Online Safety Bill

Carla Lockhart Excerpts

Report stage
Monday 5th December 2022 Commons Chamber

[Mrs Elphicke]

I rise to speak to new clause 55, which stands in my name. I am grateful to my many right hon. and hon. Friends who have supported it, both by putting their name to it and otherwise. I welcome the Minister and his engagement with the new clause and hope to hear from him further as we move through the debate.

The new clause seeks to create a new criminal offence of intentionally sharing a photograph or film that facilitates or promotes modern slavery or illegal immigration. Members may have wondered how so many people—more than 44,000 this year alone—know who to contact to cross the channel, how to go about it and how much it will cost. Like any business, people smuggling relies on word of mouth, a shopfront or digital location on the internet, and advertising. As I will set out, in this context advertising is done not through an advert in the local paper but by posting a video and photos online.

Nationalities who use the channel crossing routes are from an astonishing array of countries—from Eritrea and Vietnam to Iraq and Iran—but they all end up arriving on boats that leave from France. Since May 2022, there has been a massive increase in the number of Albanians crossing the channel in small boats. From May to September this year, Albanian nationals comprised 42% of small boat crossings, with more than 11,000 Albanians arriving by small boats, compared with 815 the entire previous year. It is little wonder that it is easy to find criminal gangs posting in Albanian on TikTok with videos showing cheery migrants with thumbs up scooting across the channel on dinghies and motoring into Britain with ease. Those videos have comments, which have been roughly translated as:

“At 8 o’clock the next departure, hurry to catch the road”;

“They passed again today! Get in touch today”;

“Get on the road today, serious escape within a day, not…a month in the forest like most”;

“The trips continue, contact us, we are the best and the fastest”;

and

“Every month, safe passage, hurry up”.

However, far from being safe, the small boat crossings are harmful, dangerous and connected with serious crime here in the UK, including modern slavery, the drugs trade and people trafficking.

With regard to the journey, there have been a number of deaths at sea. The Minister for Immigration recently stated that many people in processing centres

“present with severe burns that they have received through the combination of salty water and diesel fuel in the dinghies.”—[Official Report, 28 November 2022; Vol. 723, c. 683.]

That, of course, underlines why prevention, detection and interception of illegal entry is so important on our sea border. It also speaks to the harm and prevention of harm that my new clause seeks to address: to identify and disrupt the ability of those gangs to post on social media and put up photographs, thereby attracting new business, and communicate in relation to their illegal activity.

The National Crime Agency has identified links with the criminal drugs trade, modern slavery and other serious and violent crime. That is because illegal immigration and modern slavery offences do not just happen abroad. A criminal enterprise of this scale has a number of operators both here in the UK and abroad. That includes people here in the UK who pay for the transit of another. When they do, they do not generally have the good fortune of that other individual in mind. There are particular concerns about young people and unaccompanied children as well as people who find themselves in debt bondage in modern slavery.

That also includes people here in the UK who provide information, such as those TikTok videos, to a friend or contacts in a home country so that other people can make their own arrangements to travel. It includes people here in the UK who take photos of arrivals and post or message them to trigger success fees. Those fees are the evidence-based method of transacting in this illegal enterprise and are thought to be responsible for some of the most terrifying experiences of people making the crossing, including even a pregnant woman and others being forced into boats at gunpoint and knifepoint in poor weather when they did not want to go, and parents separated from their children at the water’s edge, with their children taken and threatened to coerce them into complying.

Last year, 27 people died in the channel in a single day, in the worst small boat incident to date. A newspaper report about those deaths contains comment about a young man who died whose name was Pirot. His friend said of the arrangements for the journey:

“Typically…the smugglers made deals with families at home. Sometimes they turned up at the camp in masks. The crossing costs about £3,000 per person, with cash demanded in full once their loved one had made it to Dover. One of the Iraqi Kurdish smugglers who arranged Pirot’s crossing has since deleted his Facebook page and WhatsApp account”.

TikTok, WhatsApp and Facebook have all been identified as platforms actively used by the people smugglers. Action is needed in the Bill’s remit to protect people from people smugglers and save lives in the channel. The new offence would ensure that people here in the UK who promote illegal immigration and modern slavery face a stronger deterrent and, for the first time, real criminal penalties for their misdeeds. It would make it harder for the people smugglers to sell their wares. It would help to protect people who would be exploited and put at risk by those criminal gangs. The risk to life and injury, the risk of modern slavery, and the risks of being swept into further crime, both abroad and here in the UK, are very real.

