All 3 John Hayes contributions to the Online Safety Act 2023

Read Bill Ministerial Extracts

Tue 19th Apr 2022
Online Safety Bill
Commons Chamber

2nd reading & 2nd reading
Tue 17th Jan 2023
Tue 12th Sep 2023
Online Safety Bill
Commons Chamber

Consideration of Lords amendments

Online Safety Bill

John Hayes Excerpts
2nd reading
Tuesday 19th April 2022

(2 years, 7 months ago)

Commons Chamber
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Nadine Dorries Portrait Ms Dorries
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I will take just two more interventions and that will be it, otherwise people will not have a chance to speak.

John Hayes Portrait Sir John Hayes (South Holland and The Deepings) (Con)
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I am very grateful to my right hon. Friend for giving way. The internet giants that run the kind of awful practices that she has described have for too long been unaccountable, uncaring and unconscionable in the way they have fuelled every kind of spite and fed every kind of bigotry. Will she go further in this Bill and ensure that, rather like any other publisher, if those companies are prepared to allow anonymous posts, they are held accountable for those posts and subject to the legal constraints that a broadcaster or newspaper would face?

Nadine Dorries Portrait Ms Dorries
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These online giants will be held accountable to their own terms and conditions. They will be unable any longer to allow illegal content to be published, and we will also be listing in secondary legislation offences that will be legal but harmful. We will be holding those tech giants to account.

Online Safety Bill

John Hayes Excerpts
Alex Davies-Jones Portrait Alex Davies-Jones
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No, I will not. I need to make progress; we have a lot to cover and a lot of amendments, as I have outlined.

Under the terms of the Bill, platforms can issue whatever minimum standards they wish and then simply change them at will overnight. In tabling new clause 4, our intention is to ensure that the platforms are not able to avoid safety duties by changing their terms and conditions. As I have said, this group of amendments will give Ofcom the relevant teeth to act and keep everybody safe online.

We all recognise that there will be a learning curve for everyone involved once the legislation is enacted. We want to get that right, and the new clauses will ensure that platforms have specific duties to keep us safe. That is an important point, and I will continue to make it clear at every opportunity, because the platforms and providers have, for far too long, got away with zero regulation—nothing whatsoever—and enough is enough.

During the last Report stage, I made it clear that Labour considers individual liability essential to ensuring that online safety is taken seriously by online platforms. We have been calling for stronger criminal sanctions for months, and although we welcome some movement from the Government on that issue today, enforcement is now ultimately a narrower set of measures because the Government gutted much of the Bill before Christmas. That last minute U-turn is another one to add to a long list, but to be frank, very little surprises me when it comes to this Government’s approach to law-making.

John Hayes Portrait Sir John Hayes (South Holland and The Deepings) (Con)
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I have to say to the hon. Lady that to describe it as a U-turn is not reasonable. The Government have interacted regularly with those who, like her, want to strengthen the Bill. There has been proper engagement and constructive conversation, and the Government have been persuaded by those who have made a similar case to the one she is making now. I think that warrants credit, rather than criticism.

Alex Davies-Jones Portrait Alex Davies-Jones
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I completely disagree with the right hon. Member, because we voted on this exact amendment before Christmas in the previous Report stage. It was tabled in the name of my right hon. Friend the Member for Barking (Dame Margaret Hodge), and it was turned down. It was word for word exactly the same amendment. If this is not anything but a U-turn, what is it?

I am pleased to support a number of important amendments in the names of the hon. Members for Aberdeen North (Kirsty Blackman) and for Ochil and South Perthshire (John Nicolson). In particular, I draw colleagues’ attention to new clause 3, which would improve the child empowerment duties in the Bill. The Government may think they are talking a good game on child safety, but it is clear to us all that some alarming gaps remain. The new clause would go some way to ensuring that the systems and processes behind platforms will go further in keeping children safe online.

In addition, we are pleased, as I have mentioned, to support amendment 43, which calls for the so-called safety toggle feature to be turned on by default. When the Government removed the clause relating to legal but harmful content in Committee, they instead introduced a requirement for platforms to give users the tools to reduce the likelihood of certain content appearing on their feeds. We have serious concerns about whether this approach is even workable, but if it is the route that the Government wish to take, we feel that these tools should at least be turned on by default.

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I hope to see further work on this Bill in the other place to ensure that vulnerable adults are given the protection that they deserve. That was Joe’s parting wish in the letter that he left to his family—that what happened to him would not happen to others. Let us not lose this opportunity. Let us improve the Bill. The other place has a vital role to play in ensuring that the Bill improves and protects everybody.
John Hayes Portrait Sir John Hayes (South Holland and The Deepings) (Con)
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One of the most noticeable changes in my lifetime has been the disheartening debasement of public discourse. The internet—a place for posturing, preening and posing, but rarely for genuine discussion or measured debate—must take much of the blame for that transformative decline, but, while the coarsening of the national conversation is among the most obvious examples of the harm being done by the internet, it is merely the tip of a very dangerous iceberg.

