Online Safety Bill

Baroness Prashar Excerpts

Committee stage
Thursday 11th May 2023 Lords Chamber

[Baroness Fox of Buckley (Non-Afl)]

My Lords, for once, I am not entirely hostile to all these amendments—hurrah. In fact, I would rather have media literacy and education than regulation; that seems to me the solution to so much of what we have been discussing. But guess what? I have a few anxieties and I shall just raise them so that those who have put forward the arguments can come back to me.

We usually associate media literacy with schools and young people in education. Noble Lords will be delighted to know that I once taught media literacy: that might explain where we are now. It was not a particularly enlightening course for anybody, but it was part of the communications A-level at the time. I am worried about mandating schools how to teach media literacy. As the noble Lord, Lord Knight, will know, I worry about adding more to their overcrowded curriculum than they already have on their plate, but I note that the amendments actually expand the notion of being taught literacy to adults, away from just children. I suppose I just have some anxiety about Ofcom becoming the nation’s teacher, presenting users of digital services as though they are hapless and helpless. In other words, I am concerned about an overly paternalistic approach—that we should not be patronising.

The noble Baroness, Lady Kidron, keeps reminding us that content should not be our focus, and that it should be systems. In fact, in practically every discussion we have had, content has been the focus, because that is what will be removed, or not, by how we deal with the systems. That is one of the things that we are struggling with.

Literacy in the systems would certainly be very helpful for everybody. I have an idea—it is not an amendment—that we should send the noble Lord, Lord Allan of Hallam, on a UK tour so that he can explain it to us all; he is not here for this compliment, but every time he spoke in the first week of Committee, I think those of us who were struggling understood what he meant, as he explained complicated and technical matters in a way that was very clear. That is my constructive idea.

Amendment 52A from the noble Lord, Lord Knight of Weymouth, focuses on content, with its

“duty to make available information to allow users to establish the reliability and accuracy of content”.

That takes us back to the difficulties we were struggling with on how misinformation and disinformation will be settled and whether it is even feasible. I do not know whether any noble Lords have been following the “mask wars” that are going on. There are bodies of scientists on both sides on the efficacy of mask wearing—wielding scientific papers at dawn, as it were. These are well-informed, proper scientists who completely disagree on whether it was effective during lockdown. I say that because establishing reliability and accuracy is not that straightforward.

I like the idea of making available

“to users such information that may be necessary to allow users to establish the reliability and accuracy of content encountered on the service”.

I keep thinking that we need adults and young people to say that there is not one truth, such as “the science”, and to be equipped and given the tools to search around and compare and contrast different versions. I am involved in Debating Matters for 16 to 18 year-olds, which has topic guides that say, “Here is an argument, with four really good articles for it and four really good articles against, and here’s a load of background”. Then 16 to 18 year-olds will at least think that there is not just one answer. I feel that is the way forward.

The noble Lord, Lord Clement-Jones, said that I was preaching a counsel of despair; I like to think of myself as a person who has faith in the capacity and potential of people to overcome problems. I had a slight concern when reading the literature associated with online and digital literacy—not so much with the amendments—that it always says that we must teach people about the harms of the online world. I worry that this will reinforce a disempowering idea of feeling vulnerable and everything being negative. One of the amendments talks about a duty to promote users’ “safe use” of the service. I encourage a more positive outlook, incorporating into this literacy an approach that makes people aware that they can overcome and transcend insults and be robust and savvy enough to deal with algorithms—that they are not always victims but can take control over the choices they make. I would give them lessons on resilience, and possibly just get them all to read John Locke on toleration.

[Baroness Prashar (CB)]

My Lords, I will speak to Amendments 236, 237 and 238 in my name. I thank the noble Lord, Lord Storey, and the noble Baroness, Lady Bennett of Manor Castle, for supporting me. Like others, I thank Full Fact for its excellent briefings. I also thank the noble Lord, Lord Knight, for introducing this group of amendments, as it saves me having to make the case for why media literacy is a very important aspect of this work. It is the other side of regulation; they very much go hand in hand. If we do not take steps to promote media literacy, we could fall into a downward spiral of further and further regulation, so it is extremely important.

