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Baroness Shawcross-Wolfson
Main Page: Baroness Shawcross-Wolfson (Conservative - Life peer)Department Debates - View all Baroness Shawcross-Wolfson's debates with the Home Office
(5 months ago)
Lords Chamber
Baroness Shawcross-Wolfson (Con)
My Lords, we live in an age where pretty much all of us carry in our pocket the means to access pornographic content so extreme that it would be illegal for any shop to sell it to any adult, anywhere in the country and, until very recently, children have had ready access to this extreme content. As the noble Baroness, Lady Hazarika, said—it bears repeating—44% of children see depictions of rape in pornography before they turn 18. I think everyone in this House would accept that, since the early 2000s, there has been a huge change in who sees pornography and what pornography they are seeing. However, by and large, the regulatory framework has not changed. It is not designed for the digital age or the smartphone age, and it is certainly not designed for the age of AI, where anyone can generate a pornographic image in seconds.
Our legislation must catch up. The provisions in the Online Safety Act and the Data Act are an important first step, but more is needed. While running the No. 10 Policy Unit for Rishi Sunak, I pushed for an independent review to look at the problems associated with online pornography and to advise the Government on what could be done. That review was established in 2023 and my noble friend Lady Bertin was appointed lead reviewer.
I am extremely glad that the current Government shared our concerns and continued to support the work of the independent review, which, as we have heard, published a comprehensive and shocking report earlier this year. It is thanks to my noble friend Lady Bertin and her team that we now have a much clearer understanding of what is happening online and the impact it is having in the real world. As she set out in her speech, our failure to regulate online pornography has facilitated an industry that is
“increasingly violent, degrading and misogynistic”.
It is an industry that directs users towards ever more extreme content, and in doing so it is changing attitudes and fuelling violence towards women and girls. Indeed, almost every month seems to bring fresh evidence of the damage being done to children, to women and to those viewing this harmful content—content that goes unchecked because we have failed to apply our existing, settled laws and regulations to the online world.
In the pre-internet age, we had a broadly effective mechanism for regulating pornography through classification. We balanced the rights of consenting adults with the need to protect society. For over 40 years, legislation has ensured that pornographic videos are regulated by the British Board of Film Classification. Depictions of illegal activity such as rape, and harmful activity such as violent sexual activity, are banned. However, this regulation has never been extended to cover online pornography. There is nothing rational about a system that says content is illegal and harmful when watched on a DVD, but legal and permissible when watched on the internet. If we still believe that it is wrong and harmful for adults to watch depictions of incest on video, Blu-ray or DVD, how can we believe that that content should be readily available online?
In this Bill, the Government have a chance to act decisively, and I am extremely grateful for the commitment to bring forward an amendment to ban depictions of strangulation and suffocation in pornography. That is an important start but, during the passage of the Bill, I hope the House will agree to go further. My starting point is that we should apply the same standards to films that are distributed online as we already do to those that are distributed offline. It raises legitimate questions of enforcement and regulatory capacity. Those are valid concerns and I hope that we will debate them in Committee. However, I do not believe it should raise concerns about freedom of expression: after all, I am simply proposing that we apply and enforce our existing standards consistently—unless, of course, some would like to argue that our current laws for offline pornography have been stifling our freedom for decades and should now be relaxed, in which case I look forward to debating that, too.
I know that regulation in the digital age is not straightforward. Having spent many years in government, I have every sympathy for the current Government, who may well think that this is simply too hard to do. It is hard to do. But I would say to them that it is too important not to do, which is why I will be supporting the amendments in this space, including those from my noble friends Lady Owen and Lady Bertin.
Baroness Shawcross-Wolfson
Main Page: Baroness Shawcross-Wolfson (Conservative - Life peer)Department Debates - View all Baroness Shawcross-Wolfson's debates with the Ministry of Justice
(3 months, 1 week ago)
Lords ChamberMy Lords, I support all the amendments in this group, so well put forward by the noble Baronesses, Lady Bertin, Lady Kidron, Lady Kennedy and Lady Benjamin, but I particularly want to say a few words about Amendment 298 in the name of the noble Baroness, Lady Bertin.
