(1 week, 3 days ago)
Lords Chamber
Baroness Shawcross-Wolfson (Con)
My Lords, I will not detain the House at this hour. I thank the Minister for the progress the Government have made on this since we spoke about it in Committee—it really is a step forward. However, like other noble Lords, I urge the Minister to just go a little bit further, and, if she could possibly address the issues raised by the noble Baroness, Lady Kidron, that would be fantastic. I hope she will have good news for us when she stands up.
Lord Cameron of Lochiel (Con)
My Lords, I begin by placing on record my gratitude to all the noble Lords who have led the campaign on this important issue, none more so than the noble Baroness, Lady Kidron, who has so ably championed this cause. I think it self-evident that we all acknowledge the harms that phones and social media are doing to our youth. I speak as a father of teenage children who are grappling with these very issues day to day.
This is most tragically brought to the fore when phones and social media lead to the death of children. Parents who face this unimaginable tragedy should be able to know what their child was accessing, and the evidence from these awful incidents should prove to the general public that steps have to be taken. I see no argument for why the police should not be required to collect evidence relating to potential digital harm, as indeed they are required to do for general causes of death. Similarly, if social media has in part led to the death of a child, the bare minimum that providers should do is to retain the data relating to the victim.
I too express gratitude to the Minister for considering the arguments raised in Committee and acting upon this. I understand that many in your Lordships’ House believe that Amendment 429A does not go far enough and that it does not place the desired duties on police forces. However, I welcome at least the start that this represents.
There is a tension, I fear, between what the Government are doing in your Lordships’ House—rightly, making concessions on the issue—and, at the same time, in the other place voting against further protections from online harms. The Minister’s amendment today places duties on providers. It is a short step from mandating data retention to enforcing age limits. This is not the time for that debate in its entirety, but it is worth putting it on the record. I reiterate my gratitude to all Members of your Lordships’ House who have campaigned on this important matter.
(1 month, 3 weeks ago)
Lords ChamberMy Lords, I fully support these amendments and congratulate the noble Baroness, Lady Kidron, on her fight to highlight these issues over many years and on her opening remarks. I also pay respect to the bereaved parents who have been campaigning tirelessly and look to us to achieve change.
It is common sense for coroners and law enforcement agencies to have access to the social media accounts of deceased children who are believed to have died as a result of social media activity. If it was your child or grandchild, would you not want that? This action needs to take place automatically before accounts are deleted. Accounts should be preserved, and it should be a criminal offence to delete or edit them before they are reviewed by investigators. Like so many grieving parents across the country, I strongly believe that social media companies should not be allowed to withhold or destroy often crucial evidence that could be vital to investigations and lead to criminal convictions.
After hearing on “BBC Breakfast” news this morning some of the heartbreaking stories from bereaved parents who are campaigning on this issue and urging the Government to take more robust action, I was convinced that tragic cases such as these clearly highlight the need for social media companies to be compelled to protect our children and safeguard them from harm. This is yet another plea before more harm is done because, right at this very moment, there is a child viewing harmful content that could lead to tragedy, so I hope the Government are listening—and is Ofcom listening? I want them to listen to these bereaved parents and take further action. I urge the Government to accept these much-needed amendments and act now.
Baroness Shawcross-Wolfson (Con)
My Lords, I cannot match the eloquence of some of the previous speakers, but I want to add my support for this group of amendments. We have heard the policy arguments for these proposals and, as a policymaker, I think they are overwhelming, but I add my support as a parent as well as a legislator.
Those of us with children and teenagers know full well how much of a child’s life nowadays is conducted on a screen behind a password. Friendships, pressures and influences are impossible to get at without access to that digital record. I pay tribute to the bereaved parents who have campaigned with such courage and dignity; they have turned unimaginable grief into a determination to protect others, and the whole House will honour what they are doing today.
I very much hope that the Government accept these amendments and, if not, I know that the noble Baroness, Lady Kidron, will be true to her word and continue to bring them back on Report.
(5 months ago)
Lords Chamber
Baroness Shawcross-Wolfson (Con)
My Lords, we live in an age where pretty much all of us carry in our pocket the means to access pornographic content so extreme that it would be illegal for any shop to sell it to any adult, anywhere in the country and, until very recently, children have had ready access to this extreme content. As the noble Baroness, Lady Hazarika, said—it bears repeating—44% of children see depictions of rape in pornography before they turn 18. I think everyone in this House would accept that, since the early 2000s, there has been a huge change in who sees pornography and what pornography they are seeing. However, by and large, the regulatory framework has not changed. It is not designed for the digital age or the smartphone age, and it is certainly not designed for the age of AI, where anyone can generate a pornographic image in seconds.
Our legislation must catch up. The provisions in the Online Safety Act and the Data Act are an important first step, but more is needed. While running the No. 10 Policy Unit for Rishi Sunak, I pushed for an independent review to look at the problems associated with online pornography and to advise the Government on what could be done. That review was established in 2023 and my noble friend Lady Bertin was appointed lead reviewer.
I am extremely glad that the current Government shared our concerns and continued to support the work of the independent review, which, as we have heard, published a comprehensive and shocking report earlier this year. It is thanks to my noble friend Lady Bertin and her team that we now have a much clearer understanding of what is happening online and the impact it is having in the real world. As she set out in her speech, our failure to regulate online pornography has facilitated an industry that is
“increasingly violent, degrading and misogynistic”.
It is an industry that directs users towards ever more extreme content, and in doing so it is changing attitudes and fuelling violence towards women and girls. Indeed, almost every month seems to bring fresh evidence of the damage being done to children, to women and to those viewing this harmful content—content that goes unchecked because we have failed to apply our existing, settled laws and regulations to the online world.
In the pre-internet age, we had a broadly effective mechanism for regulating pornography through classification. We balanced the rights of consenting adults with the need to protect society. For over 40 years, legislation has ensured that pornographic videos are regulated by the British Board of Film Classification. Depictions of illegal activity such as rape, and harmful activity such as violent sexual activity, are banned. However, this regulation has never been extended to cover online pornography. There is nothing rational about a system that says content is illegal and harmful when watched on a DVD, but legal and permissible when watched on the internet. If we still believe that it is wrong and harmful for adults to watch depictions of incest on video, Blu-ray or DVD, how can we believe that that content should be readily available online?
In this Bill, the Government have a chance to act decisively, and I am extremely grateful for the commitment to bring forward an amendment to ban depictions of strangulation and suffocation in pornography. That is an important start but, during the passage of the Bill, I hope the House will agree to go further. My starting point is that we should apply the same standards to films that are distributed online as we already do to those that are distributed offline. It raises legitimate questions of enforcement and regulatory capacity. Those are valid concerns and I hope that we will debate them in Committee. However, I do not believe it should raise concerns about freedom of expression: after all, I am simply proposing that we apply and enforce our existing standards consistently—unless, of course, some would like to argue that our current laws for offline pornography have been stifling our freedom for decades and should now be relaxed, in which case I look forward to debating that, too.
I know that regulation in the digital age is not straightforward. Having spent many years in government, I have every sympathy for the current Government, who may well think that this is simply too hard to do. It is hard to do. But I would say to them that it is too important not to do, which is why I will be supporting the amendments in this space, including those from my noble friends Lady Owen and Lady Bertin.