It is a sad fact that levels of media literacy are very low. Research from Ofcom has found that one-third of internet users are unaware of the potential for inaccurate and biased information. Further, 40% of UK adult internet users do not have the skills to critically assess information they see online, and only 2% of children have skills to tell fact from fiction online. It will not be paternalistic, but a regulator should be proactively involved in developing media literacy programmes. Through the complaints it receives and from the work that it does, the regulator can identify and monitor where the gaps are in media literacy.

To date, the response to this problem has been for social media platforms to remove content deemed harmful. This is often done using technology that picks up on certain words and phrases. The result has been content being removed that should not have been. Examples of this include organisations such as Mumsnet having social media posts on sexual health issues taken down because the posts use certain words or phrases. At one stage, Facebook’s policy was to delete or censor posts expressing opinions that deviated from the norm, without defining what “norm” actually meant. The unintended consequences of the Bill could undermine free speech. Rather than censoring free speech through removing harmful content, we should give a lot more attention to media literacy.

During the Bill’s pre-legislative scrutiny, the Joint Committee recommended that the Government include provisions to ensure media literacy initiatives are of a high standard. The draft version of the Bill included Clause 103, which strengthened the media literacy provisions in the Communications Act 2003, as has already been mentioned. Regrettably, the Government later withdrew the enhanced media literacy clause, so the aim of my amendments is to reintroduce strong media literacy provisions. Doing so will both clarify and strengthen media literacy obligations on online media providers and Ofcom.

Amendment 236 would place a duty on Ofcom to take steps to improve the media literacy of the public in relation to regulated services. As part of this duty, Ofcom must try to reach audiences who are less engaged and harder to reach through traditional media literacy services. It must also address gaps in the current availability of media literacy provisions for vulnerable users. Many of the existing media literacy services are targeted at children but we need to include vulnerable adults too. The amendment would place a duty on Ofcom to promote availability and increase the effectiveness of media literacy initiatives in relation to regulated services. It seeks to ensure that providers of regulated services take appropriate measures to improve users’ media literacy through Ofcom’s online safety function. This proposed new clause makes provision for Ofcom to prepare guidance about media literacy matters, and such guidance must be published and kept under review.

Amendment 237 would place a duty on Ofcom to prepare a strategy on how it intends to undertake the duty to promote media literacy. This strategy should set out the steps Ofcom proposes to take to achieve its media literacy duties and identify organisations, or types of organisations, that Ofcom will work with to undertake these duties. It must also explain why Ofcom believes the proposed steps will be effective in how it will assess progress. This amendment would also place a duty on Ofcom to have regard to the need to allocate adequate resources for implementing this strategy. It would require Ofcom’s media strategy to be published within six months of this provision coming into force, and to be revised within three years; in both cases this should be subject to consultation.

Amendment 238 would place a duty on Ofcom to report annually on the delivery of its media literacy strategy. This reporting must include steps taken in accordance with the strategy and assess the extent to which those steps have had an effect. This amendment goes further than the existing provisions in the Communications Act 2003, which do not include duties on Ofcom to produce a strategy or to measure progress; nor do they place a duty on Ofcom to reach hard-to-reach audiences who are the most vulnerable in our society to disinformation and misinformation.

Online Safety Bill

Baroness Prashar Excerpts

2nd reading
Wednesday 1st February 2023 Lords Chamber

[Baroness Prashar (CB)]

My Lords, we are privileged to live in an age of internet technology, which gives us greater access to information and means of communication than at any point in human history. But to get the most out of this online world it must be safe and effectively regulated to counter harm and misinformation. I fully support the Bill. It is a good start, but it needs to be improved in a number of areas.

I begin by paying tribute to the noble Baroness, Lady Kidron, for her tireless work in this area, and for educating and helping us to focus on some of the core and fundamental issues. I will underline some of the amendments she proposes that I intend to support.

