Online Safety

Debate between Lord Ashton of Hyde and Lord Alton of Liverpool

Tuesday 26th February 2019 Lords Chamber

[Lord Ashton of Hyde]

I agree with the right reverend Prelate, and that is something the Government are considering.

[Lord Alton of Liverpool (CB)]

My Lords, I welcome the response that Matt Hancock has given to the father of 14 year-old Molly Russell, who took her life in 2017, having visited one of these suicide sites. That was a year in which the suicide rate among young females increased by 38%. As long ago as 7 December 2006, I asked the Government to amend the Suicide Act 1961 to enable the,

“banning of internet sites which may incite people to, or advise people on how to, commit suicide”.—[Official Report, 7/12/2006; col. WA 157.]

This is an issue I have raised on a dozen occasions since then, along with the noble Baroness, Lady Massey. While I welcome the White Paper and legislation, will the Minister confirm that this is an urgent issue, which ought to be dealt with as expeditiously as possible?

[Lord Ashton of Hyde]

I agree that it is extremely important; we should expect social media companies to have responsibility, and we should hold them to account. The Secretary of State for Health and Social Care has met social media companies, and written to them on this issue. He had a round table on 7 February to discuss what more can be done, and his department will be hosting a follow-up round table in two months to review progress, so they are taking it seriously. In addition, bearing in mind what the right reverend Prelate said, we are thinking about those issues, as the noble Lord will see when the White Paper comes out.

Gambling: Advertising Ban

Debate between Lord Ashton of Hyde and Lord Alton of Liverpool

Wednesday 16th January 2019 Lords Chamber

[Lord Ashton of Hyde]

I agree with the noble Lord. Part of the gambling licensing conditions that betting organisations have to abide by are that they should act responsibly and specifically not target young and vulnerable people. It is up to the Gambling Commission to make sure they abide by their licensing conditions.

[Lord Alton of Liverpool (CB)]

My Lords, when the Minister looks at the effect of gambling on young people, will he take into account the survey conducted by ParentZone yesterday about a new phenomenon called skin gambling? It said:

“Our survey confirmed it is wide-spread, with 10% of children across the UK aged 13-18 revealing they have gambled skins in some form. This percentage amounts to approximately 448,744 children”.


This is surely one of the new phenomena now appearing in social media and elsewhere targeted at young people, and the Government need always to be ahead of the game in these kinds of circumstances.

[Lord Ashton of Hyde]

The Government are aware of that, and when in-game items such as skins can be used to place a bet or gamble, and be converted into cash, it is considered gambling and requires a licence. The Gambling Commission has taken action and prosecuted unlicensed gambling of in-game items known as skins. We are seeking to work with the video games industry to raise awareness of that and explore solutions, but I take the noble Lord’s point. We are aware of gambling in games and it is a new issue of which we are taking account.

Data Protection Bill [HL]

Debate between Lord Ashton of Hyde and Lord Alton of Liverpool

Committee: 2nd sitting (Hansard): House of Lords
Monday 6th November 2017 Lords Chamber

[Lord Ashton of Hyde]

There may be some confusion now. I am not saying that children’s data is not important or that data protection for children is not important: clearly they are. However, the internet safety strategy addresses an overall, comprehensive range of measures that is about more than just data protection. We want to have a comprehensive strategy, which I am going to come to, to talk about safety. Nobody in their right mind is saying that we should not protect children, not only on the domestic front but internationally, as the noble Baroness, Lady Jay, said. Let me continue and I am sure all will become clear. If it does not, I am sure that the noble Baroness and others will cross-question me. If I have misunderstood what the noble Lord, Lord Knight, is getting at, I will look at Hansard and get back to him. I am sure we will come to this again.

We have a clear plan of action to raise the level of safety online for all users, as set out in the internet safety strategy. We are consulting on a new code of practice for the providers of online social media platforms, as required by the Digital Economy Act. That will set best practice for platform providers in offering adequate online protection policies, including minimum standards. Approaching the problem in this way as a safety matter, rather than a data protection matter, ensures we can tackle the problem while avoiding a debate over whether we are compliant with the GDPR. The internet safety strategy also outlines the Government’s promotion of “Think safety first” for online services. This will aim to educate and encourage new start-ups and developers to ensure that safety and privacy are built into their products from the design phase. Examples of this type of approach include having robust reporting mechanisms for users. We are looking at whether extra considerations should be in place on devices that are registered as being used by a child.

