Online Safety Bill

Chris Philp Excerpts

Report stage
Tuesday 12th July 2022 Commons Chamber

[Damian Collins]

The Joint Committee’s recommendation was for a restructuring of the Bill, so that rather than having general duty of care responsibilities that were not defined, we defined those responsibilities based on existing areas of law. The core principle behind the Bill is to take things that are illegal offline, and to regulate such things online based on the legal threshold. That is what the Bill does.

In schedule 7, which did not exist in the draft phase, we have written into the Bill a long list of offences in law. I expect that, as this regime is created, the House will insert more regulations and laws into schedule 7 as priority offences in law. Even if an offence in law is not listed in the priority illegal harms schedule, it can still be a non-priority harm, meaning that even if a company does not have to look for evidence of that offence proactively, it still has to act if it is made aware of the offence. I think the law gives us a very wide range of offences, clearly defined against offences in law, where there are clearly understood legal thresholds.

The question is: what is to be done about other content that may be harmful but sits below the threshold? The Government have made it clear that we intend to bring forward amendments that set out clear priorities for companies on the reporting of such harmful content, where we expect the companies to set out what their policies are. That will include setting out clearly their policies on things such as online abuse and harassment, the circulation of real or manufactured intimate images, content promoting self-harm, content promoting eating disorders or legal suicide content—this is content relating to adults—so the companies will have to be transparent on that point.

[Chris Philp (Croydon South) (Con)]

I congratulate the Minister on his appointment, and I look forward to supporting him in his role as he previously supported me in mine. I think he made an important point a minute ago about content that is legal but considered to be harmful. It has been widely misreported in the press that this Bill censors or prohibits such content. As the Minister said a moment ago, it does no such thing. There is no requirement on platforms to censor or remove content that is legal, and amendment 71 to clause 13 makes that expressly clear. Does he agree that reports suggesting that the Bill mandates censorship of legal content are completely inaccurate?

[Damian Collins]

I am grateful to my hon. Friend, and as I said earlier, he is absolutely right. There is no requirement for platforms to take down legal speech, and they cannot be directed to do so. What we have is a transparency requirement to set out their policies, with particular regard to some of the offences I mentioned earlier, and a wide schedule of things that are offences in law that are enforced through the Bill itself. This is a very important distinction to make. I said to him on Second Reading that I thought the general term “legal but harmful” had added a lot of confusion to the way the Bill was perceived, because it created the impression that the removal of legal speech could be required by order of the regulator, and that is not the case.

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[Alex Davies-Jones]

I welcome the Minister’s commitment, which is something that the previous Minister, the hon. Member for Croydon South (Chris Philp) also committed to in Committee. However, it should have been in the Bill to begin with, or been tabled as an amendment today so that we could discuss it on the Floor of the House. We should not have to wait until the Bill goes to the other place to discuss this fundamental, important point that I know colleagues on the Minister’s own Back Benches have been calling for. Here we are, weeks down the line, with nothing having been done to fix that problem, which we know will be a persistent problem unless action is taken. It is beyond frustrating that no indication was given in Committee of these changes, because they have wide-ranging consequences for the effects of the Bill. Clearly, the Government are distracted with other matters, but I remind the Minister that Labour has long called for a safer internet, and we are keen to get the Bill right.

Let us start with new clause 14, which provides clarification about how online services should determine whether content should be considered illegal, and therefore how the illegal safety duty should apply. The new clause is deeply problematic, and is likely to reduce significantly the amount of illegal content and fraudulent advertising that is correctly identified and acted on. First, companies will be expected to determine whether content is illegal or fraudulently based on information that is

“reasonably available to a provider”,

with reasonableness determined in part by the size and capacity of the provider. That entrenches the problems I have outlined with smaller, high-risk companies being subject to fewer duties despite the acute risks they pose. Having less onerous applications of the illegal safety duties will encourage malign actors to migrate illegal activity on to smaller sites that have less pronounced regulatory expectations placed on them. That has particularly concerning ramifications for children’s protections, which I will come on to shortly. On the other end of the scale, larger sites could use new clause 14 to argue that their size and capacity, and the corresponding volumes of material they are moderating, makes it impractical for them reliably and consistently to identify illegal content.