As the noble Baroness said, the Bill primarily focuses on user-to-user services and search engines, as defined in Part 2, but harmful content published on websites such as blogs falls outside the Bill’s scope. The noble Baroness’s amendment to include within the Bill’s scope any internet service likely to be accessed by a child is crucial. I strongly support it.

The Bill must also address business models that drive users to this content. As we know, this occurs through platforms, algorithms and push notifications, which amplify and perpetuate access to this content, as illustrated by the tragic death of Molly Russell. I support the noble Baroness’s amendment to Clause 10, which would ensure tough regulation in this area and assessments to tackle drivers of harm, including the design and features of the platform.

Furthermore, online safety should apply not just to children. The 2019 White Paper said that content that actively harmed any user should be tackled. It is deeply regrettable that the Government removed adult safety duties from the Bill, arguing that this would undermine free speech. On the contrary: online safety for all has the potential to enhance free speech, as people can engage on platforms without being exposed to harmful content. I urge the Government to reverse this decision.

The importance of balancing privacy online with the need for public safety is of course crucial. Encrypted messaging services such as Facebook Messenger or WhatsApp are right to keep private messages confidential, but the Government have argued that there are situations where law enforcement agencies must have access to messages on these platforms. Can the Minister explain how they intend to balance privacy and online safety with regard to encrypted messaging services?

Age-verification regimes need to be strengthened to ensure that children are not exposed to pornography. The noble Lord, Lord Bethell, made a very powerful case for that, and I strongly support the amendment which he will bring forward. His proposed amendment, he said, would bring Part 3 of the Digital Economy Act into Part 5 of the Online Safety Bill. As he said, this offers a very neat solution to addressing the significant gap in the Bill, and would make the definition of pornography online consistent with regulation of content in the offline world. I also support the amendment of the noble Baroness, Lady Kidron, to Part 4, which would task Ofcom with producing statutory guidance for age assurance. I also support her amendment to Part 7, requiring platforms to provide a point of contact to bereaved families or coroners when they have reason to suspect that a regulated service holds relevant information on a child’s death, and an amendment requiring social media platforms to share information with coroners in cases like Molly Russell’s.

While this Bill is about the online safety of children, this is an opportunity to include online fraud provisions in legislation, which predominantly affect the elderly. We need a regime where law enforcement, financial services and tech platforms collaborate to reduce online fraud. Would the Government be willing to entertain an amendment that encouraged such collaboration, to ensure that user-to-user platforms and search engines are accountable for fraudulent advertising on their platforms?

The Government have signalled that they will put forward an amendment that will classify videos of people crossing the channel which show the activity in a positive light, which I of course support. Can the Minister assure the House that this amendment, intended to target those who encourage people smugglers, will not criminalise those who show sympathy online for asylum seekers?

Finally, civil liberties groups have described social media as a modern town square. To make sure that this town square is used positively, we need robust provisions for media literacy. A new media literacy duty in the draft Bill has been dropped; now it is mentioned only in the context of risk assessment, and there is no active requirement for internet companies to promote media literacy. There is a wide media literacy gap which leaves many at risk of harm. I agree with Full Fact that a stronger media literacy duty should be reinstated with Ofcom in this legislation to produce a statutory strategy.

Finally, this is a fast-changing area, as others have said. While we can improve this Bill, we cannot make it perfect. I therefore strongly urge that a commitment is given by the Government to subject this legislation to post-legislative scrutiny after three years.

Social Media: Deaths of Children

Baroness Prashar Excerpts

Thursday 20th January 2022 Grand Committee

[Baroness Prashar (CB)]

My Lords, I too thank the noble Baroness, Lady Kidron, for securing this short debate, and pay tribute to the work she has done in this area. Her perseverance and tenacity are admirable.

There are many benefits of social media; it is a source of learning, advice and support for children and young people. But as we know there are many negatives too, as illustrated by the case of Molly Russell and other cases highlighted by the noble Baroness. There is also concern that harm caused by these platforms is exacerbated by the systems and processes of companies which amplify the spread of this dangerous content. Access is made easier by recommendations and algorithmically generated content suggestions. There is another concern that these companies then thwart the efforts of grieving parents to retrieve the data and information relating to their child’s online activity.