The new offence would be another in the toolbox to tackle illegal immigration and prevent modern slavery. I hope that when the Minister makes his remarks, he may consider further expansion of other provisions currently in the Bill but outside the scope of our discussions, such as the schedule 7 priority offences. New clause 55 would tackle the TikTok traffickers and help prevent people from risking their lives by taking these journeys across the English channel.

[Carla Lockhart (Upper Bann) (DUP)]

I welcome the fact that we are here today to discuss the Bill. It has been a long haul, and we were often dubious as to whether we would see it progressing. The Government have done the right thing by progressing it, because ultimately, as each day passes, harm is being caused by the lack of regulation and enforcement. While some concerns have been addressed, many have not. To that end, this must be not the end but the beginning of a legislative framework that is fit for purpose; one that is agile and keeps up with the speed at which technology changes. For me, probably the biggest challenge for the House and the Government is not how we start but how we end on these issues.

Like many Members, I am quite conflicted when it comes to legal but harmful content. I know that is a debate for another day, but I will make one short point. I am aware of the concerns about free speech. As someone of faith, I am cognisant of the outrageous recent statement from the Crown Prosecution Service that it is “no longer appropriate” to quote certain parts of the Bible in public. I would have serious concerns about similar diktats and censorship being imposed by social media platforms on what are perfectly legitimate texts, and beliefs based on those texts. Of course, that is just one example, but it is a good example of why, because of the ongoing warfare of some on certain beliefs and opinions, it would be unwise to bestow such policing powers on social media outlets.

When the Bill was first introduced, I made it very clear that it needed to be robust in its protection of children. In the time remaining, I wish to address some of the amendments that would strengthen the Bill in that regard, as well as the enforcement provisions.

New clause 16 is a very important amendment. None of us would wish to endure the pain of a child or loved one self-harming. Sadly, we have all been moved by the very personal accounts from victims’ families of the pain inflicted by self-harm. We cannot fathom what is in the mind of those who place such content on the internet. The right hon. Member for Haltemprice and Howden (Mr Davis) and those co-signing the new clause have produced a very considered and comprehensive text, dealing with all the issues in terms of intent, degree of harm and so on, so I fully endorse and welcome new clause 16.

Likewise, new clauses 45 and 46 would further strengthen the legislation by protecting children from the sharing of an intimate image without consent. Unfortunately, I have sat face to face—as I am sure many in this House have—with those who have been impacted by such cruel use of social media. The pain and humiliation it imposes on the victim is significant. It can cause scars that last a lifetime. While the content can be removed, the impact cannot be removed from the mind of the victim.

Finally, I make mention of new clause 53. Over recent months I have engaged with campaigners who champion the rights and welfare of those with epilepsy. Those with this condition need to be safe on the internet from the very specific and callous motivation of those who target them because of their condition. We make this change knowing that such legislative protection will increase online protection. Special mention must once again go to young Zach, who has been the star in making this change. What an amazing campaign, one that says to society that no matter how young or old you are, you can bring about change in this House.

This is a milestone Bill. I believe it brings great progress in offering protections from online harm. I believe it can be further strengthened in areas such as pornography. We only have to think that the British Board of Film Classification found that children are coming across pornography online as young as seven, with 51% of 11 to 13-year-olds having seen pornography at some point. That is damaging people’s mental health and their perception of what a healthy relationship should look and feel like. Ultimately, the Bill does not go far enough on that issue. It will be interesting to see how the other place deals with the Bill and makes changes to it. The day of the internet being the wild west, lawless for young and old, must end. I commend the Bill to the House.

[Vicky Ford]

It is great that the Bill is back in this Chamber. I have worked on it for many years, as have many others, during my time on the Science and Technology Committee and the Women and Equalities Committee, and as Children’s Minister. I just want to make three points.

First, I want to put on the record my support for the amendments tabled by my right hon. Friend the Member for Basingstoke (Dame Maria Miller). She is a true, right and honourable friend of women and girls all across the country. It is vital that women and girls are protected from intimate image abuse, from perverse and extreme pornography, and from controlling and coercive behaviour, as well as that we make a new offence to criminalise cyber-flashing.