The second problem arises from the fact that the platforms will need to have

“reasonable grounds to infer that all elements necessary for the commission of the offence, including mental elements, are present or satisfied”.

That significantly raises the threshold at which companies are likely to determine that content is illegal. In practice, companies have routinely failed to remove content where there is clear evidence of illegal intent. That has been the case in instances of child abuse breadcrumbing, where platforms use their own definitions of what constitutes a child abuse image for moderation purposes. Charities believe it is inevitable that companies will look to use this clause to minimise their regulatory obligations to act.

Finally, new clause 14 and its resulting amendments do not appear to be adequately future-proofed. The new clause sets out that judgments should be made

“on the basis of all relevant information that is reasonably available to a provider.”

However, on Meta’s first metaverse device, the Oculus Quest product, that company records only two minutes of footage on a rolling basis. That makes it virtually impossible to detect evidence of grooming, and companies can therefore argue that they cannot detect illegal content because the information is not reasonably available to them. The new clause undermines and weakens the safety mechanisms that the Minister, his team, the previous Minister, and all members of the Joint Committee and the Public Bill Committee have worked so hard to get right. I urge the Minister to reconsider these amendments and withdraw them.

I will now move on to improving the children’s protection measures in the Bill. In Committee, it was clear that one thing we all agreed on, cross-party and across the House, was trying to get the Bill to work for children. With colleagues in the Scottish National party, Labour Members tabled many amendments and new clauses in an attempt to achieve that goal. However, despite their having the backing of numerous children’s charities, including the National Society for the Prevention of Cruelty to Children, 5Rights, Save the Children, Barnardo’s, The Children’s Society and many more, the Government sadly did not accept them. We are grateful to those organisations for their insights and support throughout the Bill’s passage.

We know that children face significant risks online, from bullying and sexist trolling to the most extreme grooming and child abuse. Our amendments focus in particular on preventing grooming and child abuse, but before I speak to them, I associate myself with the amendments tabled by our colleagues in the Scottish National party, the hon. Members for Aberdeen North (Kirsty Blackman) and for Ochil and South Perthshire (John Nicolson). In particular, I associate myself with the sensible changes they have suggested to the Bill at this stage, including a change to children’s access assessments through amendment 162 and a strengthening of duties to prevent harm to children caused by habit-forming features through amendment 190.

Since the Bill was first promised in 2017, the number of online grooming crimes reported to the police has increased by more than 80%. Last year, around 120 sexual communication with children offences were committed every single week, and those are only the reported cases. The NSPCC has warned that that amounts to a

“tsunami of online child abuse”.

We now have the first ever opportunity to legislate for a safer world online for our children.

However, as currently drafted, the Bill falls short by failing to grasp the dynamics of online child abuse and grooming, which rarely occurs on one single platform or app, as mentioned by my hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams). In well-established grooming pathways, abusers exploit the design features of open social networks to contact children, then move their communication across to other, more encrypted platforms, including livestreaming sites and encrypted messaging services. For instance, perpetrators manipulate features such as Facebook’s algorithmic friend suggestions to make initial contact with large numbers of children, who they then groom through direct messages before moving to encrypted services such as WhatsApp, where they coerce children into sending sexual images. That range of techniques is often referred to as child abuse breadcrumbing, and is a significant enabler of online child abuse.

I will give a sense of how easy it is for abusers to exploit children by recounting the words and experiences of a survivor, a 15-year-old girl who was groomed on multiple sites:

“I’ve been chatting with this guy online who’s…twice my age. This all started on Instagram but lately all our chats have been on WhatsApp. He seemed really nice to begin with, but then he started making me do these things to ‘prove my trust’ to him, like doing video chats with my chest exposed. Every time I did these things for him, he would ask for more and I felt like it was too late to back out. This whole thing has been slowly destroying me and I’ve been having thoughts of hurting myself.”