It is essential that we take a careful and considered approach to affecting the design standard of online services. Making overly complex or demanding requirements may result in negative consequences. Let me explain why. Amendments 18 and 19 essentially offer website operators a stark choice. Websites will need to either invest in upgrading standards and design or withdraw their services for use by under-16s. This is dangerous for the following reasons.

First, it could cause a displacement effect where children move to less popular platforms that would potentially not comply with such requirements—the noble Baroness, Lady Jay, talked about foreign sites. It is often more difficult to monitor these services and to ensure they have the basic protections that we expect from more legitimate sites. Platforms comply either because they are responsible or because they believe that the regulator will take enforcement action against them. Platforms hosted overseas may not always comply, because to do so would reduce the volume of users and potential monetisation, and the risk of enforcement action may be low.

Secondly, it is likely that young people, particularly those who already use these sites, may lie about their age to circumvent restrictions. This could have negative consequences for the prosecution of online grooming and underage sex: teenagers would be vulnerable to the assumption that they are over 16; adults could use this as a defence for their conduct; and sites may not be as accountable for the content that children are exposed to. This is not an imaginary problem. There have been cases of acquittal at trial, where men have had sexual relations with underage girls after meeting them on sites for over-18s only, using their presence on the site as a defence for believing them to be adults.

Thirdly, circumvention may be sought through the use of mechanisms to anonymise—I am having a problem with my pronunciation too—the use of the internet. Young people may adopt anonymising tools such as VPNs to access non-UK versions of the sites. This would make it more difficult for law enforcement to investigate, should they be exploited or subject to crime.

Fourthly, there is already in place a variety of legislation to safeguard children. Any change brought in through this Bill would have potential ramifications for other statutes. Altering how children make use of online service providers would need to be carefully worked through with law enforcement agencies to ensure that it did not damage the effectiveness of safeguarding vulnerable people.

Fifthly, these amendments do not just apply to social media services. A broad range of online services would be affected by this proposal, from media players to commerce sites. The kinds of services that would be caught by this amendment include many that develop content specifically for young people, including educational materials, not to mention the wider impact on digital skills if children are forced offline.

I move on now to more practical considerations. I am concerned that the amendments as drafted, while an elegant proposal, could serve to create confusion about what sites have to do. We know that the GDPR will apply from 25 May, and I am not convinced that this will allow enough time for the commissioner to consult on the guidance, prepare it, agree it and lay it before Parliament, and for companies to be compliant with it. Online service providers will need to adhere to the new requirements from May 2018, and may have existing customers that the new provisions will apply to. They will need some time to make any necessary changes in advance. Even with the transition period available in the amendment, this would lead to considerable uncertainty and confusion from online services about the rules they will have to follow come May. This could result in the problems that I have already laid out.

Finally, the Information Commissioner has raised a technical point. These amendments would apply only where consent is the lawful basis for processing data. Children also have access to online services where the data controller relies on a contractual basis or vital interests to offer services, rather than reliance on consent. Therefore, the amendments may have less reach than seems to be envisaged and are likely to lead to confusion as to which services the requirements apply to.

In summary, in spite of our appreciation of the aims of these amendments, we have concerns. They may prove dangerous to the online safety of children and young people. Creating unnecessary and isolated requirements runs the risk of being counterproductive to other work in this space. There needs to be some serious and detailed discussion on this before any changes are made. Furthermore, the technical and legal drafting of the amendments remains in question.

There is no doubt that further work needs to be done in the online safety space to ensure the robust and sustainable protection of our children and young people online. We have demonstrated commitment to this through the work on the internet safety strategy and the Digital Economy Act. We are working on these issues as a matter of priority, but strongly believe that it is better to address them as a whole rather than pursue them through the narrow lens of data protection. We need to work collaboratively with a wide range of stakeholders to ensure that we get the right approach. The noble Baroness, Lady Kidron, for example, was among those who attended the parliamentarians’ round table on the internet safety strategy, which she mentioned, hosted by the Secretary of State last week. We are engaged on this issue and are not pursuing the work behind locked doors. These specific amendments, however, are not the right course of action to take at this time.