While quantifying the link between social media and children’s health is complicated, and it is argued that there is no definitive academic research, I agree with the House of Lords Science and Technology Select Committee that the absence of good academic evidence is not evidence that social media and screens have no effect on young people and children—they do. The Joint Committee on the Draft Online Safety Bill recently reported the evidence it has received linking self-harm and suicide attempts with accessing content online. There is therefore a strong case for taking action now, before the situation gets worse, and acting on the recommendations of the Joint Committee. It would be very short-sighted to lose the opportunity of including these in the online safety Bill.

I urge the Government to accept the Joint Committee’s recommendations to protect children as a comprehensive package. A statutory code on child online safety must be introduced, and the Bill should be extended to ensure that children are offered safety measures on all services likely to be accessed by children. Access to data by grieving parents in case of death should be included in the Bill.

Will the Government adopt in full the recommendations of the Joint Committee report and, if not, can the Minister please explain the reasons why not? Will the Government accept the proposal by the Law Commission to criminalise the encouragement of self-harm, threats of serious harm and stirring up hatred on grounds of sex, gender and disability? Can the Minister also confirm, in relation to suicide and self-harm content, that all platforms and people of all ages will be in scope of the final Bill presented to Parliament, and that age assurance will be part of the Bill? I look forward to the Minister’s response.

Charities and Civil Society: Ministerial Responsibility

Baroness Prashar Excerpts

Tuesday 23rd November 2021 Lords Chamber

[Lord Parkinson of Whitley Bay (Con)]

I certainly agree with my noble friend and thank him for that. He is right to point out that the briefs of civil society and sport have been combined before to great effect, and right to point to the fantastic organisations that work at increasing people’s participation in sport and physical activity through charitable and civil society groups.

[Baroness Prashar (CB)]

My Lords, I declare my interest as a trustee of Beacon Collaborative, a charity dedicated to promoting philanthropy. As has been said, Covid highlighted not only the importance of civil society but how fragile its sustainability and financial resilience are. Does the Minister agree that the growth of philanthropy is very desirable to increase support for civil society and, if so, can he tell us what the Government are doing to enable greater giving and philanthropy? Is he confident that the current ministerial arrangements are sufficient to support civil society and the growth of philanthropy, and to gain insights into the needs and values of the sector?

Creative Sector

Baroness Prashar Excerpts

Thursday 4th November 2021 Lords Chamber

[Baroness Prashar (CB)]

My Lords, I too thank the noble Baroness, Lady Featherstone, for securing this debate and introducing it with such clarity and passion. This debate is taking place on the auspicious day of Diwali, so I hope that future omens for the revival of creative education and industry are positive. May I also congratulate the noble Lord, Lord Spencer, on his inspiring maiden speech? I was delighted to hear about his Kenya connection, where I was born.

The coronavirus pandemic brought unprecedented challenges to culture and creativity across the UK. The theatre and music industries were probably hit the hardest, but we must all marvel at their resilience and ingenuity, on which we must build going forward.

The economic importance of the creative industries is beyond doubt. The figures, which we are all familiar with, speak for themselves. However, this sector is not just economically important; it is the lifeblood of innovation and diversity. This sector is the glue that holds local communities together and engenders a sense of identity and belonging. It is through creative activity that people express their sense of being. It is our greatest soft power asset, and its social and educational benefits are incalculable.

It is indeed welcome that, in response to the impact of the coronavirus pandemic, the Government introduced several schemes, established the Culture Recovery Fund and made some helpful announcements in the Budget. However, while these schemes have helped some, there are other issues that need greater attention. These include the impact of the pandemic on freelancers, small organisations and some specific groups; and, of course, as we have heard, the need to bolster creative education in schools for the reasons so eloquently expressed by the noble Baroness, Lady Featherstone, the noble Lord, Lord Storey, and the noble Earl, Lord Clancarty.

