Online Safety Bill

Ian Paisley Excerpts

Consideration of Lords amendments
Tuesday 12th September 2023 Commons Chamber

[Miriam Cates]

My hon. Friend is completely right. The impact of not taking responsibility for protecting children has to go to the very top.

Lords amendment 105 would compel Ofcom to submit its draft codes of practice within 18 months. That is an improvement on the previously lax timescale, which I welcome—along with the other significant improvements that have been made—and I repeat my gratitude to the Minister and the Secretary of State. Let us not pretend, however, that on Royal Assent our children will suddenly be safe from online pornography or any other online harms. There are serious questions to be asked about Ofcom’s capabilities to enforce against non-compliant porn sites, and I think we should look again at part 3 of the Digital Economy Act 2017, which would have allowed the British Board of Film Classification to act as the regulator.

[Ian Paisley (North Antrim) (DUP)]

I congratulate the hon. Lady on the excellent efforts she has made over a long period to highlight these matters. Does she agree that this is not the end but only the beginning of the first days of ensuring that we have proper digital access protection for not only children but adults who have access to digital devices?

[Miriam Cates]

I thank the hon. Gentleman for his support. What he says is entirely correct.

The key to this does, of course, lie in the implementation. One of the capabilities of the BBFC is to disrupt the business model and the payment provision of the adult online industry. I ask the Minister to consider whether he can direct Ofcom to examine the way in which the BBFC deals with offline and streamed pornography, and whether Ofcom could learn some lessons from that. There is still a disparity between the kind of pornography that is allowed offline, on DVD or streamed services, and the kind that appears online. Offline, certain acts are illegal and the BBFC will not classify the content: any act that looks non-consensual, for example, is illegal and the material cannot be distributed, whereas online it proliferates.

The Bill should have been the perfect vehicle to expand those rules to all online services offering pornographic content. Sadly, we have missed that opportunity, but I nevertheless welcome the Government’s recently announced porn review. I hope it can be used to close the online/offline gap, to insert verification checks for people appearing in pornographic videos and to deal with related offences. Many of those people did not consent and do not know that they are in the videos.

We also need to take account of the complete lack of moderation on some of the sites. It was recently revealed in a court case in the United States that 700,000 Pornhub sites had been flagged for illegal content, but had not been checked. Pornhub has managed to check just 50 videos a day, and has acknowledged that unless a video has been flagged more than 15 times for potential criminal content, such as child rape, it will not even join the queue to be moderated and potentially taken down. The children and the trafficked women who appear in those videos are seeing their abuse repeated millions of times with no ability to pull it down.

The Bill has been controversial, and many of the arguments have concerned issues of free speech. I am a supporter of free speech, but violent pornography is not free speech. Drawing children into addiction is not free speech. Knowingly allowing children to view horrific sex crimes is not free speech. Publishing and profiting from videos of children being raped is not free speech. It is sickening, it is evil, it is destructive and it is a crime, and it is a crime from which too many profit with impunity. A third of the internet consists of pornography. The global porn industry’s revenue is estimated to be as much as $97 billion. The Bill is an important step forward, but we would be naive to expect this Goliath of an industry to roll over and keep children safe. There is much more to be done which will require international co-operation, co-operation from financial institutions, and Governments who are prepared to stand their ground against the might of these vested interests. I very much hope that this one will.

--- Later in debate ---

[Ian Paisley]

I thank the Minister for engaging with us on access to private property and for setting up, with his officials, a consultation on the right to access a person’s phone after they are deceased or incapacitated. I thank him for incorporating some of those thoughts in what he and the Government are doing today. I hope this is the start of something and that these big digital companies will no longer be able to bully people. The boot will be on the other foot, and the public will own what they have on their digital devices.

[Paul Scully]

The hon. Gentleman is talking about the access of coroners, families and others to information, following the sad death of Molly Russell. Again, I pay tribute to Ian Russell and all the campaigners. I am glad that we have been able to find an answer to a very complex situation, not only because of its international nature but because of data protection, et cetera.

The measures I have outlined will ensure that risks relating to security vulnerabilities are managed. The Bill is also clear that Ofcom cannot require companies to use proactive technology on privately communicated content, in order to comply with their safety duties, which will provide further safeguards for user privacy and data security.