[Lord Alton of Liverpool]

My Lords, the Minister has just referred to the round table. He will recall that I mentioned in my remarks the issue of definitions and suicide sites that were raised during that round table last week. Can he tell the House any more about that?

[Lord Ashton of Hyde]

I was not at the round table, and I am afraid that I would require some notice to answer that question. I am certainly happy to write to the Committee about that. I had not forgotten; I just do not have an answer.

Given the arguments that I have laid out, I would like to reassure the House that this issue remains high priority. The noble Lord, Lord Knight, asked whether GOV.UK’s Verify site could be used for age verification. Verify confirms identity against records held by mobile phone companies, HM Passport Office, the DVLA and credit agencies, so it is not designed for use by children. We will continue to work with interested parties to improve internet safety, but in a coherent and systematic way. For the moment, and in anticipation of further discussions, I ask the noble Baroness to withdraw her amendment.

I now move to Amendment 20A from the noble Lords, Lord Stevenson and Lord Kennedy, on the requirement for a review of Clause 8. Again, the Government agree with the spirit of this amendment in ensuring that the legislation we are creating offers the protections that we desire. However, there are a few issues that we would like to address.

First, it is government practice to review and report in cases of new legislation like this. Bringing about a mandatory report in this case is therefore unnecessary. Furthermore, prescribing the specific content of such a report at this stage is counterproductive. This is especially true given the complex and wide-ranging nature of child online safety and the work being conducted by the Government in this space.

Secondly, on timings, as noble Lords are aware, we must comply with the GDPR from 25 May next year, by which time the Bill must be passed. I am concerned, therefore, that to require a review to be published within 12 months of the Bill passing would not leave sufficient time to produce a meaningful report. Companies need the time to bring in new mechanisms to be compliant with the regulation. For data to be created and collected, time must be given for the sites to be tested and used following the new regulations. This will allow for the comparison of robust data and that which will reflect other work around online safety, which is still being developed. For those reasons, I ask the noble Lords not to press their amendments.

Digital Economy Bill

Debate between Lord Ashton of Hyde and Lord Alton of Liverpool

Report: 2nd sitting (Hansard): House of Lords
Monday 20th March 2017 Lords Chamber

[Lord Alton of Liverpool]

My Lords, I support the amendment proposed by the noble Baronesses, Lady Jones and Lady Janke, but also the remarks of my noble friend Lady Howe. I want to ask the Minister, when he comes to reply, about an issue that I raised in your Lordships’ House previously, and that is the issue of suicide sites on the internet. It concerns me that young people can be encouraged to visit those sites and take their own lives. Only a year ago I attended a school prize giving in a north-west school, and the headmaster told me when I arrived how a child in that school had taken their own life only the day before. As noble Lords can imagine, that was a terrible tragedy not only for the family but for the whole school, and it rather changed the atmosphere on that occasion. That child had been visiting one of the suicide sites on the internet, and the headmaster discovered that several other children had been doing the same.

It can be revenge porn or the kind of trolling to which the noble Baroness referred, the harassment of young women in particular, or the whipping up of xenophobia, racism or anti-Semitism, but it is right that there should be a code of practice, and we should get on with it. I hope that the Minister will tell us more about the Green Paper, what the framework will be for it and when we are going to start to look at these issues seriously.

[Lord Ashton of Hyde]

My Lords, I am grateful to all contributors on this important subject. We take the harm caused by online abuse and harassment very seriously. The measures that we have introduced in this Bill show that the Government are taking this seriously. I hope that I can offer some comfort in this area since we last discussed these two amendments in Committee.

Amendment 25YR seeks to require Ministers to issue a mandatory code of practice to ensure that commercial social media platform providers show a duty of care to ensure the safety of a child or young person using their service; to report and remove illegal posts on social media; prohibit and remove cyberbullying; and to undertake to work with the education profession and charities to provide children with digital safety skills. Amendment 33A seeks to impose a duty on “social media services” to respond to reports posted on their site of material which passes the “criminal test”, being that the content would, if published by other means or communicated in person, cause a criminal offence to be committed. I have two responses to these amendments—first, an explanation of the work that this Government have started to address these issues through our internet safety strategy; and, secondly, some fundamental concerns about their drafting.

