Antisocial Behaviour and Off-road Bikes

Debate between Chris Philp and Kim Leadbeater

Tuesday 11th July 2023 Westminster Hall

[Kim Leadbeater]

I will return in a moment to why trying to make progress towards those solutions is so frustrating for me and, more importantly, the residents affected. Just last week I held a roundtable on antisocial behaviour at my office in Heckmondwike, and later this week I will be holding another on road safety. I find such opportunities to get everyone together to address problems very powerful. Although we have made some progress locally, I will not pretend that there is not a much bigger piece of work to be done to get enforcement, and the political and cultural changes we need, to change behaviours and bear down on offenders.

The contributions of the various agencies involved are valuable in setting out what is being done and what more could be done if the resources were available. For me, the most important voices are those of the victims of this hugely disruptive and damaging antisocial behaviour, on whose lives it has a significant impact.

One man from the Fieldhead estate in Birstall told me how seriously his whole family has been impacted. He said:

“The estate is currently plagued with nuisance motorcycles and quad bikes. I have sent many photos and videos to the police and have called them numerous times. Three this week alone. It’s not just the noise, that scares my children to tears, it’s the fact that they ride them around at speeds in excess of 60-70 mph, wear no helmets, ride on the pavement and between the houses and have absolutely no consideration for other residents around, including children that are playing in the streets.

The bikers nearly hit my daughter as she was walking home. On another occasion one guy on a moped almost hit my step mother as she got out of her car. He was speeding and pulling a wheelie as he flew passed.

I am at the end of my tether with it. The police have little to no power and when they do remove the bikes from the riders, they have a different bike in a matter of days.”

A constituent from Gomersal described

“young lads on trial bikes who are riding round our area wearing balaclavas and no helmets. They have no regard for anybody on the road, footpaths or anybody crossing the roads.”

He added:

“I really do believe it is only a matter of time before these people kill somebody.”

I am pleased to say that, in response to the issues raised with me, the police have stepped up patrols, and a number of bikes have been seized. They really want to do more, but it will come as no surprise to hear that they simply do not have the resources or the manpower. John Robins, chief constable of West Yorkshire police, said just last week that the cuts mean that he simply cannot deliver what he wants to deliver as a professional police officer. Since 2010, West Yorkshire has seen cuts to its budget of £165 million and the loss of 2,000 officers. At the same time that police numbers have fallen, there have been cuts to child, youth and community services. Too often, the voluntary and private sectors have to step in to try and fill the void. I want to pay tribute to local charities and organisations that do a fantastic job providing activities for young people to give them a focus and help to keep out them of trouble. Jack Sunderland and his team at the Training Cave in Birstall encourage young people to put their time and energy into boxing, while BUMPY, also in Birstall, offers on and off-road motorbiking sessions and qualifications to young people and adults, including some of the most vulnerable, in a safe environment.

[The Minister for Crime, Policing and Fire (Chris Philp)]

The hon. Lady said a moment ago that police numbers in—was it South Yorkshire?

[Kim Leadbeater]

West Yorkshire.

[Chris Philp]

The hon. Lady said that police numbers in West Yorkshire had fallen. I gently say this: in March 2010, West Yorkshire had 5,856 police officers; in March this year, there were 6,160. Far from being cut, there are now 300 more officers than there were in 2010. I am sure that was inadvertent.

[Kim Leadbeater]

I am happy to be corrected if that is the case, but the deputy mayor for policing in West Yorkshire gave me those figures.

[Chris Philp]

Well, she is wrong.

[Kim Leadbeater]

I am happy to check and apologise if that is the case.

Going back to organisations in my constituency and across the country, Sustrans does a fantastic job of looking after the wonderful Spen Valley Greenway. However, like many charities, it is struggling for funding, and next year it will no longer be able to fund Rob Winslade, our dedicated warden. I am seriously worried about the impact that that will have on the greenway’s safety.

There are many other groups in Batley and Spen, as in all our constituencies, which do similar excellent work. They are keen to be part of the solution to tackling the problems of antisocial behaviour and specifically off-road bikes. However, the truth is that without a systematic, Government-led strategy to properly resource and fund our police force and to provide a proper range of community services, including sport and physical activity provision for young people, we will continue to have the kind of problems we have discussed today. Leadership at a political level is required, with the aim of helping as many people as possible to feel fit, healthy and fulfilled, and of building communities that everybody can feel proud of and want to protect.

We need a shift in culture, but that will not happen by itself. I recently proposed a health and wellbeing strategy that would bring together all Departments of Government alongside local authorities, charities and voluntary organisations, as well as the private sector, to help produce a happier, healthier and safer nation. It will not happen overnight, but the current Government are not doing anywhere near enough to make that happen. I finish by thanking everyone in my constituency and across the country for their fantastic work on this important agenda.

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[The Minister for Crime, Policing and Fire (Chris Philp)]

It is a pleasure, as always, to serve under your chairmanship, Mr Pritchard. I find myself in the Chamber slightly unexpectedly—you will have noticed that a younger and better-looking Minister has appeared than the one who was here at the beginning—[Interruption.] I hear some sceptical gasps rippling around the room. My right hon. Friend the Minister for Security is making a speech somewhere far less august than this. I have therefore come to conclude the debate. The matter is part of my portfolio, so it is probably appropriate that I am here in any event.

I congratulate my hon. Friend the Member for Stockton South (Matt Vickers) on securing the debate on this extremely important topic, which is a Government priority and always has been. We have heard some commentary about resourcing, and it is important that the police have the resources that they need to keep the public safe from antisocial behaviour and crime more widely. To put the record straight on police funding, therefore, the police settlement for the current financial year is £17.2 billion. That is higher than it has ever been at any time in history. Police and crime commissioners specifically, who fund frontline policing in our constituencies, have £550 million—more than half a billion pounds—more this year, compared with last year.

Let me take a moment to comment on police numbers. I am sure that what the hon. Member for Batley and Spen (Kim Leadbeater) said about the police in her county was inaccurate only inadvertently, because her county has record numbers. In fact, England and Wales as a whole have record numbers. To be precise, as of 31 March, we now have 149,472 police officers in England and Wales. That is more than we have ever had at any time in this country’s history, and it is about 3,500 more than in March 2010, when there were 146,030 police officers. These are record police numbers.

We also heard a little about crime recording, data, peak crime and whether crime is going up or down. Perceptions of crime are sometimes different from the actual figures, however. There are two sets of crime figures, which apply to any criminal activity, including ASB. There is the crime survey for England and Wales, which is a large-scale survey recognised by the Office for National Statistics as being the only accurate measure of crime over the long term, and there is police recorded crime, which is when people report things to the police. That is a function of people’s propensity to report to the police and how good a job the police do in recording the crime. Until about five years ago, the police did not always do a particularly good job. The inspectorate has clamped down in the last few years, and the police are now much better at recording everything that is reported to them. It is for that reason that the ONS says that the crime survey is considered the most accurate measure of long-term crime trends.

In that context, I have some figures on changes in crime since 2010—I pick that date arbitrarily, of course. Criminal damage is down by 65%, and vehicle theft is down by 42%. On antisocial behaviour, the shadow Minister, the hon. Member for Croydon Central (Sarah Jones), mentioned that according to the crime survey, which she has obviously seen, 35% of people had experienced antisocial behaviour in the year ending September 2022. What she neglected to mention is that that was a substantial decrease of 12% when compared with the last year before covid.