I appreciate that it is difficult listening, but that experience is being shared by thousands of other children every year, and we need to be clear about the urgency that is needed to change that.

It will come as a relief to parents and children that, through amendments 58 to 61, the Government have finally agreed to close the loophole that allowed for breadcrumbing to continue. However, I still wish to speak to our amendments 15, 16, and 17 to 19, which were tabled before the Government changed their mind. Together with the Government’s amendments, these changes will bring into scope tens of millions of interactions with accounts that actively enable the discovery and sharing of child abuse material.

Amendment 15 would ensure that platforms have to include in their illegal content risk assessment content that

“reasonably foreseeably facilitates or aids the discovery or dissemination of CSEA content.”

Amendment 16 would ensure that platforms have to maintain proportionate systems and processes to minimise the presence of such content on their sites. The wording of our amendments is tighter and includes aiding the discovery or dissemination of content, whereas the Government’s amendments cover only “commission or facilitation”. Can the Minister tell me why the Government chose that specific wording and opposed the amendments that we tabled in Committee, which would have done the exact same thing? I hope that in the spirit of collaboration that we have fostered throughout the passage of the Bill with the new Minister and his predecessor, the Minister will consider the merit of our amendments 15 and 16.

Labour is extremely concerned about the significant powers that the Bill in its current form gives to the Secretary of State. We see that approach to the Bill as nothing short of a shameless attempt at power-grabbing from a Government whose so-called world-leading Bill is already failing in its most basic duty of keeping people safe online. Two interlinked issues arise from the myriad of powers granted to the Secretary of State throughout the Bill: the first is the unjustified intrusion of the Secretary of State into decisions that are about the regulation of speech, and the second is the unnecessary levels of interference and threats to the independence of Ofcom that arise from the powers of direction to Ofcom in its day-to-day matters and operations. That is not good governance, and it is why Labour has tabled a range of important amendments that the Minister must carefully consider. None of us wants the Bill to place undue powers in the hands of only one individual. That is not a normal approach to regulation, so I fail to see why the Government have chosen to go down that route in this case.

[Chris Philp]

I thank the shadow Minister for giving way—I will miss our exchanges across the Dispatch Box. She is making a point about the Secretary of State powers in, I think, clause 40. Is she at all reassured by the undertakings given in the written ministerial statement tabled by the Secretary of State last Thursday, in which the Government committed to amending the Bill in the Lords to limit the use of those powers to exceptional circumstances only, and precisely defined those circumstances as only being in connection with issues such as public health and public safety?

[Alex Davies-Jones]

I thank the former Minister for his intervention, and I am grateful for that clarification. We debated at length in Committee the importance of the regulator’s independence and the prevention of overarching Secretary of State powers, and of Parliament having a say and being reconvened if required. I welcome the fact that that limitation on the power will be tabled in the other place, but it should have been tabled as an amendment here so that we could have discussed it today. We should not have to wait for the Bill to go to the other place for us to have our say. Who knows what will happen to the Bill tomorrow, next week or further down the line with the Government in utter chaos? We need this to be done now. The Minister must recognise that this is an unparalleled level of power, and one with which the sector and Back Benchers in his own party disagree. Let us work together and make sure the Bill really is fit for purpose, and that Ofcom is truly independent and without interference and has the tools available to it to really create meaningful change and keep us all safe online once and for all.

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[John Nicolson (Ochil and South Perthshire) (SNP)]

I rise to speak to the amendments in my name and those of other right hon. and hon. Members. I welcome the Minister to his place after his much-deserved promotion; as other hon. Members have said, it is great to have somebody who is both passionate and informed as a Minister. I also pay tribute to the hon. Member for Croydon South (Chris Philp), who is sitting on the Back Benches: he worked incredibly hard on the Bill, displayed a mastery of detail throughout the process and was extremely courteous in his dealings with us. I hope that he will be speedily reshuffled back to the Front Bench, which would be much deserved—but obviously not that he should replace the Minister, who I hope will remain in his current position or indeed be elevated from it.

