Online Safety Bill

Baroness Harding of Winscombe Excerpts

Committee stage
Tuesday 16th May 2023 Lords Chamber

[Lord Allan of Hallam (LD)]

It has let me know as well. In a way, the amendment seeks to formalise what is already an informal mechanism. I was minded initially to support Amendment 56 in the name of my noble friend Lord Clement-Jones and the noble Lord, Lord Stevenson.

This landscape is quite varied. We have to create some kind of outlet, as the noble Baroness, Lady Kidron, rightly said. That parent or individual will want to go somewhere, so we have to send them somewhere. We want that somewhere to be effective, not to get bogged down in spurious and vexatious complaints. We want it to have a high signal-to-noise ratio—to pull out the important complaints and get them to the platforms. That will vary from platform to platform. In some ways, we want to empower Ofcom to look at what is and is not working and to be able to say, “Platform A has built up an incredible set of mechanisms. It’s doing a good job. We’re not seeing things falling through the cracks in the same way as we are seeing with platform B. We are going to have to be more directive with platform B”. That very much depends on the information coming in and on how well the platforms are doing their job already.

I hope that the Government are thinking about how these individual complaints will be dealt with and about the demand that will be created by the Bill. How can we have effective mechanisms for people in the United Kingdom who genuinely have hard cases and have tried, but where there is no intermediary for the platform they are worried about? In many cases, I suspect that these will be newer or smaller platforms that have arrived on the scene and do not have established relationships. Where are these people to go? Who will help them, particularly in cases where the platform may not systemically be doing anything wrong? Its policies are correct and it is enforcing them correctly, but any jury of peers would say that an injustice is being done. Either an exception needs to be made or there needs to be a second look at that specific case. We are not asking Ofcom to do this in the rest of the legislation.

[Baroness Harding of Winscombe (Con)]

My Lords, it is always somewhat intimidating to follow the noble Lord, Lord Allan, though it is wonderful to have him back from his travels. I too will speak in favour of Amendments 250A and 250B in the name of my noble friend, from not direct experience in the social media world but tangentially, from telecoms regulation.

I have lived, as the chief executive of a business, in a world where my customers could complain to me but also to an ombudsman and to Ofcom. I say this with some hesitation, as my dear old friends at TalkTalk will be horrified to hear me quoting this example, but 13 years ago, when I took over as chief executive, TalkTalk accounted for more complaints to Ofcom than pretty much all the other telcos put altogether. We were not trying to be bad—quite the opposite, actually. We were a business born out of very rapid growth, both organic and acquisitive, and we did not have control of our business at the time. We had an internal complaints process and were trying our hardest to listen to it and to individual customers who were telling us that we were letting them down, but we were not doing that very well.

While my noble friend has spoken so eloquently about the importance of complaints mechanisms for individual citizens, I am actually in favour of them for companies. I felt the consequences of having an independent complaints system that made my business listen. It was a genuine failsafe system. For someone to have got as far as complaining to the telecoms ombudsman and to Ofcom, they had really lost the will to live with my own business. That forced my company to change. It has forced telecoms companies to change so much that they now advertise where they stand in the rankings of complaints per thousand customers. Even in the course of the last week, Sky was proclaiming in its print advertising that it was the least complained-about to the independent complaints mechanism.

So this is not about thinking that companies are bad and are trying to let their customers down. As the noble Lord, Lord Allan, has described, managing these processes is really hard and you really need the third line of defence of an independent complaints mechanism to help you deliver on your best intentions. I think most companies with very large customer bases are trying to meet those customers’ needs.

For very practical reasons, I have experienced the power of these sorts of systems. There is one difference with the example I have given of telecoms: it was Ofcom itself that received most of those complaints about TalkTalk 13 years ago, and I have tremendous sympathy with the idea that we might unleash on poor Ofcom all the social media complaints that are not currently being resolved by the companies. That is exactly why, as Dame Maria Miller said, we need to set up an independent ombudsman to deal with this issue.

From a very different perspective from that of my noble friend, I struggle to understand why the Government do not want to do what they have just announced they want to do in other sectors such as gambling.