I have been really alarmed by this. I was first alerted by my friend Laura Bates talking in her book about the “nudify” apps and how young children can be when they can get targeted—as young as eight or nine—and how this can happen to them in school, where they can be completely unaware and, suddenly, there is a picture of them naked circulating around, and a lot of girls want to drop out of school because of it.
It is not an accident that this is happening. It is driven by money, commerce and capitalism. It is not in any way inevitable that it happens. Something that is made by man—probably by a man, in this case, but maybe by a woman—can certainly be put right by government and by all of us. It is the result of a design choice, a market choice and a policy choice, and we can change it.
These apps are designed to strip girls’ photos and create sexualised images of them, often in seconds. They are incredibly easy to use, quite terrifyingly. I challenge anyone in this House who has not done it just to type in, “Can I have a nudify app?” You will get it in a minute. My great niece, who I work with, did it to herself, and the super weird thing about it is that it does not give you the body of Claudia Schiffer or Kate Moss or something that you are obviously not; it gives you the kind of body that you have.
The reality of it is very stark and horrible. Girls are harassed, threatened, coerced and manipulated before they even really understand what is happening. There is one major app that produces 200,000 fake nude images every day, and we are on track for 8 million of these deepfake images every year. They are an entire industry, which is functioning somewhere, taking money and doing this to our children. The police cannot act until after the harm has occurred, and schools cannot act pre-emptively. The platforms claim that they are not responsible because this is a tool, and it is not them. It is passing off the responsibility. They exist just to facilitate sexual abuse—for which, at the moment, very few people have to pay a price.
I would also like to speak about something that has happened but has not been mentioned very much in this debate. I am an ambassador and patron of a group called The Vavengers, which seeks to stop vaginal mutilation. The person who runs it is Turkish, and she has noticed now that the primary form of cosmetic surgery in Turkey is young women—though not all of them young—going there to have their vaginas reconstructed to look like the vaginas that you see in pornography, which look like those of 13 year-old girls. They are going to Turkey to have their labia cut off. Sema, who is the child of a slave and an extraordinary woman, says you can always tell when you are on the return plane from Istanbul because there are a lot of young women fidgeting because they are in pain. It seems to me that this is an extension of the world that we have arrived in and allowed to happen. It is shocking.
My granddaughter is three. I look at her and think that, in four or five years’ time, she could be the victim of this. As those in this House know, I got into this 55 years ago. If anyone had told me then that the day would come when I would have to ask for someone not to be able to have an app that would take my granddaughter’s clothes off and make her a neurotic, unhappy young woman because she is sexually not like the things she sees in pornography, and with my grandson, who is also three, going through the kind of things that I think young men do, I would say that we should be damned ashamed of ourselves. All of us women in this House, of different ages, have fought long and hard through the years to get where we are, and we and this Government owe it back to the next generation of children. I am very grateful to all the younger women such as the noble Baronesses, Lady Bertin and Lady Owen, for the work they have done. I can only say that I wish that I was not on this journey with them and that it did not exist.
Baroness Shawcross-Wolfson (Con)
My Lords, I too support my noble friend Lady Bertin’s amendments and I will particularly talk about Amendment 314. There is no debate about whether certain pornography is harmful. Parliament settled that question decades ago. There is no debate about whether it is right for our Parliament to ban harmful pornography. We already do. We are merely debating whether we have the determination to apply our existing laws to the latest distribution channels.
In the early 1980s, we saw a dramatic increase in video cassette recorders in the home and the subsequent emergence of video nasties. In that era, Parliament was quick to catch up to the latest technological innovation and, as we have heard, the Video Recordings Act 1984 was passed with cross-party support. As a result, pornography released on physical formats is and has always been strictly regulated in the UK. In 2003, Parliament extended those protections through the Communications Act to ensure that UK-based video-on-demand services, including those that specialised in pornography, could not distribute content that the British Board of Film Classification would refuse to classify. Amendment 314 simply takes the definition of harmful content in the Communications Act 2003 and seeks to apply it to online pornography, with a proper framework for enforcement. Some 41 years ago, we said that harmful content could not be distributed on video cassettes, 22 years ago we said it could not be distributed through video-on-demand services, and now it is time to close the gap in the law which allows it to be legally distributed on the internet.