But enough of all this souking, as we say north of the border. As one can see from the number of amendments tabled, the Bill is not only an enormous piece of legislation but a very complex one. Its aims are admirable—there is no reason why this country should not be the safest place in the world to be online—but a glance through the amendments shows how many holes hon. Members think it still has.

The Government have taken some suggestions on board. I welcome the fact that they have finally legislated outright to stop the wicked people who attempt to trigger epileptic seizures by sending flashing gifs; I did not believe that such cruelty was possible until I was briefed about it in preparation for debates on the Bill. I pay particular tribute to wee Zach, whose name is often attached to what has been called Zach’s law.

The amendments to the Bill show that there has been a great deal of cross-party consensus on some issues, on which it has been a pleasure to work with friends in the Labour party. The first issue is addressed, in various ways, by amendments 44 to 46, 13, 14, 21 and 22, which all try to reduce the Secretary of State’s powers under the Bill. In all the correspondence that I have had about the Bill, and I have had a lot, that is the area that has most aggrieved the experts. A coalition of groups with a broad range of interests, including child safety, human rights, women and girls, sport and democracy, all agree that the Secretary of State is granted too many powers under the Bill, which threatens the independence of the regulator. Businesses are also wary of the powers, in part because they cause uncertainty.

The reduction of ministerial powers under the Bill was advised by the Joint Committee on the Draft Online Safety Bill and by the Select Committee on Digital, Culture, Media and Sport, on both of which I served. In Committee, I asked the then Minister whether any stakeholder had come forward in favour of these powers. None had.

Even DCMS Ministers do not agree with the powers. The new Minister was Chair of the Joint Committee, and his Committee’s report said:

“The powers for the Secretary of State to a) modify Codes of Practice to reflect Government policy and b) give guidance to Ofcom give too much power to interfere in Ofcom’s independence and should be removed.”

The Government have made certain concessions with respect to the powers, but they do not go far enough. As the Minister said, the powers should be removed.

We should be clear about exactly what the powers do. Under clause 40, the Secretary of State can

“modify a draft of a code of practice”.

That allows the Government a huge amount of power over the so-called independent communications regulator. I am glad that the Government have listened to the suggestions that my colleagues and I made on Second Reading and in Committee, and have committed to using the power only in “exceptional circumstances” and by further defining “public policy” motives. But “exceptional circumstances” is still too opaque and nebulous a phrase. What exactly does it mean? We do not know. It is not defined—probably intentionally.

The regulator must not be politicised in this way. Several similar pieces of legislation are going through their respective Parliaments or are already in force. In Germany, Australia, Canada, Ireland and the EU, with the Digital Services Act, different Governments have grappled with the issue of making digital regulation future-proof and flexible. None of them has added political powers. The Bill is sadly unique in making such provision.

When a Government have too much influence over what people can say online, the implications for freedom of speech are particularly troubling, especially when the content that they are regulating is not illegal. There are ways to future-proof and enhance the transparency of Ofcom in the Bill that do not require the overreach that these powers give. When we allow the Executive powers over the communications regulator, the protections must be absolute and iron-clad, but as the Bill stands, it gives leeway for abuse of those powers. No matter how slim the Minister feels the chance of that may be, as parliamentarians we must not allow it.

Amendment 187 on human trafficking is an example of a relatively minor change to the Bill that could make a huge difference to people online. Our amendment seeks to deal explicitly with what Meta and other companies refer to as domestic servitude, which is very newsworthy, today of all days, and which we know better as human trafficking. Sadly, this abhorrent practice has been part of our society for hundreds if not thousands of years. Today, human traffickers are aided by various apps and platforms. The same platforms that connect us with old friends and family across the globe have been hijacked by the very worst people in our world, who are using them to create networks of criminal enterprise, none more cruel than human trafficking.