On police recorded crime, which has its limitations, the hon. Member for Croydon Central said that 1.1 million ASB offences were recorded by the police. Again, she forgot to mention—no doubt for reasons of time and space—that that this is a 21% reduction since before the pandemic.

[Kim Leadbeater]

I know the Minister likes his statistics, and I have always admired his ability to get those statistics out there, but will he not take on board the point made by my hon. Friend the Member for Croydon Central (Sarah Jones) about the reluctance of people to report antisocial behaviour? Sadly, I know from my own experience in Batley and Spen that there is a feeling that nothing will be done so there is not any point in reporting it. That creates more statistics, but they are not visible to us.

[Chris Philp]

What the hon. Lady is saying is that there is limitation in the police recorded crime figures. That is why the crime survey is considered the authoritative source of data. It does not rely on the public reporting a particular offence; it is essentially a public opinion poll on an enormous scale. The methodology has been the same over many years, which is why the crime survey figures are considered the most reliable.

I was going on to say that even though those ASB figures are going down, whether measured by the crime survey or by police recorded crime, this is a serious issue, as the hon. Lady and Government Members have said. People feel that more needs to be done and that there is too much ASB, and the Government agree with that assessment. That is why, just a few weeks ago, the Government launched their antisocial behaviour action plan, which included £160 million of new additional funding.

Among other things, that extra funding pays for antisocial behaviour hotspot patrols, which will target areas of particular antisocial behaviour. Those hotspots could be in town centres, but they could also be in areas where there is quad biking or trail biking going on. That is being piloted in 10 force areas. I think Lancashire is one of those. I was in Chorley, in Mr Speaker’s constituency, last week, out and about with the very first ASB hotspot patrol in Lancashire. There are going to be 14 other hotspot patrols in Lancashire as it rolls out, as well as in 10 other force areas. In April of next year, every single police force in the country—all 43 of them—will have ASB hotpot patrols funded with over £1 million per force.

We are also funding immediate justice, where those people caught perpetrating antisocial behaviour, including on quad bikes and trail bikes, will within 48 hours be made to do some kind of restorative activity—it could be cleaning graffiti or cleaning up the streets—in branded, high-vis jackets, to make clear to the public and the perpetrators that there are consequences when people commit ASB. Again, there are 10 pilot forces, and by April next year every single police force in the country will have about £1 million each to deliver immediate justice.

The plan has a lot of other elements. It strengthens the provisions in the Anti-social Behaviour, Crime and Policing Act 2014. There will also be a statutory instrument shortly to ban nitrous oxide, which is a driver of ASB and a serious matter.

Oral Answers to Questions

Debate between Chris Philp and Kim Leadbeater

Monday 14th November 2022 Commons Chamber

[Kim Leadbeater (Batley and Spen) (Lab)]

In Batley and Spen, we continue to face serious problems of antisocial behaviour, reckless driving and dangerous parking. Ultimately, behaviour change is key, but in the short term, neighbourhood police and local councils need the resources to catch and punish those who show no respect to our communities. When will the Government properly invest in neighbourhood policing, and when will they stop cutting already stretched council budgets so that councils can use their power to tackle dangerous parking?

[Chris Philp]

Council budgets are obviously a matter for the Department for Levelling Up, Housing and Communities, and they will be set out in the local government funding settlement in a few weeks’ time. When it comes to police budgets, which are the Home Office’s responsibility, as I have said once or twice already, the budget this year is £1.1 billion higher than it was last year—it stands now at £16.9 billion—and by April next year, when the police uplift programme is complete, we will have more uniformed police officers recruited than at any time in our country’s history.

Online Safety Bill (Sixteenth sitting)

Debate between Chris Philp and Kim Leadbeater

Committee stage
Tuesday 28th June 2022 Public Bill Committees

[Kim Leadbeater (Batley and Spen) (Lab)]

I rise to speak in favour of new clauses 14 to 16, on media literacy. As we have discussed in Committee, media literacy is absolutely vital to ensure that internet users are aware of the tools available to protect themselves. Knowledge and understanding of the risks online, and how to protect against them, are the first line of defence for us all.

We all know that the Bill will not eliminate all risk online, and it will not entirely clean up the internet. Therefore, ensuring that platforms have robust tools in place, and that users are aware of them, is one of the strongest tools in the Bill to protect internet users. As my hon. Friend the Member for Pontypridd said, including the new clauses in the Bill would help to ensure that we all make decisions based on sound evidence, rather than on poorly informed opinions that can harm not just individuals but democracy itself. The new clauses, which would place a duty on Ofcom to promote media literacy and publish a strategy, are therefore crucial.

I am sure we all agree about the benefits of public health information that informs us of the role of a healthy diet and exercise, and of ways that we can adopt a healthier lifestyle. I do not want to bring up the sensitive subject of the age of members of the Committee, as it got me into trouble with some of my younger colleagues last week, but I am sure many of us will remember the Green Cross Code campaign, the stop smoking campaigns, the anti-drink driving ads, and the powerful campaign to promote the wearing of seatbelts—“Clunk click every trip”. These were publicly funded and produced information campaigns that have stuck in our minds and, I am sure, protected thousands of lives across the country. They laid out the risks and clearly stated the actions we all need to take to protect ourselves.

When it comes to online safety, we need a similar mindset to inform the public of the risks and how we can mitigate them. Earlier in Committee, the right hon. Member for Basingstoke, a former Secretary of State for Digital, Culture, Media and Sport, shared her experience of cyber-flashing and the importance of knowing how to turn off AirDrop to prevent such incidents from occurring in the first place. I had no idea about this simple change that people can make to protect themselves from such an unpleasant experience. That is the type of situation that could be avoided with an effective media literacy campaign, which new clauses 14 to 16 would legislate for.

I completely agree that platforms have a significant duty to design and implement tools for users to protect themselves while using platforms’ services. However, I strongly believe that only a publicly funded organisation such as Ofcom can effectively promote their use, explain the dangers of not using them and target such information at the most vulnerable internet users. That is why I wholeheartedly support these vital new clauses.

[Chris Philp]

The Government obviously recognise and support the intent behind the new clause, which is to make sure that work is undertaken by Ofcom specifically, and the Government more widely, on media literacy. That is important for the reasons laid out by the hon. Members for Aberdeen North and for Batley and Spen.

Ofcom already has a statutory duty to promote media literacy in relation to electronic media, which includes everything in scope of the Bill and more beyond. That is set out in the Communications Act 2003, so the statutory duty exists already. The duty proposed in new clause 14 is actually narrower in scope than the existing statutory duty on Ofcom, and I do not think it would be a very good idea to give Ofcom an online literacy duty with a narrower scope than the one it has already. For that reason, I will resist the amendment, because it narrows the duties rather than widens them.

I would also point out that a number of pieces of work are being done non-legislatively. The campaigns that the hon. Member for Batley and Spen mentioned—dating often, I think, back to the 1980s—were of course done on a non-legislative basis and were just as effective for it. In that spirit, Ofcom published “Ofcom’s approach to online media literacy” at the end of last year, which sets out how Ofcom plans to expand, and is expanding, its media literacy programmes, which cover many of the objectives specified in the new clause. Therefore, Ofcom itself has acted already—just recently—via that document.

Finally, I have two points about what the Government are doing. First, about a year ago the Government published their own online media literacy strategy, which has been backed with funding and is being rolled out as we speak. When it comes to disinformation more widely, which we have debated previously, we also have the counter-disinformation unit working actively on that area.