Amendments 291 and 290 would ensure that incest material and depictions of child sexual abuse in online pornography are made illegal. My noble friend Lady Bertin and others have already outlined the immense damage that this content does. I welcome the Government’s commitment to end the depiction of strangulation in online pornography, not least because it demonstrates their conviction that such material can be banned. All it requires is political will. I hope that the Committee will find that same political will to make pornography that mimics child sex abuse or portrays incest illegal.
I support Amendment 292, which would introduce a statutory duty for platforms to verify the age and consent of individuals who feature in pornography. It is the bare minimum we need to start tackling the rampant exploitation in the porn industry.
I conclude by returning to my starting point. In previous generations, when the technology advanced, from cinema to video and from video to streaming, Parliament acted. Today is no different. We have acted because, as the sponsor of the Video Recordings Act said 40 years ago, incredibly presciently:
“Producers and suppliers of this base and debasing material have only one aim—to supply the worst elements of human nature for profit”.—[Official Report, Commons, 11/11/1983; col. 522.]
We have acted because we have long known that violent porn—the type of pornography that depicts acts that are illegal in real life—is damaging. At no point have we as a Parliament or a society proactively debated and agreed to accept the type of abusive pornography that is now mainstream and widespread on the internet. No Minister from any Government has stood at the Dispatch Box and argued that the public have a right to watch scenes depicting incest or child sex abuse—I doubt any Minister would. No Minister has made the case that this material is harmless, and no Minister could, given the evidence we have heard today. We allow this material to proliferate not because we think it is harmless, not because we think it is a matter of free speech, but because we think it is hard to stop. It is hard, but I am hopeful. Today, we have a regulator which is beginning to make great strides in tackling illegal material online. We have a regulator with 40 years’ experience of video classification, and we have a Government who, to echo the words of the Minister, are profoundly committed to halving violence against women and girls. Today, we have an opportunity to close this unconscionable gap in the law. I very much hope that we will do so.
I too support all the amendments in the name of the noble Baroness, Lady Bertin, but I shall speak particularly to Amendment 298.
As other noble Lords have pointed out, these nudification apps are horrific and bring untold harm to the women and men who are victims of them. They are so prevalent in schools that they are effectively normalised, shocking and shaming thousands of children on a daily basis, as my noble friend Lady Boycott has just pointed out. This week, Ofcom fined the app Nudify for failing to implement the mandatory age-verification measures under the OSA. Amendment 298, if accepted, would increase the pressure on Ofcom and the Government to close down all nudification apps, for children and adults alike.
As with the AI companion amendment in the name of my noble friend Lady Kidron, which was debated last week, this is yet another new technology that was not foreseen in the Online Safety Act. Despite your Lordships’ best efforts to future-proof protections for users, new functionalities and technologies will always be created that will need your Lordships’ attention. Nudification apps are just the latest in what will be a long line of new tech harms.
The problem is that, at the moment, there is a voluntary agreement for the big app stores not to sell nudification apps, but they are still being downloaded and are freely available on smaller app stores. Unfortunately, I do not believe voluntary protections by the tech companies work. Your Lordships have to look only at the Bletchley summit agreement in which tech companies signed up voluntarily to publishing the safety testing of new AI models prior to their release. Unfortunately, this has not happened in many instances, and in some egregious cases there is a failure to comply with this commitment.
Some AI models appear to have mundane uses but can subsequently be adapted for the purpose of nudification. These need to be safety tested to ensure that they cannot create harms—in this case, nudification—and, as has just been explained, the present voluntary agreement is not creating adequate protection. This amendment would go a long way to remedy this lacuna in the law and make the digital space safer for millions of people. I hope that it will be the first step in the Government bringing forward far-reaching AI safety legislation. I hope that the Minister listens to the voices from across the Committee and responds favourably to the proposal in the amendment for the creation of an offence of possession of nudification software.
My Lords, I have signed Amendment 334 on spiking, but I want to congratulate my noble friend Lady Owen of Alderley Edge as she yet again leads the way on the important issues in her other amendments.
Clause 101, on spiking, is certainly welcome. The measure appeared in the previous version of the Bill in the previous Parliament, and I give credit to Richard Graham, the former MP for Gloucester, who brought this to the attention of Parliament. More broadly, I have a little question for the Minister. I am always very nervous when civil servants recommend that we remove things from existing legislation. I notice that the clause will remove Section 22 and Section 23 at the beginning and then there is the broader new Section 24. What has driven that? Too often things disappear and end up with some kind of defect or loophole. That is exactly what concerned my friend Joe Robertson MP, who tabled an amendment like my noble friend’s Amendment 334 on Report in the Commons, having tabled something similar in Committee. His concern was that there is a loophole and that spiking by a reckless act should also be an offence.