Investigations by the BBC and The Wall Street Journal have uncovered how traffickers use Instagram, Facebook and WhatsApp to advertise, sell and co-ordinate the trafficking of young women. One would have thought that the issue would be of the utmost importance to Meta—Facebook, as it was at the time—yet, as the BBC reported, The Wall Street Journal found that

“the social media giant only took ‘limited action’ until ‘Apple Inc. threatened to remove Facebook’s products from the App Store, unless it cracked down on the practice’.”

I and my friends across the aisle who sat on the DCMS Committee and the Joint Committee on the draft Bill know exactly what it is like to have Facebook’s high heid yins before us. They will do absolutely nothing to respond to legitimate pressure. They understand only one thing: the force of law and of financial penalty. Only when its profits were in danger did Meta take the issue seriously.

The omission of human trafficking from schedule 7 is especially worrying, because if human trafficking is not directly addressed as priority illegal content, we can be certain that it will not be prioritised by the platforms. We know from their previous behaviour that the platforms never do anything that will cost them money unless they are forced to do so. We understand that it is difficult to regulate in respect of human trafficking on platforms: it requires work across borders and platforms, with moderators speaking different languages. It is not cheap or easy, but it is utterly essential. The social media companies make enormous amounts of money, so let us shed no tears for them and for the costs that will be entailed. If human trafficking is not designated as a priority harm, I fear that it will fall by the wayside.

In Committee, the then Minister said that the relevant legislation was covered by other parts of the Bill and that it was not necessary to incorporate offences under the Modern Slavery Act 2015 into priority illegal content. He referred to the complexity of offences such as modern slavery, and said how illegal immigration and prostitution priority offences might cover that already. That is simply not good enough. Human traffickers use platforms as part of their arsenal at every stage of the process, from luring in victims to co-ordinating their movements and threatening their families. The largest platforms have ample capacity to tackle these problems and must be forced to be proactive. The consequences of inaction will be grave.

[Chris Philp]

It is a pleasure to follow the hon. Member for Ochil and South Perthshire (John Nicolson).

Let me begin by repeating my earlier congratulations to my hon. Friend the Member for Folkestone and Hythe (Damian Collins) on assuming his place on the Front Bench. Let me also take this opportunity to extend my thanks to those who served on the Bill Committee with me for some 50 sitting hours—it was, generally speaking, a great pleasure—and, having stepped down from the Front Bench, to thank the civil servants who have worked so hard on the Bill, in some cases over many years.

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[Joanna Cherry]

I hear what the hon. Gentleman is saying, but he will have heard the speech made by his colleague, the right hon. Member for Haltemprice and Howden (Mr Davis). Does he not accept that it is correct to say that there is a risk of an increase in content moderation, and does he therefore see the force of my amendment, which we have previously discussed privately and which is intended to ensure that Twitter and other online service providers are subject to anti-discrimination law in the United Kingdom under the Equality Act 2010?

[Chris Philp]

I did of course hear what was said by my right hon. Friend the Member for Haltemprice and Howden (Mr Davis). To be honest, I think that increased scrutiny of content which might constitute abuse of harassment, whether of women or of ethnic minorities, is to be warmly welcomed. The Bill provides that the risk assessors must pay attention to the characteristics of the user. There is no cross-reference to the Equality Act—I know the hon. and learned Lady has submitted a request on that, to which my successor Minister will now be responding—but there are references to characteristics in the provisions on safety duties, and those characteristics do of course include gender and race.

In relation to the risk that these duties are over-interpreted or over-applied, for the first time ever there is a duty for social media firms to have regard to freedom of speech. At present these firms are under no obligation to have regard to it, but clause 19(2) imposes such a duty, and anyone who is concerned about free speech should welcome that. Clauses 15 and 16 go further: clause 15 creates special protections for “content of democratic importance”, while clause 16 does the same for content of journalistic importance. So while I hugely respect and admire my right hon. Friend the Member for Haltemprice and Howden, I do not agree with his analysis in this instance.

