Online Harms Consultation

Chris Elmore Excerpts

Tuesday 15th December 2020 Commons Chamber

[Oliver Dowden]

My right hon Friend, another former Culture Secretary, makes an important point. She and I have discussed this at length. It is absolutely essential that, alongside the duties of care, we specifically outlaw certain things: she has made important points around deep fakes, cyber-flashing and so on. I can confirm that, working with the Law Commission, we will be looking through this legislation specifically to outlaw that kind of activity and make it illegal.

[Chris Elmore (Ogmore) (Lab)]

As the Secretary of State will undoubtedly be aware, I really welcome this Bill; I honestly believe that it is well intended, but fear it is rather muddled and jumbled. I would like to know when the Bill is coming to the Floor of the House—not pre-legislative scrutiny, as the Secretary of State has mentioned in answer to several other Members, but when the Bill is coming—because we have been waiting two years for just this statement. I would also like to know why delay culpability has been delayed; self-governance has not worked for 15 years, so why delay it? Finally, why not deal with the issues around economic crime? That is increasing, and I believe it is a mistake not to deal with the problems of economic crime in society through platforms.

[Oliver Dowden]

I welcome the hon. Gentleman’s overall support. On when this will be coming, the legislation will be brought before the House in 2021. He asked about economic crime, and other Members also raised that. [Interruption.] Well, to the extent that this comes from user-generated content, of course it will fall within scope, but if we seek to make this Bill deal with every harm on the internet, it will quickly become very unwieldy. Most fraud comes as a result of activities such as online advertising. We must try to have some sort of a scope around this.

The hon. Gentleman asked why we are delaying taking powers. We are not delaying taking powers: from the get-go, these enormous fines of up to 10% of global turnover will be imposed. If that is still not effective, we will have taken the power to use criminal sanctions for senior managers, and it will simply be a case of passing secondary legislation to bring that into force. As it is such a big step to have criminal liability, if we can avoid criminal liability I would like to do so. I believe the fines will be sufficient, but if they are not, then we will have taken those powers.