Online Safety Bill

Debate between Baroness Hodge of Barking and Joanna Cherry

Report stage
Tuesday 12th July 2022 Commons Chamber

[Dame Margaret Hodge]

First, congratulations to the Under-Secretary of State for Digital, Culture, Media and Sport, the hon. Member for Folkestone and Hythe (Damian Collins). I think his is one of the very few appointments in these latest shenanigans that is based on expertise and ability. I really welcome him, and the work he has done on the Bill this week has been terrific. I also thank the hon. Member for Croydon South (Chris Philp). When he held the position, he was open to discussion and he accepted a lot of ideas from many of us across the House. As a result, I think we have a better Bill before us today than we would have had. My gratitude goes to him as well.

I support much of the Bill, and its aim of making the UK the safest place to be online is one that we all share. I support the systems-based approach and the role of Ofcom. I support holding the platforms to account and the importance of protecting children. I also welcome the cross-party work that we have done as Back Benchers, and the roles played by both Ministers and by the right hon. and learned Member for Kenilworth and Southam (Sir Jeremy Wright). I thank him for his openness and his willingness to talk to us. Important amendments have been agreed on fraudulent advertising, bringing forward direct liability so there is not a two-year wait, and epilepsy trolling—my hon. Friend the Member for Batley and Spen (Kim Leadbeater) promoted that amendment.

I also welcome the commitment to bring forward amendments in the Lords relating to the amendments tabled by the hon. Member for Brigg and Goole (Andrew Percy) and the right hon. and learned Member for Kenilworth and Southam—I think those amendments are on the amendment paper but it is difficult to tell. It is important that the onus on platforms to be subject to regulation should be based not on size and functionality but on risk of harm. I look forward to seeing those amendments when they come back from the other place. We all know that the smallest platforms can present the greatest risk. The killing of 51 people in the mosques in Christchurch, New Zealand is probably the most egregious example, as the individual concerned had been on 8chan before committing that crime.

I am speaking to amendments 156 and 157 in my name and in the names of other hon. and right hon. Members. These amendments would address the issue of anonymous abuse. I think we all accept that anonymity is hugely important, particularly to vulnerable groups such as victims of domestic violence, victims of child abuse and whistleblowers. We want to retain anonymity for a whole range of groups and, in framing these amendments, I was very conscious of our total commitment to doing so.

Equally, freedom of speech is very important, as the right hon. Member for Haltemprice and Howden (Mr Davis) said, but freedom of speech has never meant freedom to harm, which is not a right this House should promote. It is difficult to define, and it is difficult to get the parameters correct, but we should not think that freedom of speech is an absolute right without constraints.

[Joanna Cherry]

I agree with the right hon. Lady that freedom of speech is not absolute. As set out in article 10 of the European convention on human rights, there have to be checks and balances. Nevertheless, does she agree freedom of speech is an important right that this House should promote, with the checks and balances set out in article 10 of the ECHR?

[Dame Margaret Hodge]

Absolutely. I very much welcome the hon. and learned Lady’s amendment, which clarifies the parameters under which freedom of speech can be protected and promoted.

Equally, freedom of speech does not mean freedom from consequences. The police and other enforcement agencies can pursue unlawful abuse, assuming they have the resources, which we have not discussed this afternoon. I know the platforms have committed to providing the finance for such resources, but I still question whether the resources are there.

The problem with the Bill and the Government amendments, particularly Government amendment 70, is that they weaken the platforms’ duty on legal but harmful abuse. Such abuse is mainly anonymous and the abusers are clever. They do not break the law; they avoid the law with the language they use. It might be best if I give an example. People do not say, in an antisemitic way, “I am going to kill all Jews.” We will not necessarily find that online, but we might find, “I am going to harm all globalists.” That is legal but harmful and has the same intent. We should think about that, without being beguiled by the absolute right to freedom of speech that I am afraid the right hon. Member for Haltemprice and Howden is promoting, otherwise we will find that the Bill does not meet the purposes we all want.

