Cyber-bullying and Digital Anonymity

Caroline Nokes Excerpts

Thursday 23rd October 2014 Commons Chamber

[Charlie Elphicke (Dover) (Con)]

I wish to raise the matter of cyber-bullying and the abuse of online anonymity. I know that there are hon. Members for whom this is of deep concern, so I am happy to take interventions, and, if there is time, for colleagues to make short speeches, if that would be in order, Madam Deputy Speaker.

Hate-tweeting trolls make people’s lives hell. They have got out of hand on social media, and we need to tackle them, but to paraphrase Tony Blair, we cannot just be tough on hate tweeting; we must be tough on the causes of hate tweeting. I suggest that we consider targeting the anonymity that hate tweeters use to harass people online. It is all too easy to set up a bogus account online and viciously stab at people from behind the curtain; ensuring that people could not set up anonymous accounts at will would force hate tweeters to be responsible for the hate they spew. They would be identifiable.

There is a deeper point. We need to promote kindness, courtesy and being yourself. When we bump into somebody on the street, we exchange pleasantries; when we engage in banter down the local pub, we have a fun time, generally; what we do not do is pretend to be someone else or hurl abuse and make threats without consequence. Why, then, does anyone think that that is okay on the internet?

I am particularly concerned for our young people, for whom cyber-bullying is a rising issue. According to ChildLine, 4,500 young people talked to the charity about online bullying last year, representing an 87% rise on the year before. The anti-bullying charity Ditch the Label surveyed more than 10,000 young people aged 13 to 22 as part of its annual cyber-bullying report in 2013 and found that 69% had experienced cyber-bullying at some point and that 37% had experienced it frequently. Most dishearteningly, 20% had experienced extreme cyber-bullying on a daily basis. Young people are twice as likely to be cyber-bullied on Facebook as on any other social network, with 54% of young people using Facebook reporting that they had experienced cyber-bullying. Facebook, Twitter and Ask.fm are the most likely places for cyber-bullying.

It is not just about the high-profile cases involving celebrities, people who have suffered great tragedy, such as the McCanns, or Members of Parliament who have been attacked. Well-known people are more likely to be reported on, but the problem is much more widespread than just a few famous people, and sometimes it ends in tragedy. In some cases, people have been so harassed online that they have been driven to take their own lives: Callum Moody-Chapman, in Cumbria; “Nadia”—the name given by the Italian media—in Italy; Erin Gallagher, in the Republic of Ireland; and Ciara Pugsley, also in the Republic of Ireland. It is important to make it clear that suicide often has many complicating factors, but we ignore these trends at our peril.

I have referred to well-known cases in the media of adults being cyber-bullied. There was the case of J. K. Rowling during the Scottish referendum; Emma Watson just for making a speech to the UN on feminism; and of course Judy Finnigan and Chloe Madeley. It is simply unacceptable. There are three pieces of relevant legislation: the Malicious Communications Act 1988, the Communications Act 2003 and the Protection from Harassment Act 1997. The legislation focuses on dealing with trolls when they have done damage, but we need to prevent that damage in the first place. Another problem is that the international reach of the internet makes it hard to tackle criminal acts in our justice system. The police need to be more proactive and effective in tackling the problem in a more organised fashion.

[Caroline Nokes (Romsey and Southampton North) (Con)]

Is it not true, however, that even when the police are proactive and organised they are often met with the obstacle of large corporations, frequently based in the States, reluctant to hand over the information that would enable the police to identify and prosecute these trolls?

[Charlie Elphicke]

I completely agree with my hon. Friend. That is one barrier; the other one, of course, is that people can just set up new accounts at will. They can do that through the dark net, and they can hide their IP addresses to make it harder to locate who they are. That is why I am coming to the point of saying that perhaps we should think about making people identify themselves if they want to set up an account, just as we have to do in so many other walks of life.

I recognise that the international nature of the internet makes it hard to tackle the criminality in this country, but I suggest that the police should make much more use of the Harassment Act 1997 rather than view this as a separate online problem. The behaviour is what they should go after. If behaviour is criminal, we cannot allow more latitude for it on the internet. There is not. Such behaviour should be subject to the same tests as if someone is confronted on the street with nasty face-to-face remarks.

I welcome the fact that the Justice Secretary has set out plans for serious cases of cyber-bullying to go to the Crown court and be subject to a sentence of up to two years. That is a welcome and encouraging start—a step in the right direction, saying that cyber-bullying is unacceptable. Nevertheless, let me set out three areas where we could go further.

First and most fundamentally, people need to take responsibility for their actions and not have the option of anonymity. We have cracked down on poison pen letters. Some of us may remember the problem of deep breathers—those who would pick up the phone and start calling random numbers and deep breathing at people to terrorise them down the line. Call logging put a stop to all that stuff, but now we need to deal with trouble caused when characters use anonymity to spout vitriol online. Anonymity, then, is the first issue.

Evidence suggests that people’s behaviour becomes worse when they are given anonymity, which is why it needs to end. Social media providers should ensure that they know people’s identity to discourage hate-filled attacks. If it is known who they are, people will not go around doing this sort of thing and neither will they be able to create multiple social media accounts to further their hate campaigns.