I would now like to ask a question of my successor. He may wish to refer to it later or write to me, but if he feels like intervening, I will of course give way to him. I note that four Government amendments have been tabled; I suppose I may have authorised them at some point. Amendments 72, 73, 78 and 82 delete some words in various clauses, for example clauses 13 and 15. They remove the words that refer to treating content “consistently”. The explanatory note attached to amendment 72 acknowledges that, and includes a reference to new clause 14, which defines how providers should go about assessing illegal content, what constitutes illegal content, and how content is to be determined as being in one of the various categories.

As far as I can see, new clause 14 makes no reference to treating, for example, legal but harmful content “consistently”. According to my quick reading—without the benefit of highly capable advice—amendments 72, 73, 78 and 82 remove the obligation to treat content “consistently”, and it is not reintroduced in new clause 14. I may have misread that, or misunderstood it, but I should be grateful if, by way of an intervention, a later speech or a letter, my hon. Friend the Minister could give me some clarification.

[Damian Collins]

I think that the codes of practice establish what we expect the response of companies to be when dealing with priority illegal harm. We would expect the regulator to apply those methods consistently. If my hon. Friend fears that that is no longer the case, I shall be happy to meet him to discuss the matter.

[Chris Philp]

Clause 13(6)(b), for instance, states that the terms of service must be

“applied consistently in relation to content”,

and so forth. As far as I can see, amendment 72 removes the word “consistently”, and the explanatory note accompanying the amendment refers to new clause 14, saying that it does the work of the previous wording, but I cannot see any requirement to act consistently in new clause 14. Perhaps we could pick that up in correspondence later.

[Damian Collins]

If there is any area of doubt, I shall be happy to follow it up, but, as I said earlier, I think we would expect that if the regulator establishes through the codes of practice how a company will respond proactively to identify illegal priority content on its platform, it is inherent that that will be done consistently. We would accept the same approach as part of that process. As I have said, I shall be happy to meet my hon. Friend and discuss any gaps in the process that he thinks may exist, but that is what we expect the outcome to be.

[Chris Philp]

I am grateful to my hon. Friend for his comments. I merely observe that the “consistency” requirements were written into the Bill, and, as far as I can see, are not there now. Perhaps we could discuss it further in correspondence.

Let me turn briefly to clause 40 and the various amendments to it—amendments 44, 45, 13, 46 and others—and the remarks made by the shadow Minister, the hon. Member for Pontypridd (Alex Davies-Jones), about the Secretary of State’s powers. I intervened on the hon. Lady earlier on this subject. It also arose in Committee, when she and many others made important points on whether the powers in clause 40 went too far and whether they impinged reasonably on the independence of the regulator, in this case Ofcom. I welcome the commitments made in the written ministerial statement laid last Thursday—coincidentally shortly after my departure—that there will be amendments in the Lords to circumscribe the circumstances in which the Secretary of State can exercise those powers to exceptional circumstances. I heard the point made by the hon. Member for Ochil and South Perthshire that it was unclear what “exceptional” meant. The term has a relatively well defined meaning in law, but the commitment in the WMS goes further and says that the bases upon which the power can be exercised will be specified and limited to certain matters such as public health or matters concerning international relations. That will severely limit the circumstances in which those powers can be used, and I think it would be unreasonable to expect Ofcom, as a telecommunications regulator, to have expertise in those other areas that I have just mentioned. I think that the narrowing is reasonable, for the reasons that I have set out.

[Julian Knight (Solihull) (Con)]

Those areas are still incredibly broad and open to interpretation. Would it not be easier just to remove the Secretary of State from the process and allow this place to take directly from Ofcom the code of standards that we are talking about so that it can be debated fully in the House?

