Online Safety Bill

Christian Wakeford Excerpts

Report stage
Monday 5th December 2022 Commons Chamber

[Alex Davies-Jones]

We are looking at putting people on the line. It needs to be something that people actually care about. Money does not matter to these people, as we have seen with the likes of Google, Elon Musk and Mark Zuckerberg; what matters to them is actually being held to account. Money may matter to Government Members, but it will be criminal liability that causes people to sit up, listen and take responsibility.

While I am not generally in the habit of predicting the Minister’s response or indeed his motives—although my job would be a hell of a lot easier if I did—I am confident that he will try to peddle the line that it was the Government who introduced director liability for compliance failures in an earlier draft of the Bill. Let me be crystal clear in making this point, because it is important. The Bill, in its current form, makes individuals at the top of companies personally liable only when a platform fails to supply information to Ofcom, which misses the point entirely. Directors must be held personally liable when safety duties are breached. That really is quite simple, and I am confident that it would be effective in tackling harm online much more widely.

We also support new clause 28, which seeks to establish an advocacy body to represent the interests of children online. It is intended to deal with a glaring omission from the Bill, which means that children who experience online sexual abuse will receive fewer statutory user advocacy protections than users of a post office or even passengers on a bus. The Minister must know that that is wrong and, given his Government’s so-called commitment to protecting children, I hope he will carefully consider a new clause which is supported by Members on both sides of the House as well as the brilliant National Society for the Prevention of Cruelty to Children. In rejecting new clause 28, the Government would be denying vulnerable children a strong, authoritative voice to represent them directly, so I am keen to hear the Minister’s justification for doing so, if that is indeed his plan.

Members will have noted the bundle of amendments tabled by my hon. Friend the Member for Worsley and Eccles South (Barbara Keeley) relating to Labour’s concerns about the unnecessary powers to overrule Ofcom that the Bill, as currently drafted, gives the Secretary of State of the day. During Committee evidence sessions, we heard from Will Perrin of the Carnegie UK Trust, who, as Members will know, is an incredibly knowledgeable voice when it comes to internet regulation. He expressed concern about the fact that, in comparison with other regulatory frameworks such as those in place for advertising, the Bill

“goes a little too far in introducing a range of powers for the Secretary of State to interfere with Ofcom’s day-to-day doing of its business.”––[Official Report, Online Safety Public Bill Committee, 26 May 2022; c. 117.]

Labour shares that concern. Ofcom must be truly independent if it is to be an effective regulator. Surely we have to trust it to undertake logical processes, rooted in evidence, to arrive at decisions once this regime is finally up and running. It is therefore hard to understand how the Government can justify direct interference, and I hope that the Minister will seriously consider amendments 23 to 30, 32, and 35 to 41.

Before I address Labour’s main concerns about the Government’s proposed changes to the Bill, I want to record our support for new clauses 29 and 30, which seek to bring media literacy duties back into the scope of the Bill. As we all know, media literacy is the first line of defence when it comes to protecting ourselves against false information online. Prevention is always better than cure. Whether it is a question of viral conspiracy theories or Russian disinformation, Labour fears that the Government’s approach to internet regulation will create a two-tier internet, leaving some more vulnerable than others.

However, I am sorry to say that the gaps in this Bill do not stop there. I was pleased to see that my hon. Friend the Member for Rotherham (Sarah Champion) had tabled new clause 54, which asks the Government to formally consider the impact that the use of virtual private networks will have on Ofcom’s ability to enforce its powers. This touches on the issue of future-proofing, which Labour has raised repeatedly in debates on the Bill. As we have heard from a number of Members, the tech industry is evolving rapidly, with concepts such as the metaverse changing the way in which we will all interact with the internet in the future. When the Bill was first introduced, TikTok was not even a platform. I hope the Minister can reassure us that the Bill will be flexible enough to deal with those challenges head-on; after all, we have waited far too long.

That brings me to what Labour considers to be an incredible overturn by the Government relating to amendment 239, which seeks to remove the new offence of harmful communications from the Bill entirely. As Members will know, the communications offence was designed by the Law Commission with the intention of introducing a criminal threshold for the most dangerous online harms. Indeed, in Committee it was welcome to hear the then Minister—the present Minister for Crime, Policing and Fire, the right hon. Member for Croydon South (Chris Philp)—being so positive about the Government’s consultation with the commission. In relation to clause 151, which concerns the communications offences, he even said:

“The Law Commission is the expert in this kind of thing…and it is right that, by and large, we follow its expert advice in framing these offences, unless there is a very good reason not to. That is what we have done—we have followed the Law Commission’s advice, as we would be expected to do.” ––[Official Report, Online Safety Public Bill Committee, 21 June 2022; c. 558.]

Less than six months down the line, we are seeing yet another U-turn from this Government, who are doing precisely the opposite of what was promised.

Removing these communications offences from the Bill will have real-life consequences. It will mean that harmful online trends such as hoax bomb threats, abusive social media pile-ons and fake news such as encouraging people to drink bleach to cure covid will be allowed to spread online without any consequence.

[Christian Wakeford (Bury South) (Lab)]

No Jewish person should have to log online and see Hitler worship, but what we have seen in recent weeks from Kanye West has been nothing short of disgusting, from him saying “I love Hitler” to inciting online pile-ons against Jewish people, and this is magnified by the sheer number of his followers, with Jews actually being attacked on the streets in the US. Does my hon. Friend agree that the Government’s decision to drop the “legal but harmful” measures from the Bill will allow this deeply offensive and troubling behaviour to continue?

[Alex Davies-Jones]

I thank my hon. Friend for that important and powerful intervention. Let us be clear: everything that Kanye West said online is completely abhorrent and has no place in our society. It is not for any of us to glorify Hitler and his comments or praise him for the work he did; that is absolutely abhorrent and it should never be online. Sadly, however, that is exactly the type of legal but harmful content that will now be allowed to proliferate online because of the Government’s swathes of changes to the Bill, meaning that that would be allowed to be seen by everybody. Kanye West has 30 million followers online. His followers will be able to look at, share, research and glorify that content without any consequence to that content being freely available online.