Online Safety Bill

Baroness Ritchie of Downpatrick Excerpts

Committee stage
Thursday 27th April 2023 Lords Chamber

Finally, there is the question of simplicity and clarity. As we discussed on the first day of Committee, business wants clarity, campaigners want clarity, parents want clarity, and Ofcom could do with some clarity. If not the four Cs, my challenge to the Government is to deliver a schedule that has the clarity and simplicity of the amendments in front of us, in which harm is defined by category not by individual content measurements, so that it is flexible now and into the future, and foregrounds the specific role of the system design not only as an accomplice to the named harm but as a harm itself. I beg to move.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, it is a pleasure to follow the noble Baroness, Lady Kidron. I have listened intently today, and there is no doubt that this Bill not only presents many challenges but throws up the complexity of the whole situation. I think it was the noble Lord, Lord Kamall, in an earlier group who raised the issues of security, safety and freedom. I would add the issue of rights, because we are trying to balance all these issues and characterise them in statute, vis-à-vis the Bill.

On Tuesday, we spoke about one specific harm—pornography—on the group of amendments that I had brought forward. But I made clear at that time that I believe this is not the only harm, and I fully support the principles of the amendments from the noble Baroness, Lady Kidron. I would obviously like to get some clarity from her on the amendments, particularly as to how they relate to other clauses in the Bill.

The noble Baroness has been the pioneer in this field, and her expertise is well recognised across the House. I believe that these amendments really take us to the heart of the Bill and what we are trying to achieve—namely, to identify online harms to children, counteract them and provide a level of safety to young people.

As the noble Lord, Lord Clement-Jones, said on Tuesday,

“there is absolutely no doubt that across the Committee we all have the same intent; how we get there is the issue between us”.—[Official Report, 25/4/23; col. 1196.]

There is actually not that much between us. I fully agree with the principle of putting some of the known harms to children in the Bill. If we know the harms, there is little point in waiting for them to be defined in secondary legislation by Clause 54.

It is clear to me that there are harms to children that we know about, and those harms will not change. It would be best to name those harms clearly in the Bill when it leaves this House. That would allow content providers, search engines and websites in scope of the Bill to prepare to make any changes they need to keep children safe. Perhaps the Minister could comment on that aspect. We also know that parents will expect some harms to be in the Bill. The noble Baroness, Lady Kidron, laid out what they are, and I agree with her analysis. These issues are known and we should not wait for them to be named.

While known harms should be placed into the Bill, I know, understand and appreciate that the Government are concerned about future-proofing. However, I am of the view that a short list of key topics will not undermine that principle. Indeed, the Joint Committee’s report on the draft Bill stated,

“we recommend that key, known risks of harm to children are set out on the face of the Bill”.

In its report on the Bill, the DCMS Select Committee in the other place agreed, saying

“that age-inappropriate or otherwise inherently harmful content and activity (like pornography, violent material, gambling and content that promotes or is instructive in eating disorders, self-harm and suicide) should appear on the face of the Bill”.

Has there been any further progress in discussions on those issues?

At the beginning of the year, the Children’s Commissioner urged Parliamentarians

“to define pornography as a harm to children on the fact of the … Bill, such that the regulator, Ofcom, may implement regulation of platforms hosting adult content as soon as possible following the passage of the Bill”.

I fully agree with the Children’s Commissioner. While the ways in which pornographic content is delivered will change over time, the fact that pornography is harmful to children will not change. Undoubtedly, with the speed of technology—something that the noble Lord, Lord Allan of Hallam, knows a lot more about than the rest of us, having worked in this field—it will no doubt change and we will be presented with new types of challenges.

I therefore urge the Government to support the principle that the key risks are in the Bill, and I thank the noble Baroness, Lady Kidron, for raising this important principle. However, I hope she will indulge me as I seek to probe some of the detail of her amendments and their interactions with the architecture of other parts of the Bill. As I said when speaking to Clause 49 on Tuesday, the devil is obviously in the detail.

First, Clause 54 defines what constitutes

“Content that is harmful to children”,

and Clause 205 defines harm, and Amendment 93 proposes an additional new list of harms. As I have already said, I fully support the principle of harms being in the Bill, but I raise a question for the noble Baroness. How does she see these three definitions working together? That might refer back to a preliminary discussion that we had in the tearoom earlier.

These definitions of harms are in addition to the content to be defined as primary priority content and priority content. Duties in Clauses 11 and 25 continue to refer to these two types of content for Part 3 services, but Amendments 20 and 74 would remove the need for risk assessments in Clauses 10 and 24 to address these two types of content. It seems that the amendments could create a tension in the Bill, and I am interested to ascertain how the noble Baroness, Lady Kidron, foresees that tension operating. Maybe she could give us some detail in her wind-up about that issue. An explanation of that point may bring some clarity to understanding how the new schedule that the noble Baroness proposes will work alongside the primary priority content and the priority content lists. Will the schedule complement primary priority content, or will it be an alternative?

Secondly, as I said, some harms are known but there are harms that are as yet unknown. Will the noble Baroness, Lady Kidron, consider a function to add to the list of content in her Amendment 93, in advance of us coming back on Report? There is no doubt that the online space is rapidly changing, as this debate has highlighted. I can foresee a time when other examples of harm should be added to the Bill. I accept that the drafting is clear that the list is not exclusive, but it is intended to be a significant guide to what matters to the public and Parliament. I also accept that Ofcom can provide guidance on other content under Amendment 123, but, without a regulatory power added to Amendment 93, it feels that we are perhaps missing a belt-and-braces approach to online harms to children. After all, our principal purpose here is to protect children from online harm.

I commend the noble Baroness, Lady Kidron, on putting these important amendments before the Committee, and I fully support the principle of what she seeks to achieve. But I hope that, on further reflection, she will look at the points I have suggested. Perhaps she might suggest other ideas in her wind-up, and we could have further discussions in advance of Report. I also look forward to the Minister’s comments on these issues.

[The Lord Bishop of Oxford]

My Lords, I support Amendments 20, 93 and 123, in my name and those of the noble Baroness, Lady Kidron, and the noble Lords, Lord Bethell and Lord Stevenson. I also support Amendment 74 in the name of the noble Baroness, Lady Kidron. I pay tribute to the courage of all noble Lords and their teams, and of the Minister and the Bill team, for their work on this part of the Bill. This work involves the courage to dare to look at some very difficult material that, sadly, shapes the everyday life of too many young people. This group of amendments is part of a package of measures to strengthen the protections for children in the Bill by introducing a new schedule of harms to children and plugging a chronological gap between Part 3 and Part 5 services, on when protection from pornography comes into effect.

Every so often in these debates, we have been reminded of the connection with real lives and people. Yesterday evening, I spent some time speaking on the telephone with Amanda and Stuart Stephens, the mum and dad of Olly Stephens, who lived in Reading, which is part of the diocese of Oxford. Noble Lords will remember that Olly was tragically murdered, aged 13, in a park near his home, by teenagers of a similar age. Social media played a significant part in the investigation and in the lives of Olly and his friends—specifically, social media posts normalising knife crime and violence, with such a deeply tragic outcome.