Therefore, through the Communications Act 2003, the statutory basis exists already, and on a wider basis than in these new clauses; and, through the online media literacy strategy and Ofcom’s own approach, as recently set out, this important area is well covered already.

--- Later in debate ---

[Chris Philp]

I completely understand and accept the point that there are groups of people in society who suffer disproportionate harms, as we have debated previously, and that obviously includes women and girls. There are of course other groups as well, such as ethnic minorities or people whose sexual orientation makes them the target of completely unacceptable abuse in a way that other groups do not suffer.

I accept the point about having this “on the face of the Bill”. We have debated this. That is why clauses 10 and 12 use the word “characteristic”—we debated this word previously The risk assessment duties, which are the starting point for the Bill’s provisions, must specifically and expressly—it is on the face of the Bill—take into account characteristics, first and foremost gender, but also racial identity, sexual orientation and so on. Those characteristics must be expressly addressed by the risk assessments for adults and for children, in order to make sure that the special protections or vulnerabilities or the extra levels of abuse people with those characteristics suffer are recognised and addressed. That is why those provisions are in the Bill, in clauses 10 and 12.

A point was raised about platforms not responding to complaints raised about abusive content that has been put online—the victim complains to the platform and nothing happens. The hon. Members for Pontypridd and for Aberdeen North are completely right that this is a huge problem that needs to be addressed. Clause 18(2) places a duty—they have to do it; it is not optional—on these platforms to operate a complaints procedure that is, in paragraph (c),

“easy to access, easy to use (including by children)”

and that, in paragraph (b),

“provides for appropriate action to be taken”.

They must respond. They must take appropriate action. That is a duty under clause 18. If they do not comply with that duty on a systemic basis, they will be enforced against. The shadow Minister and the hon. Member for Aberdeen North are quite right. The days of the big platforms simply ignoring valid complaints from victims have to end, and the Bill will end them.

[Kim Leadbeater]

I am extremely impressed by the Minister’s knowledge of the Bill, as I have been throughout the Committee’s sittings. It is admirable to see him flicking from page to page, finding where the information about violence against women and girls is included, but I have to concur with the hon. Member for Aberdeen North and my Front-Bench colleagues. There is surely nothing to be lost by specifically including violence against women and girls on the face of the Bill.

[Chris Philp]

I hope I have made very clear in everything I have said, which I do not propose to repeat, that the way the Bill operates, in several different areas, and the way the criminal law has been constructed over the past 10 years, building on the work of previous Governments, is that it is designed to make sure that the crimes committed overwhelmingly against women and girls are prioritised. I think the Bill does achieve the objective of providing that protection, which every member of this Committee wishes to see delivered. I have gone through it in some detail. It is woven throughout the fabric of the Bill, in multiple places. The objective of new clause 23 is more than delivered.

In conclusion, we will be publishing a list of harms, including priority harms for children and adults, which will then be legislated for in secondary legislation. The list will be constructed with the vulnerability of women and girls particularly in mind. When Committee members see that list, they will find it reassuring on this topic. I respectfully resist the new clause, because the Bill is already incredibly strong in this important area as it has been constructed.

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[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.

[Kim Leadbeater]

I would like to press new clause 25 to a Division. It is important that it is included in the Bill.

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

Online Safety Bill (Fifteenth sitting)

Debate between Chris Philp and Kim Leadbeater

Committee stage
Thursday 23rd June 2022 Public Bill Committees

[Kim Leadbeater]

I agree wholeheartedly about the importance of the role of the Children’s Commissioner and she does a fantastic job, but is it not testament to the fact that there is a need for this advocacy body that she is advocating for it and thinks it is a really good idea? The Children Act 2004 is a fantastic Act, but that was nearly 20 years ago and the world has changed significantly since then. The Bill shows that. The fact that she is advocating for it may suggest that she sees the need for a separate entity.

[Chris Philp]

There is a danger if we over-create statutory bodies with overlapping responsibilities. I just read out the current statutory functions of the Children’s Commissioner under the 2004 Act. If we were to agree to the new clause, we would basically be creating a second statutory advocate or body with duties that are the same as some of those that the Children’s Commissioner already exercises. I read from section 2 of the Act, where those duties are set out. I do not think that having two people with conflicting or competing duties would be particularly helpful.

Online Safety Bill (Thirteenth sitting)

Debate between Chris Philp and Kim Leadbeater

Committee stage & Committee Debate - 13th sitting
Tuesday 21st June 2022 Public Bill Committees

[Kim Leadbeater (Batley and Spen) (Lab)]

It is fantastic to hear that those other things are happening—that is all well and good—but surely we should explicitly call out disinformation and misinformation in the Online Safety Bill. The package of other measures that the Minister mentions is fantastic, but I think they have to be in the Bill.

[Chris Philp]

The hon. Lady says that those measures should be in the Bill—more than they already are—but as I have pointed out, the way in which the legal architecture of the Bill works means that the mechanisms to do that would be adding a criminal offence to schedule 7 as a priority offence, for example, or using a statutory instrument to designate the relevant kind of harm as a priority harm, which we plan to do in due course for a number of harms. The Bill can cover disinformation with the use of those mechanisms.

We have not put the harmful to adults content in the Bill; it will be set out in statutory instruments. The National Security Bill is still progressing through Parliament, and we cannot have in schedule 7 of this Bill an offence that has not yet been passed by Parliament. I hope that that explains the legal architecture and mechanisms that could be used under the Bill to give force to those matters.

On amendment 57, the Government feel that six months is a very short time within which to reach clear conclusions, and that 18 months is a more appropriate timeframe in which to understand how the Bill is bedding in and operating. Amendment 58 would require Ofcom to produce a code of practice on system-level disinformation. To be clear, the Bill already requires Ofcom to produce codes of practice that set out the steps that providers will take to tackle illegal content— I mentioned the new National Security Bill, which is going through Parliament—and harmful content, which may, in some circumstances, include disinformation.

Disinformation that is illegal or harmful to individuals is in scope of the duties set out in the Bill. Ofcom’s codes of practice will, as part of those duties, have to set out the steps that providers should take to reduce harm to users that arises from such disinformation. Those steps could include content-neutral design choices or interventions of other kinds. We would like Ofcom to have a certain amount of flexibility in how it develops those codes of practice, including by being able to combine or disaggregate those codes in ways that are most helpful to the general public and the services that have to pay regard to them. That is why we have constructed them in the way we have. I hope that provides clarity about the way that disinformation can be brought into the scope of the Bill and how that measure then flows through to the codes of practice. I gently resist amendments 57 and 58 while supporting the clause standing part of the Bill.

Question put, That the amendment be made.

Online Safety Bill (Fourteenth sitting)

Debate between Chris Philp and Kim Leadbeater

Committee stage
Tuesday 21st June 2022 Public Bill Committees

[Chris Philp]

I welcome the shadow Minister’s support for this review clause, which is important. I will not add to her comments.

Question put and agreed to.

Clause 149 accordingly ordered to stand part of the Bill.

Clause 150

Harmful communications offence

[Kim Leadbeater]

I beg to move amendment 112, in clause 150, page 127, line 28, at end insert “and;

(b) physical harm that has been acquired as a consequence of receiving the content of a message sent online.”

This amendment would expand the definition of harm for the purposes of the harmful communications offence to incorporate physical harm resulting from messages received online.

