Online Safety Bill

Adam Afriyie Excerpts

Report stage
Monday 5th December 2022 Commons Chamber

[Adam Afriyie (Windsor) (Con)]

My right hon. Friend will be aware that the measure will encompass every single telephone conversation when it switches to IP. That is data, too.

[Mr Davis]

That is correct. The companies cannot easily focus the measure on malicious content alone, and that is the problem. With everything we do in dealing with enforcing the law, we have to balance the extent to which we make the job of the law enforcement agency possible—ideally, easy—against the rights we take away from innocent citizens. That is the key balance. Many bad things happen in households but we do not require people to live in houses with glass walls. That shows the intrinsic problem we have.

--- Later in debate ---

[Matt Rodda]

Thank you, Madam Deputy Speaker. A boy called Olly Stephens in my constituency was just 13 years old when he was stabbed and brutally murdered in an attack linked to online bullying. He died, sadly, very near his home. His parents had little idea of the social media activity in his life. It is impossible to imagine what they have been through. Our hearts go out to them.

Harmful but legal content had a terrible effect on the attack on Olly. The two boys who attacked and stabbed him had been sharing enormous numbers of pictures and videos of knives, repeatedly, over a long period of time. There were often videos of teenagers playing with knives, waving them or holding them. They circulated them on 11 different social media platforms over a long period of time. None of those platforms took any action to take the content down. We all need to learn more about such cases to fully understand the impact of legal but harmful content. Even at this late stage, I hope that the Government will think again about the changes they have made to the Bill and include this area again in the Bill.

There is a second aspect of this very difficult case that I want to mention: the fact that Olly’s murder was discussed on social media and was planned to some extent beforehand. The wider issues here underline the need for far greater regulation and moderation of social media, in particular teenagers’ use of these powerful sites. I am finding it difficult to talk about some of these matters, but I hope that the Government will take my points on board and address the issue of legal but harmful content, and that the Minister will think again about these important matters. Perhaps we will have an opportunity to discuss it in the Bill’s later stages.

[Adam Afriyie]

I am pleased to follow my fairly close neighbour from Berkshire, the hon. Member for Reading East (Matt Rodda). He raised the issue of legal but harmful content, which I will come to, as I address some of the amendments before us.

I very much welcome the new shape and focus of the Bill. Our primary duty in this place has to be to protect children, above almost all else. The refocusing of the Bill certainly does that, and it is now in a position where hon. Members from all political parties recognise that it is so close to fulfilling its function that we want it to get through this place as quickly as possible with today’s amendments and those that are forthcoming in the Lords and elsewhere in future weeks.

The emerging piece of legislation is better and more streamlined. I will come on to further points about legal but harmful, but I am pleased to see that removed from the Bill for adults and I will explain why, given the sensitive case that the hon. Member for Reading East mentioned. The information that he talked about being published online should be illegal, so it would be covered by the Bill. Illegal information should not be published and, within the framework of the Bill, would be taken down quickly. We in this place should not shirk our responsibilities; we should make illegal the things that we and our constituents believe to be deeply harmful. If we are not prepared to do that, we cannot say that some other third party has a responsibility to do it on our behalf and we are not going to have anything to do with it, and they can begin to make the rules, whether they are a commercial company or a regulator without those specific powers.

I welcome the shape of the Bill, but some great new clauses have been tabled. New clause 16 suggests that we should make it an offence to encourage self-harm, which is fantastic. My right hon. Friend the Member for Haltemprice and Howden (Mr Davis) has indicated that he will not press it to a vote, because the Government and all of us acknowledge that that needs to be dealt with at some point, so hopefully an amendment will be forthcoming in the near future.

On new clause 23, it is clear that if a commercial company is perpetrating an illegal act or is causing harm, it should pay for it, and a proportion of that payment must certainly support the payments to victims of that crime or breach of the regulations. New clauses 45 to 50 have been articulately discussed by my right hon. Friend the Member for Basingstoke (Dame Maria Miller). The technology around revenge pornography and deepfakes is moving forward every day. With some of the fakes online today, it is not possible to tell that they are fakes, even if they are looked at under a microscope. Those areas need to be dealt with, but it is welcome that she will not necessarily press the new clauses to a vote, because those matters must be picked up and defined in primary legislation as criminal acts. There will then be no lack of clarity and we will not need the legal but harmful concept—that will not need to exist. Something will either be illegal, because it is harmful, or not.

The Bill is great because it provides a framework that enables everything else that hon. Members in the House and people across the country may want to be enacted at a future date. It also enables the power to make those judgments to remain with this House—the democratically elected representatives of the people—rather than some grey bureaucratic body or commercial company whose primary interest is rightly to make vast sums of money for its shareholders. It is not for them to decide; it is for us to decide what is legal and what should be allowed to be viewed in public.

On amendment 152, which interacts with new clause 11, I was in the IT industry for about 15 to 20 years before coming to this place, albeit with a previous generation of technology. When it comes to end-to-end encryption, I am reminded of King Canute, who said, “I’m going to pass a law so that the tide doesn’t come in.” Frankly, we cannot pass a law that bans mathematics, which is effectively what we would be trying to do if we tried to ban encryption. The nefarious types or evildoers who want to hide their criminal activity will simply use mathematics to do that, whether in mainstream social media companies or through a nefarious route. We have to be careful about getting rid of all the benefits of secure end-to-end encryption for democracy, safety and protection from domestic abuse—all the good things that we want in society—on the basis of a tiny minority of very bad people who need to be caught. We should not be seeking to ban encryption; we should be seeking to catch those criminals, and there are ways of doing so.

I welcome the Bill; I am pleased with the new approach and I think it can pass through this House swiftly if we stick together and make the amendments that we need. I have had conversations with the Minister about what I am asking for today: I am looking for an assurance that the Government will enable further debate and table the amendments that they have suggested. I also hope that they will be humble, as my right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright) said, and open to some minor adjustments, even to the current thinking, to make the Bill pass smoothly through the Commons and the Lords.

I would like the Government to confirm that it is part of their vision that it will be this place, not a Minister of State, that decides every year—or perhaps every few months, because technology moves quickly—what new offences need to be identified in law. That will mean that Ofcom and the criminal justice system can get on to that quickly to ensure that the online world is a safer place for our children and a more pleasant place for all of us.

[Several hon. Members rose—]