I do not need to persuade your Lordships that spiking is a hideous, heinous activity which can destroy people’s physical and mental health. The evidence given by Colin Mackie from Spike Aware UK at Committee stage in the Commons was compelling, especially as it was driven by his personal experience of his 18 year-old son Greg dying through suspected spiking of the kind now known as prank spiking.
At the moment, Clause 101 provides that there has to be an intent to injure, aggrieve or similar. I know that Ministers in the other place felt that the Bill covers recklessness, but I think it is pretty clear that the legislation does not particularly seem to cover prank spiking.
Recklessness is a well-trodden principle in criminal law, dating back a couple of hundred years. It is definitively an alternative to intent so, if the prosecution fails to establish that someone meant to do something, it can also establish that their actions were so reckless that they should be convicted. Indeed, this is what manslaughter is—somebody gets convicted of killing but without having the intent to commit murder. The other example, perhaps not quite so dramatic, is actual bodily harm. The prosecution must establish the harm but can do so on the basis that what was done was reckless so that harm was bound to follow rather than simply that someone intended for harm to happen.
I hope the Government will reconsider their conclusion that what we have before us in Clause 101 is sufficient. I understand that it may be that one MP has got particularly focused on this campaign, but it took Richard Graham to get focused on the issue of spiking for it to make any progress into legislation in the other place. I am grateful to this Administration for picking that up. I look forward to hearing from the Minister and hope again that there may be room for some consensus, not just compromise, on how we can make sure there are no loopholes in this law.
Baroness Shawcross-Wolfson (Con)
My Lords, I also support the amendments tabled by my noble friend Lady Owen and will try to keep my remarks as brief as possible. As we have heard today, technology continues to provide new avenues for abuse, in particular for the abuse of women. Abusers use technology in ever more inventive ways to harm, harass and try to humiliate their victims. Thanks to the work of my noble friend Lady Owen and others in this House, the law has made huge strides in recent years; however, more needs to be done.
Broadly, these amendments fall into two categories: those that seek to update the law to ensure that it addresses new and growing forms of tech-enabled abuse, and those that seek to provide more effective support to the victims of non-consensual intimate image abuse. We need action on both fronts. I will not go into detail here, as it has already been covered, but I will just reiterate that some of the gaps that need to be closed are: updating our definition of what constitutes taking an image; including audio recordings in the framework for tackling non-consensual intimate images; ensuring that images which may have been innocuous when they were taken but are then transformed into something sexual or degrading are also captured by the law; and, finally, recognising the practice of doxing as an aggregating factor.
Unfortunately, we know that, however the law changes, abuse will not be eliminated any time soon, so we must also ensure that the law supports victims in the aftermath of their abuse. As it stands, there is no proper framework to ensure that intimate images that the courts have found to be taken or shared illegally are then removed and destroyed. Instead, survivors see their images being repeatedly uploaded, posted on to pornography sites, shared in anonymous chat forums and even allowed to remain untouched on their abusers’ devices or cloud accounts. It cannot be right; the law must change. Between them, Amendments 295BA, 295BB, 295BC and 295BD would create a proper mechanism for victims to ensure that images are promptly removed from online platforms, deleted and then hashed to prevent them from resurfacing elsewhere.
Making progress on this issue is crucial. We know the trauma caused to victims who have to live with their images remaining online or live with the knowledge that they could be re-uploaded at any point. As one survivor told the Women and Equalities Committee:
“I am terrified of applying for jobs for fear that the prospective employer will google my name and see. I am terrified when meeting new people that they will google my name and see. I am terrified that every person I meet has seen”.
We cannot allow this situation to continue. The amendments from my noble friend Lady Owen would make the law more effective, more enforceable and more protective to victims, and I hope that we will be able to make progress on them in this House.
My Lords, I add my voice to the support for my noble friend Lady Owen from across the Committee. She has done a great service to victims of these crimes all across the country, most of whom we know are women and girls, but men and boys can be affected too.