--- Later in debate ---

[Kim Leadbeater]

I genuinely appreciate the Minister’s comments, but why would we spend more time doing other pieces of legislation when we can do it right here and right now? The amendment will solve the problem without causing any more pain or suffering over a long period of time.

[Chris Philp]

One of the pieces of legislation that could be used is this Bill, because it is in scope. If the hon. Lady can bear with me until Report, I will say more about the specific legislative vehicle that we propose to use.

On the precise wording to be used, I will make a couple of points about the amendments that have been tabled—I think amendment 113 is not being moved, but I will speak to it anyway. Amendment 112, which was tabled by the hon. Member for Batley and Spen, talks about bringing physical harm in general into the scope of clause 150. Of course, that goes far beyond epilepsy trolling, because it would also bring into scope the existing offence of assisting or encouraging suicide, so there would be duplicative law: there would be the existing offence of assisting or encouraging suicide and the new offence, because a communication that encouraged physical harm would do the same thing.

If we included all physical harm, it would duplicate the proposed offence of assisting or encouraging self-harm that is being worked on by the Ministry of Justice and the Law Commission. It would also duplicate offences under the Offences Against the Person Act 1861, because if a communication caused one person to injure another, there would be duplication between the offence that will be created by clause 150 and the existing offence. Clearly, we cannot have two offences that criminalise the same behaviour. To the point made by the hon. Member for Aberdeen North, it would not be right to create two epilepsy trolling offences. We just need one, but it needs to be right.

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[Chris Philp]

That is a good question, and it ties into my next point. Clearly, amendment 113 is designed to create a two-sentence epilepsy trolling offence. When trying to create a brand-new offence—in this case, epilepsy trolling—it is unlikely that two sentences’ worth of drafting will do the trick, because a number of questions need to be addressed. For example, the drafting will need to consider what level of harm should be covered and exactly what penalty would be appropriate. If it was in clause 150, the penalty would be two years, but it might be higher or lower, which needs to be addressed. The precise definitions of the various terms need to be carefully defined as well, including “epilepsy” and “epileptic seizures” in amendment 113, which was tabled by my hon. Friend the Member for Blackpool North and Cleveleys. We need to get proper drafting.

My hon. Friend the Member for Eastbourne mentioned that the Epilepsy Society had some thoughts on the drafting. I know that my colleagues in the Ministry of Justice and, I am sure, the office of the parliamentary counsel, would be keen to work with experts from the Epilepsy Society to ensure that the drafting is correct. Report will likely be before summer recess—it is not confirmed, but I am hoping it will be—and getting the drafting nailed down that quickly would be challenging.

I hope that, in a slightly indirect way, that answers the question. We do not have collective agreement about the precise legislative vehicle to use; however, I hope it addresses the questions about how the timing and the choreography could work.

[Kim Leadbeater]

We have talked a lot about the Epilepsy Society this afternoon, and quite rightly too, as they are the experts in this field. My understanding is that it is perfectly happy with the language in this amendment—

[Chris Philp]

Which one?

[Kim Leadbeater]

Amendment 112. I think that the Epilepsy Society feels that this would be covered. I am also confused, because the Minister said previously that it was his belief and intention that this clause would cover epilepsy trolling, but he is now acknowledging that it does not. Why would we not, therefore, just accept the amendment that covers it and save everybody a lot of time?

[Chris Philp]

Representations have been made by the three Members here that epilepsy deserves its own stand-alone offence, and the Government have just agreed to do that, so take that as a win. On why we would not just accept amendment 112, it may well cover epilepsy, and may well cover it to the satisfaction of the Epilepsy Society, but it also, probably inadvertently, does a lot more than that. It creates a duplication with the offence of assisting or encouraging suicide.

[Kim Leadbeater]

Surely that is almost a bonus?

[Chris Philp]

No, it is not a bonus, because we cannot have two different laws that criminalise the same thing. We want to have laws that are, essentially, mutually exclusive. If a person commits a particular act, it should be clear which Act the offence is being committed under. Imagine that there were two different offences for the same act with different sentences—one is two years and one is 10 years. Which sentence does the judge then apply? We do not want to have law that overlaps, where the same act is basically a clear offence under two different laws. Just by using the term “physical harm”, amendment 112 creates that. I accept that it would cover epilepsy, but it would also cover a whole load of other things, which would then create duplication.

That is why the right way to do this is essentially through a better drafted version of amendment 113, which specifically targets epilepsy. However, it should be done with drafting that has been done properly—with respect to my hon. Friend the Member for Blackpool North and Cleveleys, who drafted the amendment—with definitions that are done properly, and so on. That is what we want to do.

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[Chris Philp]

My hon. Friend makes an extremely powerful point that is incapable of being improved upon.

[Kim Leadbeater]

rose—

[Chris Philp]

Or perhaps it is.

[Kim Leadbeater]

It is wonderful that we have such consensus on this issue. I am grateful to colleagues for that. I am very concerned about the pressures on parliamentary time, and the fact that we are kicking this issue down the road again. We could take action today to get the process moving. That is what Zach and his family want and what other people who have been subjected to this hideous bullying want. Without a firm timeframe for another way of getting this done, I am struggling to understand why we cannot do this today.

[Chris Philp]

The progress that the campaign has made, with the clear commitment from the Government that we are going to legislate for a specific epilepsy trolling offence, is a huge step forward. I entirely understand the hon. Lady’s impatience. I have tried to be as forthcoming as I can be about likely times, in answer to the question from the hon. Member for Aberdeen North, within the constraints of what is currently collectively agreed, beyond which I cannot step.

Amendment 112 will sort out the epilepsy, but unfortunately it will create duplicative criminal law. We cannot let our understandable sense of urgency end up creating a slightly dysfunctional criminal statute book. There is a path that is as clear as it reasonably can be. Members of the Committee will probably have inferred the plan from what I said earlier. This is a huge step forward. I suggest that we bank the win and get on with implementing it.

[Chris Philp]

I think that is probably a good place to leave my comments. I can offer public testimony of my hon. Friend’s tenacity in pursuing this issue.

I ask the hon. Member for Batley and Spen to withdraw the amendment. I have given the reasons why: because it would create duplicative criminal law. I have been clear about the path forward, so I hope that on that basis we can work together to get this legislated for as a new offence, which is what she, her constituent and my hon. Friends the Members for Watford and for Eastbourne and others have been calling for.

[Kim Leadbeater]

I appreciate the Minister’s comments and the support from across the House. I would like to the push the amendment to a vote.

Question put, That the amendment be made.

Online Safety Bill (Ninth sitting)

Debate between Chris Philp and Kim Leadbeater

Committee stage
Tuesday 14th June 2022 Public Bill Committees

[Chris Philp]

There is a difference between random individuals posting stuff on Facebook, as opposed to content generated by what we have defined as a “recognised news publisher”. We will debate that in a moment. We recognise that is different in the Bill. Although the Opposition are looking to make amendments to clause 50, they appear to accept that the press deserve special protection. Article 10 case law deriving from the European convention on human rights also recognises that the press have a special status. In our political discourse we often refer generally to the importance of the freedom of the press. We recognise that the press are different, and the press have made the case—both newspapers and broadcasters, all of which now have websites—that their reader engagement is an integral part of that free speech. There is a difference between that and individuals chucking stuff on Facebook outside of the context of a news article.