[Chris Philp]

I understand my hon. Friend’s point. Through his work as the Chairman of the Select Committee he has done fantastic work in scrutinising the Bill. There might be circumstances where one needed to move quickly, which would make the parliamentary intervention he describes a little more difficult, but he makes his point well.

[Julian Knight]

So why not quicken up the process by taking the Secretary of State out of it? We will still have to go through the parliamentary process regardless.

[Chris Philp]

The Government are often in possession of information—for example, security information relating to the UK intelligence community—that Ofcom, as the proposer of a code or a revised code, may not be in possession of. So the ability of the Secretary of State to propose amendments in those narrow fields, based on information that only the Government have access to, is not wholly unreasonable. My hon. Friend will obviously comment further on this in his speech, and no doubt the other place will give anxious scrutiny to the question as well.

I welcome the architecture in new clause 14 in so far as it relates to the definition of illegal content; that is a helpful clarification. I would also like to draw the House’s attention to amendment 16 to clause 9, which makes it clear that acts that are concerned with the commission of a criminal offence or the facilitation of a criminal offence will also trigger the definitions. That is a very welcome widening.

I do not want to try the House’s patience by making too long a speech, given how much the House has heard from me already on this topic, but there are two areas where, as far as I can see, there are no amendments down but which others who scrutinise this later, particularly in the other place, might want to consider. These are areas that I was minded to look at a bit more over the summer. No doubt it will be a relief to some people that I will not be around to do so. The first of the two areas that might bear more thought is clause 137, which talks about giving academic researchers access to social media platforms. I was struck by Frances Haugen’s evidence on this. The current approach in the Bill is for Ofcom to do a report that will takes two years, and I wonder if there could be a way of speeding that up slightly.

The second area concerns the operation of algorithms promoting harmful content. There is of course a duty to consider how that operates, but when it comes algorithms promoting harmful content, I wonder whether we could be a bit firmer in the way we treat that. I do not think that would restrain free speech, because the right of free speech is the right to say something; it is not the right to have an algorithm automatically promoting it. Again, Frances Haugen had some interesting comments on that.

[Sir Jeremy Wright]

I agree that there is scope for more to be done to enable those in academia and in broader civil society to understand more clearly what the harm landscape looks like. Does my hon. Friend agree that if they had access to the sort of information he is describing, we would be able to use their help to understand more fully and more clearly what we can do about those harms?

[Chris Philp]

My right hon. and learned Friend is right, as always. We can only expect Ofcom to do so much, and I think inviting expert academic researchers to look at this material would be welcome. There is already a mechanism in clause 137 to produce a report, but on reflection it might be possible to speed that up. Others who scrutinise the Bill may also reach that conclusion. It is important to think particularly about the operation of algorithmic promotion of harmful content, perhaps in a more prescriptive way than we do already. As I have said, Frances Haugen’s evidence to our Committee in this area was particularly compelling.

[Damian Collins]

I agree with my hon. Friend on both points. I discussed the point about researcher access with him last week, when our roles were reversed, so I am sympathetic to that. There is a difference between that and the researcher access that the Digital Services Act in Europe envisages, which will not have the legal powers that Ofcom will have to compel and demand access to information. It will be complementary but it will not replace the primary powers that Ofcom will have, which will really set our regime above those elsewhere. It is certainly my belief that the algorithmic amplification of harmful content must be addressed in the transparency reports and that, where it relates to illegal activities, it must absolutely be within the scope of the regulator to state that actively promoting illegal content to other people is an offence under this legislation.

[Chris Philp]

On my hon. Friend’s first point, he is right to remind the House that the obligations to disclose information to Ofcom are absolute; they are hard-edged and they carry criminal penalties. Researcher access in no way replaces that; it simply acts as a potential complement to it. On his second point about algorithmic promotion, of course any kind of content that is illegal is prohibited, whether algorithmically promoted or otherwise. The more interesting area relates to content that is legal but perceived as potentially harmful. We have accepted that the judgments on whether that content stays up or not are for the platforms to make. If they wish, they can choose to allow that content simply to stay up. However, it is slightly different when it comes to algorithmically promoting it, because the platform is taking a proactive decision to promote it. That may be an area that is worth thinking about a bit more.