I will focus on Amendment 334 which, as my noble friend Lady Coffey has mentioned, would add the word “reckless” in relation to the spiking offence. This is very important. I remember being the Home Office Minister when the phenomenon of needle spiking first hit the headlines. It focused a lot of attention on spiking in general as a phenomenon and meant the Home Office had to put its focus and resources behind it. We found it was very difficult to prosecute these crimes. Often, the substance had left the body. Often, victims were blamed for their behaviour, for putting themselves in those situations.
When I went to talk to the victims, I often heard that they thought that people were just doing it for a laugh, and a lot of the hospitality industry—bars, clubs and festivals—said the same thing. They said that it was really inadequate to have the requirement to prove harm or a sexual motive. That was part of the reason, though not the whole reason, why we have seen such a woefully low level of prosecutions for this. It is my belief that we need to make sure we include this recklessness element, and that is also the belief of most of the campaigners that I have worked with, including Stamp Out Spiking and, of course, Richard Graham, who did a tremendous job. I hope that the Government will adopt this amendment and all the others.
Baroness Shawcross-Wolfson
Main Page: Baroness Shawcross-Wolfson (Conservative - Life peer)Department Debates - View all Baroness Shawcross-Wolfson's debates with the Home Office
(1 month, 3 weeks ago)
Lords ChamberMy Lords, I fully support these amendments and congratulate the noble Baroness, Lady Kidron, on her fight to highlight these issues over many years and on her opening remarks. I also pay respect to the bereaved parents who have been campaigning tirelessly and look to us to achieve change.
It is common sense for coroners and law enforcement agencies to have access to the social media accounts of deceased children who are believed to have died as a result of social media activity. If it was your child or grandchild, would you not want that? This action needs to take place automatically before accounts are deleted. Accounts should be preserved, and it should be a criminal offence to delete or edit them before they are reviewed by investigators. Like so many grieving parents across the country, I strongly believe that social media companies should not be allowed to withhold or destroy often crucial evidence that could be vital to investigations and lead to criminal convictions.
After hearing on “BBC Breakfast” news this morning some of the heartbreaking stories from bereaved parents who are campaigning on this issue and urging the Government to take more robust action, I was convinced that tragic cases such as these clearly highlight the need for social media companies to be compelled to protect our children and safeguard them from harm. This is yet another plea before more harm is done because, right at this very moment, there is a child viewing harmful content that could lead to tragedy, so I hope the Government are listening—and is Ofcom listening? I want them to listen to these bereaved parents and take further action. I urge the Government to accept these much-needed amendments and act now.
Baroness Shawcross-Wolfson (Con)
My Lords, I cannot match the eloquence of some of the previous speakers, but I want to add my support for this group of amendments. We have heard the policy arguments for these proposals and, as a policymaker, I think they are overwhelming, but I add my support as a parent as well as a legislator.
Those of us with children and teenagers know full well how much of a child’s life nowadays is conducted on a screen behind a password. Friendships, pressures and influences are impossible to get at without access to that digital record. I pay tribute to the bereaved parents who have campaigned with such courage and dignity; they have turned unimaginable grief into a determination to protect others, and the whole House will honour what they are doing today.
I very much hope that the Government accept these amendments and, if not, I know that the noble Baroness, Lady Kidron, will be true to her word and continue to bring them back on Report.
Baroness Shawcross-Wolfson
Main Page: Baroness Shawcross-Wolfson (Conservative - Life peer)Department Debates - View all Baroness Shawcross-Wolfson's debates with the Ministry of Justice
(2 weeks, 5 days ago)
Lords Chamber
Baroness Shawcross-Wolfson (Con)
My Lords, I pay tribute to my noble friend Lady Owen of Alderley Edge for the tenacity and expertise that she has brought to this issue. I acknowledge how far the Government have moved in response to her work and thank the Minister for her work and that of her department on this issue and willingness to listen. We now have a large number of government amendments to address concerns across take-down, screenshotting and semen issues. There has been huge progress. However, I support all my noble friend’s amendments and will speak very briefly to two of them.
Amendment 273 is, as we have heard, needed to ensure that those who perpetrate intimate image abuse are not allowed to keep the images. As it stands, it is extraordinary that perpetrators can leave court with intimate images of their victims still in their possession in some form. That cannot be allowed to continue. I hope that noble Lords from across the whole House will support my noble friend if we need a Division on this.