There is then a question about whether, despite that, those comments are still sufficiently dangerous that they merit regulation by the Bill—a point that the shadow Minister, the hon. Member for Pontypridd, raised. There is a functional difference between comments made on platforms such as Facebook, Twitter, TikTok, Snapchat or Instagram, and comments made below the line on a news website, whether it is The Guardian, the Daily Mail, the BBC—even The National. The difference is that on social media platforms, which are the principal topic of the Bill, there is an in-built concept of virality—things going viral by sharing and propagating content widely. The whole thing can spiral rapidly out of control.

Virality is an inherent design feature in social media sites. It is not an inherent design feature of the comments we get under the news website of the BBC, The Guardian or the Daily Mail. There is no way of generating virality in the same way as there is on Facebook and Twitter. Facebook and Twitter are designed to generate massive virality in a way that comments below a news website are not. The reach, and the ability for them to grow exponentially, is orders of magnitude lower on a news website comment section than on Facebook. That is an important difference, from a risk point of view.

[Kim Leadbeater (Batley and Spen) (Lab)]

This issue comes down to a fundamental point—are we looking at volume or risk? There is no difference between an individual—a young person in this instance—seeing something about suicide or self-harm on a Facebook post or in the comments section of a newspaper article. The volume—whether it goes viral or not—does not matter if that individual has seen that content and it has directed them to somewhere that will create serious harm and lead them towards dangerous behaviour. The volume is not the point.

[Chris Philp]

The hon. Lady raises an important philosophical question that underpins much of the Bill’s architecture. All the measures are intended to strike a balance. Where there are things that are at risk of leading to illegal activity, and things that are harmful to children, we are clamping down hard, but in other areas we are being more proportionate. For example, the legal but harmful to adult duties only apply to category 1 companies, and we are looking at whether that can be extended to other high-risk companies, as we debated earlier. In the earlier provisions that we debated, about “have regard to free speech”, there is a balancing exercise between the safety duties and free speech. A lot of the provisions in the Bill have a sense of balance and proportionality. In some areas, such as child sexual exploitation and abuse, there is no balance. We just want to stop that—end of story. In other areas, such as matters that are legal but harmful and touch on free speech, there is more of a balancing exercise.

In this area of news publisher content, we are again striking a balance. We are saying that the inherent harmfulness of those sites, owing to their functionality—they do not go viral in the same way—is much lower. There is also an interaction with freedom of the press, as I said earlier. Thus, we draw the balance in a slightly different way. To take the example of suicide promotion or self-harm content, there is a big difference between stumbling across something in comment No. 74 below a BBC article, versus the tragic case of Molly Russell—the 14-year-old girl whose Instagram account was actively flooded, many times a day, with awful content promoting suicide. That led her to take her own life.

I think the hon. Member for Batley and Spen would probably accept that there is a functional difference between a comment that someone has to scroll down a long way to find and probably sees only once, and being actively flooded with awful content. In having regard to those different arguments—the risk and the freedom of the press—we try to strike a balance. I accept that they are not easy balances to strike, and that there is a legitimate debate to be had on them. However, that is the reason that we have adopted this approach.

--- Later in debate ---

[Chris Philp]

I thank the hon. Member for Batley and Spen for her speech. There is agreement across the House, in this Committee and in the Joint Committee that the commitment to having a free press in this country is extremely important. That is why recognised news publishers are exempted from the provisions of the Bill, as the hon. Lady said.

The clause, as drafted, has been looked at in some detail over a number of years and debated with news publishers and others. It is the best attempt that we have so far collectively been able to come up with to provide a definition of a news publisher that does not infringe on press freedom. The Government are concerned that if the amendment were adopted, it would effectively require news publishers to register with a regulator in order to benefit from the exemption. That would constitute the imposition of a mandatory press regulator by the back door. I put on record that this Government do not support any kind of mandatory or statutory press regulation, in any form, for reasons of freedom of the press. Despite what has been said in previous debates, we think to do that would unreasonably restrict the freedom of the press in this country.

While I understand its intention, the amendment would drive news media organisations, both print and broadcast, into the arms of a regulator, because they would have to join one in order to get the exemption. We do not think it is right to create that obligation. We have reached the philosophical position that statutory or mandatory regulation of the press is incompatible with press freedom. We have been clear about that general principle and cannot accept the amendment, which would violate that principle.

In relation to hostile states, such as Russia, I do not think anyone in the UK press would have the slightest objection to us finding ways to tighten up on such matters. As I have flagged previously, thought is being given to that issue, but in terms of the freedom of the domestic press, we feel very strongly that pushing people towards a regulator is inappropriate in the context of a free press.

The characterisation of these provisions is a little unfair, because some of the requirements are not trivial. The requirement in 50(2)(f) is that there must be a person—I think it includes a legal person as well as an actual person—who has legal responsibility for the material published, which means that, unlike with pretty much everything that appears on the internet, there is an identified person who has legal responsibility. That is a very important requirement. Some of the other requirements, such as having a registered address and a standards code, are relatively easy to meet, but the point about legal responsibility is very important. For that reason, I respectfully resist the amendment.

[Kim Leadbeater]

I will not push the amendment to a vote, but it is important to continue this conversation, and I encourage the Minister to consider the matter as the Bill proceeds. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Online Safety Bill (Tenth sitting)

Debate between Chris Philp and Kim Leadbeater

Committee stage
Tuesday 14th June 2022 Public Bill Committees

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

It is, as always, a great pleasure to serve under your chairmanship, Sir Roger. The hon. Member for Ochil and South Perthshire made an observation in passing about the Government’s willingness to listen and respond to parliamentarians about the Bill. We listened carefully to the extensive prelegislative scrutiny that the Bill received, including from the Joint Committee on which he served. As a result, we have adopted 66 of the changes that that Committee recommended, including on significant things such as commercial pornography and fraudulent advertising.

If Members have been listening to me carefully, they will know that the Government are doing further work or are carefully listening in a few areas. We may have more to say on those topics as the Bill progresses; it is always important to get the drafting of the provisions exactly right. I hope that that has indicated to the hon. Gentleman our willingness to listen, which I think we have already demonstrated well.

On new clause 36, it is important to mention that there is already a criminal offence of inciting suicide. It is a schedule 7 priority offence, so the Bill already requires companies to tackle content that amounts to the existing offence of inciting suicide. That is important. We would expect the promotion of material that encourages children to self-harm to be listed as a primary priority harm relating to children, where, again, there is a proactive duty to protect them. We have not yet published that primary priority harm list, but it would be reasonable to expect that material promoting children to self-harm would be on it. Again, although we have not yet published the list of content that will be on the adult priority harm list—obviously, I cannot pre-empt the publication of that list—one might certainly wish for content that promotes adults to self-harm to appear on it too.

The hon. Gentleman made the point that duties relating to adults would apply only to category 1 companies. Of course, the ones that apply to children would apply to all companies where there was significant risk, but he is right that were that priority harm added to the adult legal but harmful list, it would apply only to category 1 companies.

[Kim Leadbeater]

Will the Minister give way?

[Chris Philp]

In a second, but I may be about to answer the hon. Lady’s question.

Those category 1 companies are likely to be small in number, as I think the shadow Minister said, but I would imagine—I do not have the exact number—that they cover well over 90% of all traffic. However, as I hinted on the Floor of the House on Second Reading—we may well discuss this later—we are thinking about including platforms that may not meet the category 1 size threshold but none the less pose high-level risks of harm. If that is done—I stress “if”—it will address the point raised by the hon. Member for Ochil and South Perthshire. That may answer the point that the hon. Member for Batley and Spen was going to raise, but if not, I happily give way.

