Online Safety Bill

Baroness Fraser of Craigmaddie Excerpts

Committee stage
Tuesday 9th May 2023 Lords Chamber

[Baroness Fraser of Craigmaddie (Con)]

I will not detain noble Lords very long either. Two things have motivated me to be involved in this Bill. One is protection for vulnerable adults and the second is looking at this legislation with my Scottish head on, because nobody else seems to be looking at it from the perspective of the devolved Administrations.

First, on protection for vulnerable adults, we have already debated the fact that in an earlier iteration of this Bill, there were protections. These have been watered down and we now have the triple shield. Whether they fit here, with the amendment from my noble friend Lady Stowell, or fit earlier, what we are all asking for is the reinstatement of risk assessments. I come at this from a protection of vulnerable groups perspective, but I recognise that others come at it from a freedom of expression perspective. I do not think the Minister has answered my earlier questions. Why have risk assessments been taken out and why are they any threat? It seems to be the will of the debate today that they do nothing but strengthen the transparency and safety aspects of the Bill, wherever they might be put.

I speak with trepidation to Amendment 63 in the name of the noble and learned Lord, Lord Hope of Craighead. I flatter myself that his amendment and mine are trying to do a similar thing. I will speak to my amendment when we come to the group on devolved issues, but I think what both of us are trying to establish is, given that the Bill is relatively quiet on how freedom of expression is defined, how do platforms balance competing rights, particularly in the light of the differences between the devolved Administrations?

The Minister will know that the Hate Crime and Public Order (Scotland) Act 2021 made my brain hurt when trying to work out how this Bill affects it, or how it affects the Bill. What is definitely clear is that there are differences between the devolved Administrations in how freedom of expression is interpreted. I will study the noble and learned Lord’s remarks very carefully in Hansard; I need a little time to think about them. I will listen very carefully to the Minister’s response and I look forward to the later group.

[Baroness Harding of Winscombe (Con)]

My Lords, I too will be very brief. As a member of the Communications and Digital Committee, I just wanted to speak in support of my noble friend Lady Stowell of Beeston and her extremely powerful speech, which seems like it was quite a long time ago now, but it was not that long. I want to highlight two things. I do not understand how, as a number of noble Lords have said, having risk assessments is a threat to freedom of expression. I think the absolute opposite is the case. They would enhance all the things the noble Baroness, Lady Fox, is looking to see in the Bill, just as much as they would enhance the protections that my noble friend, who I always seem to follow in this debate, is looking for.

Like my noble friend, I ask the Minister: why not? When the Government announced the removal of legal but harmful and the creation of user empowerment tools, I remember thinking—in the midst of being quite busy with Covid—“What are user empowerment tools and what are they going to empower me to do?” Without a risk assessment, I do not know how we answer that question. The risk is that we are throwing that question straight to the tech companies to decide for themselves. A risk assessment provides the framework that would enable user empowerment tools to do what I think the Government intend.

Finally, I too will speak against my noble friend Lord Moylan’s Amendment 294 on psychological harm. It is well documented that tech platforms are designed to drive addiction. Addiction can be physiological and psychological. We ignore that at our peril.