Digital, Culture, Media and Sport Committee

Joanna Cherry Excerpts

Thursday 27th January 2022 Commons Chamber

[Julian Knight]

I thank my right hon. and learned Friend, and I do concur in that respect. We have waited a very long time for this Bill, and we have to get it right. I think we have waited too long for the Bill, but that is the past—that is done. What we cannot do now is rush things to such an extent that we cannot take everyone’s views on board, and therefore I would concur. Basically, this has to be a structure that survives, potentially for decades to come, and is built on as we see challenges going forward, so I concur with my right hon. and learned Friend.

[Joanna Cherry (Edinburgh South West) (SNP)]

I thank the hon. Gentleman for his statement. I am very glad to hear him acknowledge the importance of protecting freedom of expression, but there is also the issue of anti-discrimination law. On a number of occasions in this Chamber, I have raised the problem that Twitter’s hateful conduct policy and its moderation policy often discriminate against women by taking down women’s tweets when they state biological facts and failing to take down abusive and violent tweets directed at women. The reason for that being that Twitter does not have sex as a protected characteristic in its hateful conduct policy. This was raised by the Joint Committee on Human Rights in a report a couple of years ago, in which we recommended that Twitter should include sex as a protected characteristic in its hateful conduct policy.

From my inquiries, it seems that Twitter thinks it is above the domestic law of the United Kingdom when it comes to anti-discrimination law, and it seems to be praying in aid a loophole in the Equality Act 2010. I am not sure it is right about that legally, but does the hon. Gentleman agree with me that, if there is a loophole in the Equality Act that is letting Twitter off the hook when it comes to our anti-discrimination law, the Online Safety Bill would be a good opportunity to close that loophole, so that Twitter and other service providers are all subject to the anti-discrimination law of the United Kingdom?

[Julian Knight]

I thank the hon. and learned Lady for her comments, and I have a great deal of sympathy for what she says. I am well aware that she receives unwarranted and vile abuse at times for expressing her views, and I think that is abhorrent in many respects. It highlights in many regards the point I made earlier about the social media companies being their own editors-in-chief and effectively having their own content policies. That will be the case going forward, but there needs to be oversight of those so that they are compliant with the new law as it stands. One of our recommendations is:

“We have proposed several amendments to the definition and scope of harms covered by the regime that would bring the Bill into line with the UK’s obligations to freedom of expression under international human rights law.”

I hope that that recommendation would cover many of the aspects to which the hon. and learned Lady is referring.