[Kim Leadbeater]

It kind of does, but the Minister has raised some interesting points about children and adults and the risk of harm. To go back to the work of Samaritans, it is really important to talk about the fact that suicide is the biggest killer of young people aged 16 to 24, so it transcends the barrier between children and adults. With the right hon. Member for Basingstoke, the hon. Member for Aberdeen North, and the shadow Minister, my hon. Friend the Member for Pontypridd, we have rightly talked a lot about women, but it is really important to talk about the fact that men account for three quarters of all suicide. Men aged between 45 and 49 are most at risk of suicide—the rate among that group has been persistently high for years. It is important that we bring men into the discussion about suicide.

[Chris Philp]

I am grateful for the element of gender balance that the hon. Member has introduced, and she is right to highlight the suicide risk. Inciting suicide is already a criminal offence under section 2 of the Suicide Act 1961 and we have named it a priority offence. Indeed, it is the first priority offence listed under schedule 7—it appears a third of the way down page 183—for exactly the reason she cited, and a proactive duty is imposed on companies by paragraph 1 of schedule 7.

On amendment 142 and the attendant new clause 36, the Government agree with the sentiment behind them—namely, the creation of a new offence of encouraging or assisting serious self-harm. We agree with the substance of the proposal from the hon. Member for Ochil and South Perthshire. As he acknowledged, the matter is under final consideration by the Law Commission and our colleagues in the Ministry of Justice. The offence initially proposed by the Law Commission was wider in scope than that proposed under new clause 36. The commission’s proposed offence covered the offline world, as well as the online one. For example, the new clause as drafted would not cover assisting a person to self-harm by providing them with a bladed article because that is not an online communication. The offence that the Law Commission is looking at is broader in scope.

The Government have agreed in principle to create an offence based on the Law Commission recommendation in separate legislation, and once that is done the scope of the new offence will be wider than that proposed in the new clause. Rather than adding the new clause and the proposed limited new offence to this Bill, I ask that we implement the offence recommended by the Law Commission, the wider scope of which covers the offline world as well as the online world, in separate legislation. I would be happy to make representations to my colleagues in Government, particularly in the MOJ, to seek clarification about the relevant timing, because it is reasonable to expect it to be implemented sooner rather than later. Rather than rushing to introduce that offence with limited scope under the Bill, I ask that we do it properly as per the Law Commission recommendation.

Once the Law Commission recommendation is enacted in separate legislation, to which the Government have already agreed in principle, it will immediately flow through automatically to be incorporated into clause 52(4)(d), which relates to illegal content, and under clause 176, the Secretary of State may, subject to parliamentary approval, designate the new offence as a priority offence under schedule 7 via a statutory instrument. The purpose of amendment 142 can therefore be achieved through a SI.

The Government publicly entirely agree with the intention behind the proposed new clause 36, but I think the way to do this is to implement the full Law Commission offence as soon as we can and then, if appropriate, add it to schedule 7 by SI. The Government agree with the spirit of the hon. Gentleman’s proposal, but I believe that the Government already have a plan to do a more complete job to create the new offence.

Online Safety Bill (Seventh sitting)

Debate between Chris Philp and Kim Leadbeater

Committee stage
Thursday 9th June 2022 Public Bill Committees

[Chris Philp]

It is categorically not the Government’s position that this problem is too big to fix. In fact, the whole purpose of this piece of groundbreaking and world-leading legislation is to fix a problem of such magnitude. The point my right hon. Friend was making about the hypothecation of fines to support user advocacy is a somewhat different one, which we will come to in due course, but there is nothing in the Bill to prevent individual groups from assisting individuals with making specific complaints to individual companies, as they are now entitled to do in law under clauses 17 and 18.

The point about an ombudsman is a slightly different one—if an individual complaint is made to a company and the individual complainant is dissatisfied with the outcome of their individual, particular and personal complaint, what should happen? In the case of financial services, if, for example, someone has been mis-sold a mortgage and they have suffered a huge loss, they can go to an ombudsman who will bindingly adjudicate that individual, single, personal case. The point that I am making is that having hundreds of thousands or potentially millions of cases being bindingly adjudicated on a case-by- case basis is not the right way to tackle a problem of this scale. The right way to tackle the problem is to force the social media companies, by law, to systemically deal with all of the problem, not just individual problems that may end up on an ombudsman’s desk.

That is the power in the Bill. It deals at a systems and processes level, it deals on an industry-wide level, and it gives Ofcom incredibly strong enforcement powers to make sure this actually happens. The hon. Member for Pontypridd has repeatedly called for a systems and processes approach. This is the embodiment of such an approach and the only way to fix a problem of such magnitude.

[Kim Leadbeater]

I associate myself with the comments of the right hon. Member for Basingstoke. Surely, if we are saying that this is such a huge problem, that is an argument for greater stringency and having an ombudsman. We cannot say that this is just about systems. Of course it is about systems, but online harms—we have heard some powerful examples of this—are about individuals, and we have to provide redress and support for the damage that online harms do to them. We have to look at systemic issues, as the Minister is rightly doing, but we also have to look at individual cases. The idea of an ombudsman and greater support for charities and those who can support victims of online crime, as mentioned by the hon. Member for Aberdeen North, is really important.

[Chris Philp]

I thank the hon. Lady for her thoughtful intervention. There are two separate questions here. One is about user advocacy groups helping individuals to make complaints to the companies. That is a fair point, and no doubt we will debate it later. The ombudsman question is different; it is about whether to have a right of appeal against decisions by social media companies. Our answer is that, rather than having a third-party body—an ombudsman—effectively acting as a court of appeal against individual decisions by the social media firms, because of the scale of the matter, the solution is to compel the firms, using the force of law, to get this right on a systemic and comprehensive basis.

Online Safety Bill (Sixth sitting)

Debate between Chris Philp and Kim Leadbeater

Committee stage
Tuesday 7th June 2022 Public Bill Committees

[Chris Philp]

As I say, clause 10 already references the governance arrangements, but my strong view is that the only thing that will make these companies sit up and take notice—the only thing that will make them actually protect children in a way they are currently not doing—is the threat of billions of pounds of fines and, if they do not comply even after being fined at that level, the threat of their service being disconnected. Ultimately, that is the sanction that will make these companies protect our children.

[Kim Leadbeater (Batley and Spen) (Lab)]

As my hon. Friend the Member for Worsley and Eccles South has said, the point here is about cultural change, and the way to do that is through leadership. It is not about shutting the gate after the horse has bolted. Fining the companies might achieve something, but it does not tackle the root of the problem. It is about cultural change and leadership at these organisations. We all agree across the House that they are not doing enough, so how do we change that culture? It has to come from leadership.

[Chris Philp]

Yes, and that is why governance is addressed in the clause as drafted. But the one thing that will really change the way the leadership of these companies thinks about this issue is the one thing they ultimately care about—money. The reason they allow unsafe content to circulate and do not rein in or temper their algorithms, and the reason we are in this situation, which has arisen over the last 10 years or so, is that these companies have consistently prioritised profit over protection. Ultimately, that is the only language they understand—it is that and legal compulsion.

While the Bill rightly addresses governance in clause 10 and in other clauses, as I have said a few times, what has to happen to make this change occur is the compulsion that is inherent in the powers to fine and to deny service—to pull the plug—that the Bill also contains. The thing that will give reassurance to our constituents, and to me as a parent, is knowing that for the first time ever these companies can properly be held to account. They can be fined. They can have their connection pulled out of the wall. Those are the measures that will protect our children.