Freelancers and the self-employed, given the way government support was structured, were excluded from direct support and were not eligible for the furlough scheme. Freelancers are important to the creative economy. ONS data shows that at the end of 2019, around 15% of the workforce were self-employed, but that figure rose to 30% of all creative occupations and 88% of music, performing and visual arts occupations. Freelancers are very vulnerable and are overrepresented in music, performing arts and visual arts. During the pandemic, we saw their number decline.

While the recent Budget makes more support available for freelancers, it is unclear whether this will be enough for those in music, performing and visual arts. Women and young people appear to have been distinctly affected. This points to a need for more specific targeted support for these groups. Are the Government looking at this and will they be providing specific support to freelancers, particularly women and the young?

The reintroduction of the minimum income floor for universal credit will have a negative impact on freelancers with variable income. Equity has called for the abolition of the minimum income floor and the introduction of a more meaningful alternative to support freelancers. Will the Government consider this?

The pandemic crisis and the heightened debate about race following the Black Lives Matter movement raised awareness of structural inequalities and injustices. While greater efforts are being made to encourage diversity and minority representation, this is an opportunity to respond positively to structural inequities, ensuring greater involvement of minorities in decision-making, access to capital, capacity building and skills training. Apprenticeship funding is welcome, but how will this be made more attractive for the creative industries and how will the Government ensure equity in accessing these apprenticeships?

A reinvigorated debate about racial inequality has highlighted structural inequities and this provides an opportunity for an overdue conversation on how to respond to entrenched inequalities. I hope that the Government will engage with relevant groups and organisations to garner ideas and learn what effective action is needed. What action are the Government taking to ensure that this opportunity is not lost?

Research also shows that it is much harder for people from deprived backgrounds to start their career post 18 in a creative industry without a good foundation in creative education in school. As we have heard, despite the commitment to level up there was no sign of the £90 million arts premium in the Budget, as the noble Baroness, Lady Fleet, and others have said. Has this pledge been shelved? If so, why?

The role of the Government and their agencies in providing targeted policy interventions is clear. More targeted support means more devolved and place-based strategies, which are central to achieving the objectives of the levelling-up agenda. What is the Government’s sustainable strategy to ensure that the creative industries are integral to their levelling-up approach? I look forward to the Minister’s response.

Charities Bill [HL]

Baroness Prashar Excerpts

Wednesday 7th July 2021 Grand Committee

[Baroness Prashar (CB) [V]]

My Lords, I refer to my interests as in the register. I welcome these measures to make charity regulation more effective. As a nation, we owe our charity sector a legal framework that is clear and unambiguous. These measures will make it easier for charities to navigate the law and carry out their functions effectively while retaining important safeguards.

I welcome the introduction of greater flexibility with regard to fundraising appeals. Ensuring that donations go towards the purpose intended, or as close as possible, is important, as is the trust between the donor and the charity. This change strikes the right balance. However, it would be helpful to monitor the use of this power with a view to raising the limits in the Bill.

Several changes to provide additional clarity around permanent endowments and the extension of the toolbox available to trustees in seeking to further their charitable purposes are helpful, too. Powers relating to the appointment of trustees, payment of trustees, clarity regarding transfer of gifts following a merger, and making it easier for charities to amend governing documents to dispose of land efficiently are all very sensible.

Good governance of charities is crucial both for accountable stewardship of resources and for retention of public confidence. It will, therefore, be important to ensure that the Charity Commission, as a regulator, is properly resourced and has the capacity to help implement these changes and, where necessary, to keep the changes under review.

Charities are facing difficult times dealing with the recovery from the pandemic. Some 85% of charities expect to be delivering services at pre-pandemic levels this year, but fewer than half expect a return to pre-Covid fundraising levels. If it is the Government’s role to unlock the potential within civil society, we need much greater and stronger leadership from government to support civil society to develop capacity, capability and resilience.