[Damian Collins]

On that point, if a platform has a policy not to accept a certain sort of content, I think the regulators should expect it to say in its transparency report what it is doing to ensure that it is not actively promoting that content through a newsfeed, on Facebook or “next up” on YouTube. I expect that to be absolutely within the scope of the powers we have in place.

[Chris Philp]

In terms of content that is legal but potentially harmful, as the Bill is drafted, the platforms will have to set out their policies, but their policies can say whatever they like, as we discussed earlier. A policy could include actively promoting content that is harmful through algorithms, for commercial purposes. At the moment, the Bill as constructed gives them that freedom. I wonder whether that is an area that we can think about making slightly more prescriptive. Giving them the option to leave the content up there relates to the free speech point, and I accept that, but choosing to algorithmically promote it is slightly different. At the moment, they have the freedom to choose to algorithmically promote content that is toxic but falls just on the right side of legality. If they want to do that, that freedom is there, and I just wonder whether it should be. It is a difficult and complicated topic and we are not going to make progress on it today, but it might be worth giving it a little more thought.

I think I have probably spoken for long enough on this Bill, not just today but over the last few months. I broadly welcome these amendments but I am sure that, as the Bill completes its stages, in the other place as well, there will be opportunities to slightly fine-tune it that all of us can make a contribution to.

[Dame Margaret Hodge]

First, congratulations to the Under-Secretary of State for Digital, Culture, Media and Sport, the hon. Member for Folkestone and Hythe (Damian Collins). I think his is one of the very few appointments in these latest shenanigans that is based on expertise and ability. I really welcome him, and the work he has done on the Bill this week has been terrific. I also thank the hon. Member for Croydon South (Chris Philp). When he held the position, he was open to discussion and he accepted a lot of ideas from many of us across the House. As a result, I think we have a better Bill before us today than we would have had. My gratitude goes to him as well.

I support much of the Bill, and its aim of making the UK the safest place to be online is one that we all share. I support the systems-based approach and the role of Ofcom. I support holding the platforms to account and the importance of protecting children. I also welcome the cross-party work that we have done as Back Benchers, and the roles played by both Ministers and by the right hon. and learned Member for Kenilworth and Southam (Sir Jeremy Wright). I thank him for his openness and his willingness to talk to us. Important amendments have been agreed on fraudulent advertising, bringing forward direct liability so there is not a two-year wait, and epilepsy trolling—my hon. Friend the Member for Batley and Spen (Kim Leadbeater) promoted that amendment.

I also welcome the commitment to bring forward amendments in the Lords relating to the amendments tabled by the hon. Member for Brigg and Goole (Andrew Percy) and the right hon. and learned Member for Kenilworth and Southam—I think those amendments are on the amendment paper but it is difficult to tell. It is important that the onus on platforms to be subject to regulation should be based not on size and functionality but on risk of harm. I look forward to seeing those amendments when they come back from the other place. We all know that the smallest platforms can present the greatest risk. The killing of 51 people in the mosques in Christchurch, New Zealand is probably the most egregious example, as the individual concerned had been on 8chan before committing that crime.

I am speaking to amendments 156 and 157 in my name and in the names of other hon. and right hon. Members. These amendments would address the issue of anonymous abuse. I think we all accept that anonymity is hugely important, particularly to vulnerable groups such as victims of domestic violence, victims of child abuse and whistleblowers. We want to retain anonymity for a whole range of groups and, in framing these amendments, I was very conscious of our total commitment to doing so.

Equally, freedom of speech is very important, as the right hon. Member for Haltemprice and Howden (Mr Davis) said, but freedom of speech has never meant freedom to harm, which is not a right this House should promote. It is difficult to define, and it is difficult to get the parameters correct, but we should not think that freedom of speech is an absolute right without constraints.