Secondly, I want to talk about new clause 16 and self-harm, especially in relation to eating disorders. As I said in this place on Thursday, it is terrifying how many young people are suffering from anorexia today. The charity Beat estimates that 1.25 million people are suffering from eating disorders. A quarter of them are men; most are women. It also reminds us that anorexia is the biggest killer of all mental illnesses.

It is very hard to talk about one’s own experiences of mental illness. It brings back all the horrors. It makes people judge you differently. And you fear that people will become prejudiced against you. I buried my own experiences for nearly 40 years, but when I did speak out, I was contacted by so many sufferers and families, thanking me for having done so and saying it had brought them hope.

Online Safety Bill

Carla Lockhart Excerpts

2nd reading
Tuesday 19th April 2022 Commons Chamber

[Carla Lockhart (Upper Bann) (DUP)]

While long overdue, I welcome the Bill and welcome the fact that it goes some way to addressing some of the concerns previously raised in this House. I thank the Minister for his engagement and the manner in which the Government have listened, particularly on the issue of anonymity. While it is not perfect, we will continue to press for the cloak of anonymity, which allows faceless trolls to abuse and cause harm, to be removed.

In building the Bill, a logical cornerstone would be that what is illegal offline—on the street, in the workplace and in the schoolyard—is also illegal online. The level of abuse I have received at times on social media would certainly be a matter for the police if it happened in person. It is wrong that people can get away with it online. However, there are dangers to our right to free speech around regulating content that is legal but deemed harmful to adults. The Bill allows what is legal but harmful to adults to be decided by the Secretary of State. Whatever is included in that category now could be easily expanded in future by regulations, which we all know means limited parliamentary scrutiny. As responsible legislators, we must reflect on how that power could be misused in the future. It could be a tool for repressive censorship and that is surely something neither the Government nor this House would wish to see in a land where freedom of speech is such a fundamental part of what and who we are. Without robust free speech protections, all the weight of the duties on content that is legal but harmful to adults will be pushing in one direction, and sadly, that is censorship. I urge the Government to address that in the Bill.

We also need to look at the weakness of the Bill in relation to the protection, particularly for children and young people, from pornography. It is welcome that since the publication of the draft Bill, the Government have listened to concerns by introducing part 5. In eight days, it will be the fifth anniversary of the Digital Economy Act 2017 receiving Royal Assent. This Government took the decision not to implement part 3 of that Act. Those of us in the House who support age verification restrictions being placed on pornographic content are justifiably hesitant, wondering whether the Government will let children down again.

It could be 2025 before children are protected through age verification. Even if the Bill becomes law, there is still no certainty that the Government will commence the provisions. It simply cannot be left to the Secretary of State in 2025 to move secondary legislation to give effect to age verification. A commencement clause needs to be placed in the Bill. Children deserve the right to know that this Government will act for them this time.

Furthermore, the Bill needs to be consistent in how it deals with pornography across parts 3 and 5. Age verification is a simple concept. If a website, part of a website or social media platform hosts or provides pornographic content, a person’s age should be verified before access. If a child went into a newsagents to attempt to buy a pornographic magazine, they would be challenged by the shopkeeper. This goes back to the cornerstone of this issue: illegal offline should mean illegal online. The concept may be simple but the Bill, as drafted, adds unnecessary complexities. I ask the Minister to act and make parts 3 and 5 similar. We should also give Ofcom more power when it is implementing the Bill.

Draft Online Safety Bill Report

Carla Lockhart Excerpts

Thursday 13th January 2022 Commons Chamber

[Carla Lockhart (Upper Bann) (DUP)]

Like other hon. Members, I place on the record my sincere thanks to members and staff of the Joint Committee for their invaluable work. The Bill has huge potential for good and is so desperately needed. The Committee can take satisfaction that the recommendations in the report would most certainly assist in achieving the Government’s aim or stated objective of making the UK the safest place in the world to be online.

