Data Protection and Digital Information Bill

Debate between Baroness Buscombe and Baroness Kidron

Committee stage
Monday 22nd April 2024 Grand Committee

[Baroness Buscombe (Con)]

When the noble Baroness says, “more targeted”, is what way are they more targeted? That is what I would like to know.

[Baroness Kidron (CB)]

They relate to individual people by name, not whole sweeps of people who have done nothing wrong but get a particular benefit.

Online Safety Bill

Debate between Baroness Buscombe and Baroness Kidron

Committee stage
Tuesday 9th May 2023 Lords Chamber

[Baroness Buscombe (Con)]

My Lords, the noble Baroness, Lady Kidron, said words to the effect that perhaps we should begin by having particular regard for certain vulnerabilities, but we are dealing with primary legislation and this really concerns me. Lists such as in Clause 12 are really dangerous. It is not a great way to write law. We could be with this law for a long time.

I took the Communications Act 2003 through for Her Majesty’s Opposition, and we were doing our absolute best to future-proof the legislation. There was no mention of the internet in that piece of legislation. With great respect to the noble Lord, Lord McNally, with whom I sparred in those days, in was not that Act that introduced Ofcom but a separate Act. The internet was not even mentioned until the late Earl of Northesk introduced an amendment with the word “internet” to talk about the investigative powers Act.

The reality is that we already had Facebook, and tremendous damage being done through it to people such as my daughter. Noble Lords will remember that in the early days it was Oxford, Cambridge, Yale and Harvard; that is how it all began. It was an amazing thing, and we could not foresee what would happen but there was a real attempt to future-proof. If you start having lists such as in Clause 12, you cannot just add on or change. Cultural mores change. This list, which looks great in 2023, might look really odd in about 2027. Different groups will have emerged and say, “Well, what about me, what about me?”.

I entirely agree with the noble Baroness, Lady Fox. Who will be the decider of what is right, what is rude or what is abusive? I have real concerns with this. The Government have had several years to get this right. I say that with great respect to my noble friend the Minister, but we will have to think about these issues a little further. The design of the technology around all this is what we should be imposing on the tech companies. I was on the Communications and Digital Committee in 2020 when that was a key plank of our report, following the inquiry that we carried out and prior to the Joint Committee, then looking at this issue of “legal but harmful”, et cetera. I am glad that was dropped because—I know that I should not say this—when I asked a civil servant what was meant by “harmful”, he said, “Well, it might upset people”.

It is a very subjective thing. This is difficult for the Government. We must do all we can to support the Government in trying to find the right solutions, but I am sorry to say that I am a lawyer—a barrister—and I worry. We are trying to make things right but, remember, once it is there in an Act, it is there. People will use that as a tool. In 2002, at New Scotland Yard, I was introduced to an incredible website about 65 ways to become a good paedophile. Where does that fit in Clause 12? I have not quite worked that out. Is it sex? What is it? We have to be really careful. I would prefer having no list and making it more general, relying on the system to allow us to opt in.

I support my noble friend Lady Morgan’s amendment on this, which would make it easier for people to say, “Well, that’s fine”, but would not exclude people. What happens if you do not fit within Clause 12? Do you then just have to suck it up? That is not a very House of Lords expression, but I am sure that noble Lords will relate to it.

We have to go with care. I will say a little more on the next group of amendments, on anonymity. It is really hard, but what the Government are proposing is not quite there yet.

[Baroness Kidron (CB)]

That seemed to be provoked by me saying that we must look after the vulnerable, but I am suggesting that we use UK law and the rights that are already established. Is that not better than having a small list of individual items?

[Baroness Buscombe (Con)]

I agree. The small list of individual items is the danger.

Online Safety Bill

Debate between Baroness Buscombe and Baroness Kidron

Committee stage
Tuesday 9th May 2023 Lords Chamber

[Baroness Buscombe (Con)]

Okay; I thank my noble friend for his response. However, I would just say that we never would have broken like that, before 7.30 pm. I will leave it at that, but I will have a word with the usual channels.

[Baroness Kidron (CB)]

My Lords, I rise to speak to Amendments 141 and 303 in the name of the noble Lord, Lord Stevenson. Before I do, I mention in passing how delighted I was to see Amendment 40, which carries the names of the Minister and the noble Lord, Lord Stevenson—may there be many more like that.

I am concerned that without Amendments 141 and 303, the concept of “verified” is not really something that the law can take seriously. I want to ask the Minister two rather technical questions. First, how confident can the Government and Ofcom be that with the current wording, Ofcom could form an assessment of whether Twitter’s current “verified by blue” system satisfies the duty in terms of robustness? If it does not, does Ofcom have the power to send it back to the drawing board? I am sure noble Lords understand why I raise this: we have recently seen “verified by blue” ticks successfully bought by accounts impersonating Martin Lewis, US Senators and Putin propagandists. My concern is that in the absence of a definition of verification in the Bill such as the one proposed in Amendments 141 and 303, where in the current wording does Ofcom have the authority to say that “verified by blue” does not satisfy the user verification duty?