Some say, “We cannot do this; it undermines the principle of free speech. I should be able to say what I like.” I believe they are wrong to say that because the principle of free speech was dearly bought. People can state their own views in their own name. Mrs Mopp of Acacia avenue can say, “The Prime Minister and the Leader of the Opposition are completely hopeless and not up to their job”, but the secret police will not come for them in the middle of the night. That is what free speech is about. It is not a right to go around anonymously terrorising and harassing people. That is an abuse of free speech. It is not free speech; it is pure cowardice, and it should not be tolerated. Neither should we confuse the issue of privacy to surf the internet, which we all believe in, with the idea of privacy in aid of anonymity as a means of launching attacks on people. There should be no hiding place for trolls.

Secondly, there is the issue of educating children on digital responsibilities. We cannot protect children simply by blocking access to the internet and social media. That will not work. Young people are at the forefront of technological change, so we need to educate them to understand that their online behaviour will be judged just as much as their behaviour in real life. Just as we teach citizenship and British values in our schools, so we should educate our young people about their online responsibilities and the importance of respect there, as well.

Thirdly, international action is important. The internet is international: it knows no borders and it is changing all the time. Social media has existed for barely a decade, and the law needs to keep up with this rapid change. That is why we need international co-ordinated action. An organisation such as the OECD could play a serious role in co-ordinating what we all do collectively in the global village in which we live. Rogue nations that harbour trolls and online criminals can be tackled more effectively with international co-ordination.

To conclude, it is becoming increasingly clear that it is time to strip people of their anonymity on social media.

Legal Aid Reform

Caroline Nokes Excerpts

Thursday 27th June 2013 Commons Chamber

[Rosie Cooper]

I am sure that is exactly what will happen and that justice will be ill served by the people who support and vote for this awful idea. Has real consideration been given to the issue of conflict? The new legal corporations will reach into every stage of the criminal justice process, motivated by profit, not justice. The removal of a client’s fundamental right to choose their representative is completely unacceptable.

These proposals will cause problems for the justice system, including concerns about the right to a fair trial under article 6 of the European convention on human rights. An individual who is involved in multiple matters might end up with numerous representatives forced to deal with separate matters. That will add to the delay and the costs as there will duplication of effort in obtaining information and instructions, to the detriment of the individual. That is if they are to get legal representation at all. In a big sign of things to come, the Bar Council has already produced a do-it-yourself guide to representing oneself in court.

[Caroline Nokes (Romsey and Southampton North) (Con)]

Does the hon. Lady share my concern that we will see an increase in the number of litigants in person, which, far from driving down costs, will take up more time and add to costs?

[Rosie Cooper]

I absolutely agree. In fact, I think that the hon. Lady will find that that is already happening. How can that aid cost cutting or justice? It is a travesty.

Everything about the consultation strikes me as being about the easy option, not the right option for the people who sent us here or for justice. I believe that the cuts will be a false economy, as we will see increased inefficiency. One wonders how much could be saved if the Justice Secretary simply sorted out the waste in the system. For example, I know of one prisoner who was not produced in court by the Prison Service—it had nothing to do with the CPS—on three occasions, with proceedings stayed and all the associated time and costs wasted. If we tackled that waste, how much money would we save? We would still preserve justice and fairness at the heart of the system.

I wonder whether the Justice Secretary, if his family found themselves unable to afford legal representation—God forbid—would accept the crumbs that he is now throwing to everybody else. In closing, I ask the Minister, who is in his place, whether justice on the cheap is any justice at all.

Oral Answers to Questions

Caroline Nokes Excerpts

Tuesday 28th June 2011 Commons Chamber

[Mr Djanogly]

The Legal Services Board reported on that only a matter of weeks ago. We are looking at its recommendations, which go much further than a ban and, in particular, deal with transparency, which was what the Select Committee on Transport focused on. We will look carefully at all these issues.

[Caroline Nokes (Romsey and Southampton North) (Con)]

9. What consideration he has given to those responses to his Department’s consultation on legal aid that raised concerns about his Department’s definition of domestic violence.

[Alun Cairns (Vale of Glamorgan) (Con)]

13. What his policy is on the provision of legal aid support for victims of domestic violence.

[The Parliamentary Under-Secretary of State for Justice (Mr Jonathan Djanogly)]

We published the Government’s response to the consultation on 21 June. Legal aid will remain available for applications for protective injunctions, as at present. However, for disputes about children or finance following the breakdown of a relationship, legal aid will be available for victims of domestic violence where there is objective evidence of the need for protection.

[Caroline Nokes]

Will the Minister give an assurance that, in cases where domestic violence has been a factor in family breakdown, all other associated costs incurred in bringing about a resolution will be covered by legal aid?

[Mr Djanogly]

For family matters, including disputes about finance or children arising from the breakdown of a relationship, legal aid will be available for victims of domestic violence where there is evidence of a need for protection. Of course, we will also provide civil legal aid for victims of domestic violence to apply for protective injunctions, such as non-molestation orders.