I will address some issues around the anonymous abuse that some describe as “legal but harmful”—the report offers some very constructive proposals to address that—as someone who has been on the receiving end of torrents of such abuse over many years, and in solidarity with a colleague and friend, Diane Dodds, who is a Member of the Northern Ireland Assembly, a former Member of the European Parliament, and the wife of the Lord Dodds of Duncairn. In his time in this place as the Member for Belfast North, Lord Dodds was a tireless campaigner for the fortification of flour with folic acid. Many will know that he did so as a father who had lost his beloved son Andrew, who was born with spina bifida and passed away aged eight.

Over the new year period, Diane shared a post on Twitter. In it, she was pictured with her two dogs, and extended best wishes to followers for the year ahead. An anonymous troll responded:

“Nice looking dogs, have they taken the place of your dead son?”

I know that you, Madam Deputy Speaker, and Members across this House, will share my revulsion that such a vile and callous remark was made to a mother who still grieves the loss of her child. Yet when the comment was reported, Twitter’s initial response was that it did not violate the rules. Only after three days of significant media attention did Twitter change its stance and suspend the account.

Will the Bill address that form of online abuse? Will it lift the cloak of anonymity and extend the veil of protection to people being attacked and abused online in such a callous, vindictive and cruel way? In that regard, I believe that the report of the Joint Committee and its recommendations make for better legislation and better protection for users online by rightly addressing issues with the lack of traceability by law enforcement, the frictionless creation and disposal of accounts at scale, the lack of user control over accounts they engage with, and the failure of platforms to deal with abuse. I endorse all the report’s recommendations in that regard.

I bring particular attention to the proposal that the higher-risk platforms such as Facebook and Twitter allow that choice of verified and non-verified accounts to be offered to users, and then subsequent options for the interaction of the two. Such an option would not only protect people like Diane; it would protect the schoolchild who is being abused because of their image. Verification is key and must be legislated for. Otherwise, the Bill is toothless.

The report also deals with the rather disturbing trend of multiple account creation and the use of such accounts to spread a message in a short time. In Northern Ireland, we see the method in action daily; it is used by foot soldiers or keyboard warriors of one political party to spread their message and falsehoods, and with the more sinister motive of silencing opponents. In our democracy, we need protection from such tactics, and I commend the Joint Committee for its proposals on that.

I wish briefly to mention the joint report and its approach to pornography. I believe that the Joint Committee should have offered a more robust approach to improving the legislation and safeguarding children in particular from the serious harm caused by pornography. First, if the report’s suggestion of replacing clause 11 of the Bill with a list of online harms is accepted by the Government, pornography should be listed as an online harm. For many of us in this House it was troubling that the Government in 2019 abandoned part 3 of the Digital Economy Act 2017, leaving children with no protection online.

Secondly, it is welcome that the Joint Committee has proposed age verification through the age-appropriate design code. Two concerns remain: whether the provision is as robust as the Digital Economy Act, and the timeframe for enacting it and the children who will consequently stumble on this type of material. In the interim, the Government must implement part 3 of the 2017 Act, and then the design code and this Bill can be used to offer greater protection.

Elected Women Representatives: Online Abuse

Carla Lockhart Excerpts

Tuesday 20th April 2021 Westminster Hall

[Carla Lockhart (Upper Bann) (DUP) [V]]

It is a pleasure to serve under your chairmanship, Mr Paisley. I applaud the right hon. Member for Basingstoke (Mrs Miller) for introducing this debate and once again drawing attention to this important matter. I know she has spoken and written extensively on this subject and we are all grateful for that.

While the debate is focused on elected representatives, perhaps we should again recognise that women across public life are being bombarded by abuse on a daily basis, whether they are journalists, police officers or politicians. On International Women’s Day when speaking about cracking the various glass ceilings, my party leader and First Minister of Northern Ireland, Arlene Foster, said:

“The biggest obstacle to being a woman in public life today is the constant stream of commentary on your appearance, the hourly trolling, and monthly idiot who makes a ‘this is what I’d like to do to you today’ threat. … What concerns me more is the growing evidence of online lynch mobs controlled by dark forces who are unleashed on female public figures like a pack of lions to do as much damage as they can to the public figure and the cause that they represent.”

Such lynch mobs exist to spread misinformation and destabilise their opponents. Their existence is to be condemned, and those who sponsor the mass trolling of women in public office must be exposed and condemned.