On the take-down service, I gently press the Government, as my noble friend has set out, on how their approach will deliver the protection for victims that her Amendments 274 and 276 would. The Prime Minister promised the public “one and done”, as we have heard: once an abusive image is identified, it should come down from all platforms permanently. That is the right promise. However, as my noble friend has set out, it is not clear that the Government’s proposal will deliver on that promise. Without a centralised comprehensive register, I do not see how it can be delivered. I look forward to hearing the Minister’s response on this point.
The Government’s amendments reflect genuine and welcome progress on these issues. I very much hope that the Minister can take the final steps that are needed today.
My Lords, I pay tribute to the noble Baroness, Lady Owen, for her tenacity and the way in which she has consistently spoken up for the victims.
I will speak briefly to Amendments 273 and 274. The noble Lord, Lord Pannick, in his usual reassuringly expensive way, managed to pinpoint what this amendment is about. In effect, it would give courts an undertaking that they have a duty to see that the images that somebody has been convicted for taking and disseminating are destroyed. That seems unarguable. I hope that the Minister, with all her experience, can demonstrate why that should not be the case, because for almost everybody in the Chamber it seems to be a no-brainer.
In Amendment 274, we are revisiting some of the discussions that we had in Committee and on Report during the passage of the Online Safety Bill on the difficulty that victims have in being left to their own devices to deal with this, platform by platform, because each platform deals—or does not deal—with complaints in a different way. To have the indignity of having had something unmentionable done to you, which could happen on more than one platform, and then to have to individually pursue each platform and find that each platform has a different way of dealing with it and different hoops to go through, is piling injury upon insult.
We argued as well as we could during the passage of what became the Act that there should be much more thought given to the experience of victims as they try to confront what has happened to them and bring the organisations that have inflicted it on them, or enabled it, to book.
The way in which it has currently emerged from the Act and the way in which victims are still experiencing this huge variability and inconsistency is clearly an injustice, and I hope the Government will recognise that. Even if they are not ready and able to do something about it this evening, we would be most grateful for an undertaking that they will look at this very carefully and come back with something that the noble Baroness and the rest of us might find acceptable.
My Lords, I rise very briefly, partly as a male of the species, since we are largely responsible for the situation we are describing. We are behind these business models, we are the sex that is making all the money out of it, and, in most cases, we are the abusers. It behoves us to acknowledge that and speak up about it.
I pay tribute to the noble Baroness, Lady Bertin. As a mother of young children, she has, on our behalf, subsumed herself for over two years in a world that most of us can barely imagine. That must have been an extraordinarily unpleasant and difficult experience. I pay tribute to her for doing it, because I am not sure many of us would have taken that on or lasted the course.
With that in mind, given the time and thought that she has given to this, the number of experts she has spoken to, the number of international parameters and comparators she has taken into account in looking at this, and the detailed way in which she has analysed the business models that underline this highly profitable business, it behoves all of us, and particularly the Government, to listen very carefully. The amendments that she has brought forth are not something that she dreamed up overnight; they are based on her detailed and painful knowledge of exactly how this business operates. She is identifying some gaps in the laudable approach the Government are taking to try to do something about this.
With my business experience hat on, I say that a major fault that businesses make is overpromising and underdelivering. His Majesty’s Government are in grave danger of doing exactly that in many of these areas to do with violence against women and girls. It is wonderful to have the headlines and to say, “We are taking this seriously and we are doing something about it”, but the devil is in the detail, and the detail is effective implementation. To effectively implement, you have to understand the business model, and, as people have said previously, you have to be prepared to disrupt it.
Baroness Shawcross-Wolfson (Con)
My Lords, more than 40 years ago, Parliament ensured that pornographic material that was deemed too degrading, too explicit or too dangerous could not be distributed. Parliament never changed its mind, but technology overtook the law, which is why we now have the absurd situation where content is illegal when viewed on a DVD but legal and freely available on the internet. That is why we desperately need Amendment 298 to deliver online/offline parity. I too pay tribute to my noble friend Lady Bertin, her team and all the other noble Lords in this House who have, as we have heard, campaigned tirelessly on this issue for many years.