--- Later in debate ---

[Kim Leadbeater]

The Minister makes a really valid point and is right about the impact on the individual. The point I am trying to make with the amendments is that this is about the impact on the democratic process, which is why I think it fits in with clause 15. It is not about how individuals feel; it is about the impact that that has on behaviours, and about putting the emphasis and onus on platforms to decide what is of democratic importance. In the evidence we had two weeks ago, the witnesses certainly did not feel comfortable with putting the onus on platforms. If we were to have a code of practice, we would at least give them something to work with on the issue of what is of democratic importance. It is about the impact on democracy, not just the harm to the individual involved.

[Chris Philp]

Clearly, if a communication is sufficiently offensive that it meets the criminal threshold, it is covered, and that would obviously harm the democratic process as well. If a communication was sufficiently offensive that it breached the harmful communication offence in clause 150, it would also, by definition, harm the democratic process, so communications that are damaging to democracy would axiomatically be caught by one thing or the other. I find it difficult to imagine a communication that might be considered damaging to democracy but that would not meet one of those two criteria, so that it was not illegal and would not meet the definition of a harmful communication.

My main point is that the existing provisions in the Bill address the kinds of behaviours that were described in those two speeches—the illegal content provisions, and the new harmful communication offence in clause 150. On that basis, I hope the hon. Member for Batley and Spen will withdraw the amendment, safe in the knowledge that the Bill addresses the issue that she rightly and reasonably raises.

Question put, That the amendment be made.

Online Safety Bill (Fifth sitting)

Debate between Chris Philp and Kim Leadbeater

Committee stage
Tuesday 7th June 2022 Public Bill Committees

[Chris Philp]

To reassure the hon. Member on the point about doing the risk assessment, all the companies have to do the risk assessment. That obligation is there. Ofcom can request any risk assessment. I would expect, and I think Parliament would expect, it to request risk assessments either where it is concerned about risk or where the platform is particularly large and has a very high reach—I am thinking of Facebook and companies like that. But hon. Members are talking here about requiring Ofcom to receive and, one therefore assumes, to consider, because what is the point of receiving an assessment unless it considers it? Receiving it and just putting it on a shelf without looking at it would be pointless, obviously. Requiring Ofcom to receive and look at potentially 25,000 risk assessments strikes me as a disproportionate burden. We should be concentrating Ofcom’s resources—and it should concentrate its activity, I submit—on those companies that pose a significant risk and those companies that have a very high reach and large numbers of users. I suggest that, if we imposed an obligation on it to receive and to consider risk assessments for tiny companies that pose no risk, that would not be the best use of its resources, and it would take away resources that could otherwise be used on those companies that do pose risk and that have larger numbers of users.

[Kim Leadbeater]

Just to be clear, we are saying that the only reason why we should not be encouraging the companies to do the risk assessment is that Ofcom might not be able to cope with dealing with all the risk assessments. But surely that is not a reason not to do it. The risk assessment is a fundamental part of this legislation. We have to be clear that there is no point in the companies having those risk assessments if they are not visible and transparent.

[Chris Philp]

All the companies have to do the risk assessment, for example for the “illegal” duties, where they are required to by the Bill. For the “illegal” duties, that is all of them; they have to do those risk assessments. The question is whether they have to send them to Ofcom—all of them—even if they are very low risk or have very low user numbers, and whether Ofcom, by implication, then has to consider them, because it would be pointless to require them to be sent if they were not then looked at. We want to ensure that Ofcom’s resources are pointed at the areas where the risks arise. Ofcom can request any of these. If Ofcom is concerned—even a bit concerned—it can request them.

Hon. Members are then making a slightly adjacent point about transparency—about whether the risk assessments should be made, essentially, publicly available. In relation to comprehensive public disclosure, there are legitimate questions about public disclosure and about getting to the heart of what is going on in these companies in the way in which Frances Haugen’s whistleblower disclosures did. But we also need to be mindful of what we might call malign actors—people who are trying to circumvent the provisions of the Bill—in relation to some of the “illegal” provisions, for example. We do not want to give them so much information that they know how they can circumvent the rules. Again, there is a balance to strike between ensuring that the rules are properly enforced and having such a high level of disclosure that people seeking to circumvent the rules are able to work out how to do so.

Online Safety Bill (Fourth sitting)

Debate between Chris Philp and Kim Leadbeater

Committee stage & Committee Debate - 4th sitting
Thursday 26th May 2022 Public Bill Committees

[Kim Leadbeater]

Q You have no concerns about that.

Stephen Almond: No.

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

Q Mr Almond, welcome to the Committee. Thank you for joining us this afternoon. Can I start with co-operation? You mentioned a moment ago in answer to Maria Miller that co-operation between regulators, particularly in this context the ICO and Ofcom, was going to be very important. Would you describe the co-operative work that is happening already and that you will be undertaking in the future, and comment on the role that the Digital Regulation Cooperation Forum has in facilitating that?

Stephen Almond: Thank you very much. I will start by explaining the Digital Regulation Cooperation Forum. It is a voluntary, not statutory, forum that brings together ourselves, Ofcom, the Competition and Markets Authority and the Financial Conduct Authority—some of the regulators with the greatest interest in digital regulation—to make sure that we have a coherent approach to the regulation of digital services in the interests of the public and indeed the economy.

We are brought together through our common interest. We do not require a series of duties or statutory frameworks to make us co-operate, because the case for co-operation is very, very clear. We will deliver better outcomes by working together and by joining up where our powers align. I think that is what you are seeing in practice in some of the work we have done jointly—for example, around the implementation of the children’s code alongside Ofcom’s implementation of the video-sharing platform regime. A joined-up approach to questions about, for example, how you assure the age of children online is really important. That gives me real confidence in reassuring the Committee that the ICO, Ofcom and other digital regulators will be able to take a very joined-up approach to regulating in the context of the new online safety regime.

--- Later in debate ---

[Kim Leadbeater]

Q Should the Bill commit to that?

Lynn Perry: As a recommendation, we think that could only strengthen the protections of children.

[Chris Philp]

Q Picking up that last point about representation for particular groups of users including children, Ms Perry, do you agree that the ability to designate organisations that can make super-complaints might be an extremely valuable avenue, in particular for organisations that represent user groups such as children? Organisations such as yours could get designated and then speak on behalf of children in a formal context. You could raise super-complaints with the regulator on behalf of the children you speak for. Is that something to welcome? Would it address the point made by my colleague, Kim Leadbetter, a moment ago?

Lynn Perry: We would welcome provision to be able to bring particularly significant evidence of concern. That is certainly something that organisations, large charities in the sector and those responsible for representing the rights of children and young people would welcome. On some of these issues, we work in coalition to make representations on behalf of children and young people, as well as of parents and carers, who also raise some concerns. The ability to do that and to strengthen the response is something that would be welcomed.

--- Later in debate ---

[Kim Leadbeater]

Q My only concern is that someone who just decides to call themselves a journalist will be able to say what they want.

Owen Meredith: I do not think that would be allowable under the Bill, because of the distinction between a recognised news publisher publishing what we would all recognise as journalistic content, versus the journalistic content exemption. I think that is why they are treated differently.