The UK is leading the way in online safety, and will continue to do so, with the support of industry, parents, charities, academics, and other experts, and this is a firm priority for this Government. We have been absolutely clear that abusive and threatening behaviour is totally unacceptable in any form, online or offline. On 27 February, my department announced that it is leading cross-government work on an internet safety strategy which aims to make the UK the safest place in the world to go online for children and young people. This work will also address the abuse that women suffer online, as we look at trolling and other aggressive behaviour, including rape threats. We will ask experts, social media companies, tech firms, charities and young people themselves about online safety during a series of round tables later this month, and we will use these discussions to understand more about the scope of the problem and identify where there are gaps in our current approach to tackling online harms.

We will continue to consult closely with interested parties throughout the spring, including Members of this House with expertise in this area. Indeed, we have already invited several noble Lords to take part. A key part of this work will be to clearly set out the responsibilities of social media in respect of online safety as part of a Green Paper which will be published in June. Other priorities will include: how to help young people to avoid risks online; helping parents to face up to the dangers and discuss them with their children; and how technology can help provide solutions.

We have not ruled anything out at this stage, including a code of practice, but this is a complex field and to find the right solution we need to take the time to have a proper conversation with all the leading stakeholders. We would not want anything to prejudge the outcome of these discussions. We believe that this will result in a properly considered, comprehensive approach to online safety which stakeholders are fully signed up to, and one that will deliver the long-lasting protections that these amendments are seeking to secure.

Immigration Bill

Debate between Lord Ashton of Hyde and Lord Alton of Liverpool

Wednesday 20th January 2016 Lords Chamber

[Lord Ashton of Hyde]

I completely agree that it is an important point and I will be happy to write to the noble Lord and others who have spoken on this after our session in Committee today.

[Lord Alton of Liverpool]

I am grateful to the Minister for his response to the noble Lord, Lord Kennedy. Can he be clear in that response on the distinction that is being made between voluntary activity and voluntary work, which I found very difficult to understand, and I am sure that many in the field will find it perplexing too. Their worry will be that either they as organisations or some of those asylum seekers who are involved in voluntary activities could find themselves prejudiced against or even prosecuted. These are significant issues that need to be addressed in some detail.

[Lord Ashton of Hyde]

I take the point from the noble Lord, and that is why it would be better if our response was written down once we had had a chance to think about it carefully and get our definitions right. I will circulate the response and put a copy in the Library of the House so that voluntary organisations know where they are.

Syria: Refugees

Debate between Lord Ashton of Hyde and Lord Alton of Liverpool

Wednesday 10th December 2014 Lords Chamber

[Lord Alton of Liverpool (CB)]

My Lords, the Minister told us that there are 3.2 million refugees in the region. The generosity of countries such as Jordan, Lebanon, Egypt and Turkey contrasts with the lack of generosity of many other countries. Although Her Majesty’s Government have been generous with humanitarian aid, the number of vulnerable refugees—90—that the Minister mentioned to the House today is in stark contrast to that figure of 3.2 million. Only yesterday in Geneva, as the noble Lord, Lord Rosser, mentioned, the UN specifically asked that 130,000 should be accepted by developed countries. Will the noble Lord tell us what we are going to do to try to reach that target? We are now in the depths of winter, and groups such as the Yazidis and the other minorities that we have all followed over these past months are in freezing conditions. What are we doing to ensure that they are given additional humanitarian relief?

[Lord Ashton of Hyde]

The noble Lord is right to highlight these issues. We take this very seriously and approach it in the way that we think is the best way of approaching it; that is, that humanitarian aid in the region is the best way of doing it. We accept that for very vulnerable people in special circumstances we can provide help in this country, but we think that providing £700 million to the region is the most effective way of providing our humanitarian aid, which will help people in that area. It provides basic things such as water and food, which can help the largest numbers of people, and it complements the UN’s programme because we take the people into this country that it suggests to us and we provide money in the area to deal with the people directly on the ground.

Assisted Dying Bill [HL]

Debate between Lord Ashton of Hyde and Lord Alton of Liverpool

Friday 7th November 2014 Lords Chamber

[Lord Alton of Liverpool]

My Lords, I am grateful to the noble Lord for giving way.

[Lord Ashton of Hyde (Con)]

My Lords, I think it is usual not to intervene before the noble Lord has moved the amendment.