Much of the abuse is anonymous. We do not know how much, but much of it is. When there was racist abuse at the Euros, Twitter claimed that 99% of postings of racist abuse were identifiable. Like the Minister, I wrote to Twitter to challenge that claim and found that Twitter was not willing to share its data with me, claiming GDPR constraints.

It is interesting that, in recent days, the papers have said that one reason Elon Musk has given for pulling out of his takeover is that he doubts Twitter’s claim that fake and spam accounts represent less than 5% of users. There is a lack of understanding and knowledge of the extent of anonymous abuse.

In the case I have shared with the Minister on other occasions, I received 90,000 posts in the two months from the publication of the Equality and Human Rights Commission report to the shenanigans about the position of the previous leader of the Labour party—from October to Christmas. The posts were monitored for me by the Community Security Trust. When I asked how many of the posts were anonymous, I was told that it had been unable to do that analysis. I wish there were the resources to do so, but I think most of the posts were anonymous and abusive.

There is certainly public support for trying to tackle abusive posts. A June 2021 YouGov poll found that 78% of the public are in favour of revealing the identity of those who post online, and we should bear that in mind. If people feel strongly about this, and the poll suggests that they do, we should respond and not put it to one side.

The Government have tried to tackle this with a compromise following the very good work by the hon. Member for Stroud (Siobhan Baillie). The Bill places a duty on the platforms to give users the option to verify their identity. If a user chooses to remain unverified, they may not be able to interact with verified accounts. Although I support the motives behind that amendment, I have concerns.

First, the platform itself would have to verify who holds the account, which gives the platforms unprecedented access to personal details. Following Cambridge Analytica, we know how such data can be abused. Data on 87 million identities was stolen, and we know it was used to influence the Trump election in 2016, and it may have been a factor in the Brexit referendum.

Secondly, the police have been very clear on how I should deal with anonymous online abuse. They say that the last thing I should do is remove it, as they need it to be able to judge whether there is a real threat within the abuse that they should take seriously. So individuals having that right does not diminish the real harm they could face if the online abuse is removed.

Thirdly, one of the problems with a lot of online abuse is not just that it is horrible or can be dangerous in particular circumstances, but that it prevents democracy. It inhibits freedom of speech by inhibiting engagement in free, democratic discourse. Online abuse is used to undermine an individual’s credibility. A lot of the abuse I receive seeks to undermine my credibility. It says that I am a bad woman, that I abuse children, that I break tax law and that I do this, that and the other. Building that picture of me as someone who cannot be believed undermines my ability to enter into legitimate democratic debate on issues I care about. Simply removing anonymous online abuse from my account does not stop the circulation of abusive, misleading content that undermines my democratic right to free speech. Therefore, in its own way, it undermines free speech.

Amendments 156 and 157, in my name and in the name of other colleagues, are based on a strong commitment to protecting anonymity, especially for vulnerable groups. We seek to tackle anonymous abuse not by denying anonymity but by ensuring traceability. It is quite simple. The Government recognise the feasibility and importance of that with age verification; they have now accepted the argument on age verification, and I urge them to take it further. Although I have heard that various groups are hostile to what we are suggesting, in a meeting I held last week with HOPE not hate there was agreement that what we are proposing made sense, and therefore we and the Government should pursue it.

Criminal Finances Bill

Debate between Baroness Hodge of Barking and Joanna Cherry

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons
Tuesday 25th October 2016 Commons Chamber

[Dame Margaret Hodge]

In my view, and indeed the British Government’s view, publicising those registers of ownership is crucial. We decided to do that for ourselves, so why are we not using our powers to enforce it on the Crown dependencies and overseas territories? There are multiple reasons why we have decided to do it for ourselves, and I shall mention two of them. First, for many of the poorer countries, getting their agencies up to speed so that they can pursue people and know what questions to ask is tough, and public registers make it much easier for those people to be interrogated. Civil society should interrogate them, and the registers make it much more likely that the type of activity that I mentioned in the DRC is revealed.