Online Safety Bill

Debate between Baroness Buscombe and Baroness Kidron

Committee stage
Thursday 27th April 2023 Lords Chamber

[Baroness Buscombe (Con)]

My Lords, before speaking to my Amendment 137, I want to put a marker down to say that I strongly support Amendment 135 in the name of my noble friend Lord Moylan. I will not repeat anything that he said but I agree with absolutely every word.

Amendment 137 is in my name and that of my noble and learned friend Lord Garnier and the noble Lord, Lord Moore of Etchingham. This amendment is one of five which I have tabled with the purpose of meeting a core purpose of the Bill. In the words of my noble friend the Minister in response to Amendment 1, it is

“to protect users of all ages from being exposed to illegal content”—[Official Report, 19/4/23; col. 724.]

—in short, to ensure that what is illegal offline is illegal online.

If accepted, this small group of amendments would, I strongly believe, make a really important difference to millions of people’s lives—people who are not necessarily listed in Clause 12. I therefore ask the Committee to allow me to briefly demonstrate the need for these amendments through the prism of millions of people and their families working and living in rural areas. They are often quite isolated and working alone in remote communities, and are increasingly at risk of or are already suffering awful online abuse and harassment. This abuse often goes way beyond suffering; it destroys businesses and a way of life.

I find it extraordinary that the Bill seems to be absent of anything to do with livelihoods. It is all about focusing on feelings, which of course are important—and the most important focus is children—but people’s businesses and livelihoods are being destroyed through abuse online.

Research carried out by the Countryside Alliance has revealed a deeply disturbing trend online that appears to be disproportionately affecting people who live in rural areas and who are involved in rural pursuits. Beyond direct abuse, a far more insidious tactic that activists have adopted involves targeting businesses involved in activities of which they disapprove, such as livestock farming or hosting shoots. They post fake reviews on platforms including Tripadvisor and Google Maps, and their aim is to damage the victim, their business and their reputation by, to put it colloquially, trashing their business and thereby putting off potential customers. This is what some call trolling.

Let me be clear that I absolutely defend, to my core, the right to freedom of expression and speech, and indeed the right to offend. Just upsetting someone is way below the bar for the Bill, or any legislation. I am deeply concerned about the hate crime—or non-crime—issue we debated yesterday; in fact, I put off reading the debate because I so disagree with this nonsense from the College of Policing.

Writing a negative review directly based on a negative experience is entirely acceptable in my book, albeit unpleasant for the business targeted. My amendments seek to address something far more heinous and wrong, which, to date, can only be addressed as libel and, therefore, through the civil courts. Colleagues in both your Lordships’ House and in another place shared with me tremendously upsetting examples from their constituents and in their neighbourhoods of how anonymous activists are ruining the lives of hard-working people who love this country and are going the extra mile to defend our culture, historic ways of life and freedoms.

Fortunately, through the Bill, the Government are taking an important step by introducing a criminal offence of false communications. With the leave of the Committee, I will briefly cite and explain the other amendments in order to make sense of Amendment 137. One of the challenges of the offence of false communications is the need to recognise that so much of the harm that underpins the whole reason why the Bill is necessary is the consequence of allowing anonymity. It is so easy to destroy and debilitate others by remaining anonymous and using false communications. Why be anonymous if you have any spine at all to stand up for what you believe? It is not possible offline—when writing a letter to a newspaper, for example—so why is it acceptable online? The usual tech business excuse of protecting individuals in rogue states is no longer acceptable, given the level of harm that anonymity causes here at home.

Therefore, my Amendment 106 seeks to address the appalling effect of harm, of whatever nature, arising from false or threatening communications committed by unverified or anonymous users—this is what we refer to as trolling. Amendments 266 and 267, in my name and those of my noble and learned friend Lord Garnier and my noble friend Lord Leicester, would widen the scope of this new and welcome offence of false communications to include financial harm, and harm to the subject of the false message arising from its communication to third parties.

The Bill will have failed unless we act beyond feelings and harm to the person and include loss of livelihood. As I said, I am amazed that it is not front and centre of the Bill after safety for our children. Amendment 268, also supported by my noble and learned friend, would bring within the scope of the communications offences the instigation of such offences by others—for example, Twitter storms, which can involve inciting others to make threats without doing so directly. Currently, we are unsure whether encouraging others to spread false information—for example, by posting fake reviews of businesses for ideologically motivated reasons—would become an offence under the Bill. We believe that it should, and my Amendment 268 would address this issue.

I turn briefly to the specifics of my Amendment 137. Schedule 7 lists a set of “priority offences” that social media platforms must act to prevent, and they must remove messages giving rise to certain offences. However, the list does not include the new communications offences created elsewhere in Part 10. We believe that this is a glaring anomaly. If there is a reason why the new communications offences are not listed, it is important that we understand why. I hope that my noble friend the Minister can explain.

The practical effect of Amendment 137 would be to include the communications offences introduced in the Bill and communications giving rise to them within the definition of “relevant offence” and “priority illegal content” for the purposes of Clause 53(4) and (7) and otherwise.

[Baroness Kidron (CB)]

I ask the Committee to have a level of imagination here because I have been asked to read the speech of the noble Viscount, Lord Colville—