is an important indicator for us to know the scale of the issue and that the Act is working.

Thirdly, we need to know how often Ofcom is intervening, compared with how often the platforms themselves are acting. That crucial figure will allow us to assess the balance of regulation, which assists not only us in the UK but countries looking at the legislation as a guide for their own regulation.

Finally, Ofcom will detail the harms removed by type to identify any areas where the Act may be falling short, and where further attention may be needed.

I hope the Committee understands why this information is absolutely invaluable, when we have previously discussed our concerns that this groundbreaking legislation will need constant monitoring. I hope it will also understand why the information needs to be transparent in order to instil trust in the online space, to show the zero-tolerance approach to online harms, and to show countries across the globe that the online space can be effectively regulated to protect citizens online. Only Parliament, as the legislature, can be an effective monitor of that information. I hope I can count on the Government’s support for new clause 25.

[Barbara Keeley]

I speak in support of new clause 25. As my hon. Friend has argued, transparency is critical to the Bill. It is too risky to leave information and data about online harms unpublished. That is why we have tabled several amendments to the Bill to increase reporting, both to the regulator and publicly.

New clause 25 is an important addition that would offer an overview of the effectiveness of the Bill and act as a warning bell for any unaddressed historical or emerging harms. Not only would such a report benefit legislators, but the indicators included in the report would be helpful for both Ofcom and user advocacy groups. We cannot continue to attempt to regulate the internet blind. We must have the necessary data and analysis to be sure that the provisions in the Bill are as effective as they can be. I hope the Minister can support this new clause.

[Chris Philp]

The idea that a report on Ofcom’s activities be delivered to Parliament so that it can be considered is an excellent one. In fact, it is such an excellent idea that it has been set out in statute since 2002: the Office of Communications Act 2002 already requires Ofcom to provide a report to the Secretary of State on the carrying out of all of its functions, which will include the new duties we are giving Ofcom under the Bill. The Secretary of State must then lay that report before each House of Parliament. That is a well-established procedure for Ofcom and for other regulatory bodies. It ensures the accountability of Ofcom to the Department and to Parliament.

I was being slightly facetious there, because the hon. Member for Batley and Spen is quite right to raise the issue. However, the duty she is seeking to create via new clause 25 is already covered by the duties in the Office of Communications Act. The reports that Ofcom publish under that duty will include their new duties under the Bill. Having made that clear, I trust that new clause 25 can be withdrawn.