Such mobs are able to exist only because social media platforms permit anonymous accounts. I join others in calling for verified accounts, whereby users can interact incognito if they need to, but the platform knows their true identity. Although we have redress through defamation actions in Northern Ireland, we must first identify the troll. Then it is slow and very costly, and the threshold for success is high.

Finally, online abuse directed at females is serious, because in my experience it is like an addiction. The addict needs a monthly fix, then a weekly fix, and eventually an hourly fix. Sadly, as the abuse gets more regular, it also gets more poisonous. We need to send a stern message to those poisoning the public space that they cannot abuse with impunity.

Online Anonymity and Anonymous Abuse

Carla Lockhart Excerpts

Wednesday 24th March 2021 Commons Chamber

[Carla Lockhart (Upper Bann) (DUP) [V]]

I thank the hon. Member for Stroud (Siobhan Baillie) for securing this debate. The word “pandemic” is now very much part of our lexicon, and forever will be because of covid-19, yet there is another pandemic infecting this world and that is online abuse.

Since I entered politics, I myself have been the victim of a consistent and vicious campaign of abuse. It is largely based on my appearance. When I post the video of this speech online, invariably someone will post a gif or a comment designed to hurt me. Sometimes this is done through anonymous accounts and sometimes through real profiles. We live in a world where online platforms embolden people to be nasty, vindictive, spiteful and cruel, and very few public figures escape it.

Only last week, following a match with Slavia Prague, the Glasgow Rangers footballers, Glen Kamara and Kemar Roofe, were subjected to a torrent of some of the vilest racist abuse I have ever witnessed on Facebook, Instagram and Twitter. While this was on an unprecedented scale, the club tells me that every single black player at Rangers football club has been racially abused online at some point this season, yet when confronted, the social media companies wash their hands of responsibility and continue to facilitate this hate on their platforms. Rather than joining the rest of society in tackling racial inequality and prejudice, they are actually enabling it. It is time they were called out and held accountable.

I also want to raise a very sinister and very concerning trend seen in Northern Ireland. It involves threats of social media campaigns being waged against politicians and against journalists in a bid to destroy them personally and silence them publicly. What is most concerning is that the links to a political party that enjoys significant electoral support being behind this campaign of intimidation are strong. We need the social media companies to recognise this bot intimidation, and we need the police to be empowered to stop it.

In conclusion, we can continue to talk about these issues, but what we want to see is a legislative basis for enforcing measures for social media firms to require ID to verify accounts and for a swifter response and better co-operation with the police in tackling this online pandemic of hate. If that does not happen, we will have failed every victim, whether a teenager, TV presenter or international footballer, and allowed the continuation of hurt and harm against them. It is time for this Government to act.

Online Harms Consultation

Carla Lockhart Excerpts

Tuesday 15th December 2020 Commons Chamber

[Oliver Dowden]

As ever, my hon. Friend raises some very pertinent questions. On the powers for Ofcom, it will be able to interrogate data and equipment. The question around the definition of news publishers is a challenging one, for the reasons that he sets out. Essentially, we want to avoid the situation whereby a harmful source of information sets up as if it were a news publisher. That will be an important part of our engagement with Members of the House through the pre-legislative scrutiny, so I hope I will be able to reassure him on those points.

[Carla Lockhart (Upper Bann) (DUP) [V]]

I welcome today’s announcement and trust that it represents progress towards making the internet a safer place for my constituents. In protecting our children, the vulnerable and wider society online, there can be no half measures. In that regard, I have a number of areas of concern. The Secretary of State made reference to cutting-edge age assurance or verification technologies. Can he explain what exactly is meant by age assurance and the practicalities of that process? How does it differ from age verification? What evidence is there that it is more effective in protecting children from harmful content? Does he also agree that the prevalence of online scams—and the thousands of lives across the UK impacted by such scams—makes their omission from the Government’s response significant? Will he outline how the Government will address this increasingly widespread online harm?

[Oliver Dowden]

On age assurance, we are looking at the sort of emerging technology whereby, for example, one can look at how children type and use artificial intelligence to see that it is a child rather than an adult. Just yesterday, I was at a company called SafeToNet, which is doing fantastic work—for example, building into social media platforms through the electronic device that a child is using, whether that is an iPad or a phone, safety features that would block pornographic images and so on. The hon. Lady also asked me about further powers that we are taking. Forgive me; I have temporarily forgotten the point that she raised, but I am happy to write to her on that point.