Secondly, we are talking about a very reactive response; if a register can be interrogated only by the international agencies that are allowed to have access, people will have to know that there is something they are after before being able to discover whether or not there is information about beneficial ownership that is relevant to a criminal activity or to aggressive tax avoidance and so on. Such an approach presupposes a degree of intensive resources and knowledge that will not necessarily be in place. Although one of course welcomes the creation of these registers, having them made public is central to making them work.

The Minister should listen not to my words on this, but to those of the former Prime Minister, who was absolutely clear, year on year, when talking about these issues, that the openness and transparency of these registers was what mattered. In 2013, he said to the Crown dependencies and overseas territories that they had to rip aside the “cloak of secrecy” by creating a public register of beneficial ownership. In April 2014, he wrote to the overseas territories, saying that

“beneficial ownership and public access to a central register is key to improving the transparency of company ownership and vital to meeting the urgent challenges of illicit finance and tax evasion.”

He also expressed his hope that overseas territories would follow suit to

“consult on a public registry and look closely at what we are doing in the UK.”

On a trip to the Caribbean in September 2015, he said:

“Some of the British Crown Dependencies and Overseas Territories are making progress in this direction. And others, frankly, are not moving anywhere near fast enough. I say to them all today, including those in this region”—

the Caribbean—

“if we want to break the business model of stealing money and hiding it in places where it can’t be seen: transparency is the answer.”

When we established our own public register here in the UK, David Cameron said that

“there are also many wider benefits to making this information available to everyone. It’s better for businesses here, who’ll be better able to identify who really owns the companies they’re trading with. It’s better for developing countries, who’ll have easy access to all this data without having to submit endless requests for each line of inquiry. And it’s better for us all to have an open system which everyone has access to, because the more eyes that look at this information the more accurate it will be.”

I simply say to the Minister that I really do agree, in this instance, with the former Prime Minister and I hope the current Government will listen carefully to his wise words.

[Joanna Cherry]

The right hon. Lady is, as one would expect, making a very powerful speech. Does she agree that the Government can be comforted by the thought that extending this transparency to the tax havens would be a very popular move with the public, as YouGov polling shows that more than two thirds of people think that the Government should take such action? Research published by Oxfam shows that there are high levels of support for extending this transparency across the political spectrum.

[Dame Margaret Hodge]

I, too, have seen that survey. Any action that the Minister takes will be warmly welcomed by the public across the whole of the United Kingdom—by people of all ages and all genders. This is a really important bit of work, and I hope that the Minister will take it seriously.

I am concerned about the action taken so far. I am concerned that in December 2015 when we had the Overseas Territories Joint Ministerial Council, the Government failed to persuade those territories to implement public registers. I am concerned that, in March 2015, the Cayman Islands and the British Virgin Islands refused to meet Ministers from the Foreign Office and the Treasury. I am concerned that they failed to meet the Financial Secretary’s request that they adopt registers by November 2015. I am concerned that—as I understand it—they have ignored letters from UK Ministers. I am deeply concerned that tax is not even on the agenda for the forthcoming meeting of the Overseas Territories Joint Ministerial Council. I hope that the Minister can address that point. We do have the powers, and, as was mentioned in a previous intervention, we have used them before. The Government must act.

If the Minister could at least tell us that he will set a timeline, at the end of which, if matters cannot be resolved in a collective and collaborative way with the overseas territories and the Crown dependencies, the Government will use their power. That would go a long way to settling some of our concerns today. I hope that he can at least consider that as a possibility for taking the matter forward.

May I briefly comment on some of the other provisions in what is a warmly welcomed bit of legislation? On the unexplained wealth orders, it is particularly welcome that they will be applicable no matter where in the world the offence takes place. May I ask the Minister two questions? If the money comes from an overseas territory —a developing country, for example—will there be a notification to that country of the setting of an unexplained wealth order? Again, our enforcement agencies will be more capable than some others in pursuing laundered money.