While these changes are really very welcome, it would be helpful to know what steps the Government will take to grow the levels of giving and philanthropy in this country. Increased giving can help charities adapt to changing circumstances brought about by the pandemic, but giving will not grow spontaneously. To build on the necessary changes in this Bill, the Government need to find ways to mobilise greater giving. It would be helpful if the Minister could take forward the need to increase giving and say what steps are being taken to increase giving along with these changes.

Creative Industries: Covid-19

Baroness Prashar Excerpts

Monday 26th April 2021 Lords Chamber

[Baroness Barran (Con)]

As my noble friend is well aware, the BBC is operationally and editorially independent from government, but I share his warm welcome for the BBC’s recent announcement that it plans to move 60% of network TV commissioning spend and 50% of network radio and music spend outside London.

[Baroness Prashar (CB) [V]]

Does the Minister agree that, while levelling-up action must give priority to investment in creative and cultural enterprises across all regions, investment in arts and humanities education is equally important and crucial for innovation and creativity? This aspect is not often valued. What are the Government doing to ensure that this significant area is not overlooked?

[Baroness Barran (Con)]

The noble Baroness makes a good point. She will be aware that much of the work we are doing today stems from the creative industries sector deal, which includes an important plank focusing on skills, just as the noble Baroness suggests.

Social Media: Offensive Material

Baroness Prashar Excerpts

Tuesday 23rd March 2021 Lords Chamber

[Baroness Barran (Con)]

My noble friend raises important points about harassment and bullying. The pile-on harassment to which she refers is one of the specific issues that the Law Commission will be making recommendations on. She mentioned the resources of social media companies, and we are less concerned about them. We feel that they have ample resources, but we will also make sure that Ofcom is fully resourced to respond.

[Baroness Prashar (CB) [V]]

My Lords, although we need to protect freedom of speech, urgent action is needed to deal with abuse of free speech on social media. Does the Minister agree that social media outlets should be required to remove material that contravenes race hate and libel laws and limit how many times messages are forwarded, as those who post racist and other offensive materials are not entitled to have their voices amplified?

[Baroness Barran (Con)]

The noble Baroness is right: what is illegal offline should be illegal online, and it is very clear that the social media companies should remove that content. Where there is harmful but legal content, they need to have very clear systems and processes to make sure that it can be removed quickly.

Music and Performing Arts Students: Visas and Work Permits

Baroness Prashar Excerpts

Thursday 11th March 2021 Lords Chamber

[Baroness Barran (Con)]

My noble friend kindly shared his question with me ahead of time so, despite the technological glitches, I will endeavour to answer. First, we remain disappointed that the deal we proposed in this area, which met the needs of our extraordinary creative industries, was not agreed by the EU. We understand the concerns of the sector and we are working at pace to address them so that touring can resume as soon as it is safe.

[Baroness Prashar (CB) [V]]

My Lords, there are a number of testimonies from musicians who are already losing work in Europe because it is no longer financially viable to tour. EU promoters and venues are no longer hiring UK passport holders. While the proposal for a cultural export office is welcome as a long-term measure, what are the Government doing right now to unravel the huge bureaucratic and regulatory challenges facing touring musicians?

[Baroness Barran (Con)]

We are talking to the sector about an export office, as the noble Baroness mentioned, but the real focus of the working group to which I referred is getting as much evidence as possible of the impact on the sector, some of which the noble Baroness referred to, providing clarity about the steps needed to tour more seamlessly and exploring with the sector the options to support our wonderful practitioners.

Covid-19: Creative Industries

Baroness Prashar Excerpts

Tuesday 22nd September 2020 Lords Chamber

[Baroness Barran (Con)]

I think I will have to write to the noble Viscount on that point.

[Baroness Prashar (CB) [V]]

The pandemic has dealt a devastating blow to people working in the creative industries. Many have lost their livelihoods—[Inaudible.]

[Lord Ashton of Hyde (Con)]

My Lords, I am afraid the noble Baroness is inaudible. If she would like to write to the Minister, I am sure she would be happy to answer her question.