[Chris Philp]

Q Can I start by clarifying a comment that Owen Meredith made at the very beginning? You were commenting on where you would like the Bill to go further in protecting media organisations, and you said that you wanted there to be a wholesale exemption for recognised news publishers. I think there already is a wholesale exemption for recognised news publishers. The area where the Government have said they are looking at going further is in relation to what some people call a temporary “must carry” provision, or a mandatory right of appeal for recognised news publishers. Can I just clarify that that is what you meant?

Owen Meredith: Yes. I think the issue is how that exemption will work in practice. I think that what the Government have said they are looking at and will bring forward does address the operating in practice.

--- Later in debate ---

[Kim Leadbeater]

Q I thank the witnesses for coming. In terms of regulation, I was going to ask whether you believe that Ofcom is the most suitable regulator to operate in this area. You have almost alluded to the fact that you might not. On that basis, should we specify in the Bill a duty for Ofcom to co-operate with other regulators—for example, the Competition and Markets Authority, the Financial Conduct Authority, Action Fraud or whoever else?

Tim Fassam: I believe that would be helpful. I think Ofcom is the right organisation to manage the relationship with the platforms, because it is going to be much broader than the topics we are talking about in our session, but we do think the FCA, Action Fraud and potentially the CMA should be able to direct, and be very clear with Ofcom, that action needs to be taken. Ofcom should have the ability to ask for things to be reviewed to see whether they break the rules.

The other area where we think action probably needs to be taken is where firms are under investigation, because the Bill assumes it is clear cut whether something is fraud, a scam, a breach of the regulations or not. In some circumstances, that can take six months or a year to establish through investigation. We believe that if, for example, the FCA feels that something is high risk, it should be able to ask Ofcom to suspend an advert, or a firm from advertising, pending an investigation to assess whether it is a breach of the regulation.

Rocio Concha: I agree that Ofcom is the right regulator, the main regulator, but it needs to work with the other regulators—with the FCA, ASA and CMA—to enforce the Bill effectively. There is another area. Basically, we need to make sure that Ofcom and all the regulators involved have the right resources. When the initial version of the Bill was published, Ofcom got additional resources to enable it to enforce the Bill. But the Bill has increased in scope, because now it includes fraud and fraudulent advertising. We need to make sure that Ofcom has the right resources to enforce the full Bill effectively. That is something that the Government really need to consider.

Martin Lewis: I was going to make exactly that point, but it has just been made brilliantly so I will not waste your time.

[Chris Philp]

Q I thank the witnesses for joining us this afternoon, and particularly Martin Lewis for his campaigning in this area.

I will start by agreeing with the point that Martin Lewis made a minute or two ago—that we cannot trust these companies to work on their own. Mr Lewis, I am not sure whether you have had a chance to go through clause 34, which we inserted into the Bill following your evidence to the Joint Committee last year. It imposes a duty on these companies to take steps and implement systems to

“prevent individuals from encountering content consisting of fraudulent advertisements”.

There is a clear duty to stop them from doing this, rather as you were asking a minute ago when you described the presentation. Does that strong requirement in clause 34, to stop individuals from encountering fraudulent advertisement content, meet the objective that you were asking for last year?

Martin Lewis: Let me start by saying that I am very grateful that you have put it in there and thankful that the Government have listened to our campaign. What I am about to say is not intended as criticism.

It is very difficult to know how this will work in practice. The issue is all about thresholds. How many scam adverts can we stomach? I still have, daily—even from the platform that I sued, never mind the others—tens of reports directly to me of scam adverts with my face on. Even though there is a promise that we will try to mitigate that, the companies are not doing it. We have to have a legitimate understanding that we are not going to have zero scam adverts on these platforms; unless they were to pre-vet, which I do not think they will, the way they operate means that will not happen.

I am not a lawyer but my concern is that the Bill should make it clear, and that any interpretation of the Bill from Ofcom should be clear, about exactly what threshold of scam adverts is acceptable—we know that they are going to happen—and what threshold is not acceptable. I do not have the expertise to answer your question; I have to rely on your expertise to do that. But I ask the Committee to think properly about what the threshold level should be.

What is and is not acceptable? What counts as “doing everything they can”? They are going to get big lawyers involved if you say there must be zero scam adverts—that is not going to happen. How many scam adverts are acceptable and how many are not? I am so sorry to throw that back as a question when I am a witness, but I do not have the expertise to answer. But that is my concern: I am not 100% convinced of the threshold level that you are setting.

Online Safety Bill (Third sitting)

Debate between Chris Philp and Kim Leadbeater

Committee stage & Committee Debate - 3rd sitting
Thursday 26th May 2022 Public Bill Committees

[Kim Leadbeater]

Thank you.

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

Q Thank you to the witnesses for joining us and giving us such thorough and clear responses to the various questions. I want to start on a topic that William Perrin and William Moy touched on—the exemption for recognised news publishers, set out in clause 50. You both said you have some views on how that is drafted. As you said, I asked questions on Tuesday about whether there are ways in which it could be improved to avoid loopholes—not that I am suggesting there are any, by the way. Mr Perrin and Mr Moy, could you elaborate on the specific areas where you think it might be improved?

William Moy: Essentially, the tests are such that almost anyone could pass them. Without opening the Bill, you have to have a standards code, which you can make up for yourself, a registered office in the UK and so on. It is not very difficult for a deliberate disinformation actor to pass the set of tests in clause 50 as they currently stand.

Online Safety Bill (Second sitting)

Debate between Chris Philp and Kim Leadbeater

Committee stage
Tuesday 24th May 2022 Public Bill Committees

[Kim Leadbeater]

Q Thank you for your very powerful testimony, Rhiannon. I appreciate that could not have been easy. Going back to the digital literacy piece, it feels like we were talking about digital literacy in the Bill when it started coming through, and that has been removed now. How important do you think it is that we have a digital literacy strategy, and that we hold social media providers in particular to having a strategy on digital education for young people?

Rhiannon-Faye McDonald: It is incredibly important that we have this education piece. Like Susie said, we cannot rely on technology or any single part of this to solve child sexual abuse, and we cannot rely on the police to arrest their way out of the problem. Education really is the key. That is education in all areas—educating the child in an appropriate way and educating parents. We hold parenting workshops. Parents are terrified; they do not know what to do, what platforms are doing what, or what to do when things go wrong. They do not even know how to talk to children about the issue; it is embarrassing for them and they cannot bring it up. Educating parents is a huge thing. Companies have a big responsibility there. They should have key strategies in place on how they are going to improve education.

[Chris Philp]

Q Can I start by thanking both Rhiannon-Faye and Susie for coming and giving evidence, and for all the work they are doing in this area? I know it has been done over many years in both cases.

I would like to pick up on a point that has arisen in the discussion so far—the point that Susie raised about the risks posed by Meta introducing end-to-end encryption, particularly on the Facebook Messenger service. You have referenced the fact that huge numbers of child sexual exploitation images are identified by scanning those communications, leading to the arrests of thousands of paedophiles each year. You also referenced the fact that when this was temporarily turned off in Europe owing to the privacy laws there—briefly, thankfully—there was a huge loss of information. We will come on to the Bill in a minute, but as technology stands now, if Meta did proceed with end-to-end encryption, would that scanning ability be lost?

Susie Hargreaves: Yes. It would not affect the Internet Watch Foundation, but it would affect the National Centre for Missing and Exploited Children. Facebook, as a US company, has a responsibility to do mandatory reporting to NCMEC, which will be brought in with the Bill in this country. Those millions of images would be lost, as of today, if they brought end-to-end encryption in now.