Online Harms

Carla Lockhart Excerpts

Wednesday 7th October 2020 Westminster Hall

[Carla Lockhart (Upper Bann) (DUP)]

I commend the hon. Member for Halifax (Holly Lynch) for securing this important debate on an issue that I am passionate about, being motivated by my own experience of online abuse. A constituent has spoken to me about their experience and their concerns. I speak also as a mother who has concerns about what the online world will look like when my son starts accessing the internet.

Covid-19 has magnified the benefits of the internet. Our social media platforms have been so important in getting the safety message out, as well as being important for remote learning and home schooling. More than ever, we talk to our family online. Those are just some examples of how the internet can be a tremendous power for good. However the internet also remains one of the most dangerous and potentially destructive interventions of the last century. It is a place where online bullying and harassment occurs daily, where child abuse is endemic, and where damaging information can be shared, suicide and self-harm promoted, and terrorism encouraged and espoused.

In recent months, these abhorrent sides of the internet have certainly got a tighter grip. If what happens every second on the internet happened on the streets, we would not let our children anywhere near it and we would expect the full force of the law to be applied to it. Yet Government and law enforcement have allowed the intangible, remote worldwide web to self-regulate, and have also allowed an attitude of self-regulation for well over a decade. It is my belief that this must end.

I wholeheartedly endorse the six tests outlined by the NSPCC last week on what must be delivered by the legislation, including liability, empowering a regulator, effective sanctions, and recognising and dealing with the gravity of issues such as abuse, self-harm and suicide. Can anyone give me a good reason why we cannot take these steps?

I wish today to highlight a number of concerns. The first is about age verification, which is an absolute must in the forthcoming legislation. The Government U-turn of 16 October 2019 on age verification has never been accompanied by an explanation that made sense. Given that age verification providers were in place and ready to provide robust, high-specification, secure, anonymised verification, the alleged technology issues explanation does not stack up. In addition, why would the Government hold back on something that could be delivered now, as opposed to trying to marry it with other online harms that will be picked up in the current legislation? The Minister at that time told us that provision in the Conservative manifesto for statutory age verification on commercial pornography sites was “a critically important issue”. If it is critically important, it needs tackling immediately. I also ask the Government to prove us wrong on the perception that they are intent on watering down the protections for children in this regard.

On anonymity, we need to tackle these faceless trolls. We need to strip away the ability to have several accounts, all of which are used to abuse individuals. We are all accustomed to confirming our identity, be it for employment or going through the airport. Why not online?

Finally, let us look at what else we can do to increase awareness and educate children, parents and society at large. I had the privilege last week of meeting a young lady from my constituency, Mrs Deborah Webster, who has carried out significant research into the impact of legal but harmful content on our young people. Her findings are staggering—so much so that she now goes into schools to carry out a digital resilience programme. I think we all need some digital resilience in today’s society, but it needs to be underpinned by education and the curriculum. This is a huge opportunity for the Government to make a difference in almost every home in the country. It ought not to be missed.

Misogyny in Sport

Carla Lockhart Excerpts

Wednesday 16th September 2020 Commons Chamber

[Carla Lockhart (Upper Bann) (DUP)]

We saw in the last number of weeks the England football team giving pay parity to the women’s and men’s teams. Does the hon. Member agree that the Government need to do more to encourage broadcasters to promote women’s sport? If we look at the disparity between the showing of male-dominated sport and female-dominated sport, we see there is quite a gap.

[Alex Davies-Jones]

I completely agree with the hon. Member’s calls. If we do not see women’s sport, there is no women’s sport. It needs to be visible to all of us for all of us to be encouraged to take part and see those heroes, so that we have heroes for our young people to look up to.

I also request that fair funding is given to the devolved nations in terms of the Barnett consequentials, which will allow for small steps to be taken to provide equal opportunities for everyone interested in sport. Ultimately, leadership to eradicate sexism and misogyny must start at the top. The road to ending this deeply entrenched inequality is undeniably long—a marathon, not a sprint, if you will—but until we see real change from the Government and a true commitment to eradicating sexism and misogyny in sport, I am afraid that the conversation will not even get off the starting blocks. Diolch.