Moving on to my noble friend’s other amendments, I support all of them, but I will speak briefly to three of them. I welcome the Government’s commitment to tackle incest pornography but, without including stepfamily relationships, this new amendment will have little to no impact on the actual content available. The videos will be the same; they will merely be retitled. My noble friend has already explained the popularity and violence of the “barely legal” teen pornography content. Other countries have already legislated to prevent this type of material proliferating. Amendment 300A would ensure that we did the same.
Finally, Amendment 300 is about preventing exploitation and abuse. The porn industry makes money from violence against girls and women. It is an industry that we know profits from human trafficking. This is not an industry that we can trust to do the right things. So I strongly support this amendment, and I very much hope that my noble friend will test the opinion of the House on this and all her other amendments if Ministers are not able to move further.
Lord Pannick (CB)
My Lords, I associate myself with what my noble friend Lord Russell said about the remarkable contribution of the noble Baroness, Lady Bertin. I also thank the Minister for all her efforts today to explain the Government’s position, and for the amendments that she has brought forward on behalf of the Government.
Amendment 298 is very important because it seeks to regulate online harmful content, and I very much support the principle. However, I will raise an important quibble. Amendment 298 defines what is meant by “harmful material” by reference to a number of very specific matters that I think we would all agree should not be online, such as material that
“promotes or encourages sexual activity that would be an offence under the Sexual Offences Act”,
or any sexual act that is
“non-consensual, or … appears to be non-consensual”
or
“threatens a person’s life … or is likely to result … in serious injury to a person”,
et cetera.
I have no difficulty with that: I entirely agree with it. However, I am concerned that, in subsection (2)(b) of the new clause proposed in Amendment 298, “harmful material” also includes that which
“would be an offence under … the Obscene Publications Act 1959 or the Obscene Publications Act 1964”.
I am concerned that that would be a very unwise way for us to regulate online content. The reason is that that Act is notoriously vague and uncertain. It depends on jury assessments of what would “deprave and corrupt” a person. It does not seem appropriate or necessary to include that element of harmful conduct when the amendment from the noble Baroness, Lady Bertin, lists, in perfectly sensible and acceptable ways, the specific types of content that ought not to be online and that should be prohibited.
Baroness Shawcross-Wolfson
Main Page: Baroness Shawcross-Wolfson (Conservative - Life peer)Department Debates - View all Baroness Shawcross-Wolfson's debates with the Home Office
(1 week, 3 days ago)
Lords Chamber
Baroness Shawcross-Wolfson (Con)
My Lords, I will not detain the House at this hour. I thank the Minister for the progress the Government have made on this since we spoke about it in Committee—it really is a step forward. However, like other noble Lords, I urge the Minister to just go a little bit further, and, if she could possibly address the issues raised by the noble Baroness, Lady Kidron, that would be fantastic. I hope she will have good news for us when she stands up.
Lord Cameron of Lochiel (Con)
My Lords, I begin by placing on record my gratitude to all the noble Lords who have led the campaign on this important issue, none more so than the noble Baroness, Lady Kidron, who has so ably championed this cause. I think it self-evident that we all acknowledge the harms that phones and social media are doing to our youth. I speak as a father of teenage children who are grappling with these very issues day to day.
This is most tragically brought to the fore when phones and social media lead to the death of children. Parents who face this unimaginable tragedy should be able to know what their child was accessing, and the evidence from these awful incidents should prove to the general public that steps have to be taken. I see no argument for why the police should not be required to collect evidence relating to potential digital harm, as indeed they are required to do for general causes of death. Similarly, if social media has in part led to the death of a child, the bare minimum that providers should do is to retain the data relating to the victim.
I too express gratitude to the Minister for considering the arguments raised in Committee and acting upon this. I understand that many in your Lordships’ House believe that Amendment 429A does not go far enough and that it does not place the desired duties on police forces. However, I welcome at least the start that this represents.
There is a tension, I fear, between what the Government are doing in your Lordships’ House—rightly, making concessions on the issue—and, at the same time, in the other place voting against further protections from online harms. The Minister’s amendment today places duties on providers. It is a short step from mandating data retention to enforcing age limits. This is not the time for that debate in its entirety, but it is worth putting it on the record. I reiterate my gratitude to all Members of your Lordships’ House who have campaigned on this important matter.