Beyond every superficial banality lurks a growing crisis of depression, decay, misery and malaise, of self-doubt and self-harm, all facilitated by tech companies that profit from exploiting insecurities, doubts and fears. Such companies do not exist simply to facilitate communication; rather, they control and manipulate virtual interaction in ways that play on innate fears.

The social media conglomerates’ entire business model relies on ruthlessly exploiting vast quantities of data harvested from their users. Driven by nothing beyond profit and growth, they have abandoned any notion of duty of care, because their business model depends on monetarising information with little regard to how it is generated or how it is used, even when that puts children at deadly risk.

Perhaps that wilful ignorance is why social media consistently fails to police videos advertising and glamorising illegal channel crossings. The 1,400 minors accompanying the nearly 50,000 crossings last year had their images placed on the internet as poster children for that despicable trade. I am delighted that the work done by my hon. Friend the Member for Dover (Mrs Elphicke), and her amendment 82, now wisely accepted by the Government, will begin to address that particular wickedness. The amendment will wipe such material from the internet, requiring social media companies to face up to their responsibilities in plying this evil trade.

If drafted correctly, this Bill is an opportunity for Britain to lead the way in curbing the specious, sinister, spiteful excesses of the internet age. For all their virtue signalling, the tech giants’ lack of action speaks louder than words. Whether it is facilitating the promotion of deadly channel crossings or the day-to-day damage done to the mental health of Britain’s young people, let us be under no illusion: those at the top know exactly the harm they wreak.

Whistleblowing leaks by Frances Haugen last year revealed Mr Zuckerberg’s Meta as a company fully aware of the damage it does to the mental health of young people. In the face of its inaction, new clause 2, tabled by my hon. Friends the Members for Stone (Sir William Cash) and for Penistone and Stocksbridge (Miriam Cates), whom I was pleased and proud to support in doing so, makes tech directors personally legally liable for breaches of their child safety duties. No longer will those senior managers be able to wash their hands of the harm they do, and no longer will they be able to perpetuate those sinister algorithms, which, rather than merely reflecting harm, cause harm.

Strengthening the powers of Ofcom to enforce those duties will ensure that the buck stops with tech management. Like the American frontier of legend, the virtual world of the internet can be tamed—the beast can be caged—but, as GK Chesterton said:

“Unless a man becomes the enemy of an evil, he will not even become its slave but rather its champion.”

The greedy, careless tech conglomerates cannot be trusted to check themselves. This Bill is a welcome start, but in time to come, as the social media beast writhes and breathes, Parliament will need to take whatever action is necessary to protect our citizens by quenching its fearful fire. fearful fire.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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First and foremost, as we approach the remaining stages of this Bill, we must remember its importance. As MPs, we hear stories of the dangers of online harms that some would not believe. I think it is fair to say that those of my generation were very fortunate to grow up in a world where social media did not exist; as I just said to my hon. Friend the Member for South Antrim (Paul Girvan) a few minutes ago, I am really glad I did not have to go through that. Social media is so accessible nowadays and children are being socialised in that environment, so it is imperative that we do all we can to ensure that they are protected and looked after.

I will take a moment to discuss the importance of new clause 2. There are many ongoing discussions about where the responsibility lies when it comes to the regulation of online harms, but new clause 2 ultimately would make it an offence for service providers not to comply with their safety duties in protecting children.

The hon. Member for Penistone and Stocksbridge (Miriam Cates) has described the world of social media as

“a modern Wild West, a lawless and predatory environment”—

how true those words are. I put on record my thanks to her and to the hon. Member for Stone (Sir William Cash) for all their endeavours to deliver change—they have both been successful, and I say well done to them.

Some 3,500 online child sexual offences are recorded by the police every month. Every month, 1.4 million UK children access online porn, the majority of which is degrading, abusive and violent. As drafted, the Bill would not hold tech bosses individually liable for their own failure in child and public safety. New clause 2 must be supported, and I am very pleased that the Government are minded to accept it.

Fines are simply not enough. If we fail to address that in the Bill, this House will be liable, because senior tech bosses seem not to be. I am minded, as is my party, to support the official Opposition’s new clause 4, “Safety duties protecting adults and society: minimum standards for terms of service”.

New clause 8 is also important. Over the last couple of years, my office has received numerous stories from parents who have witnessed their children deal with the consequences of what an eating disorder can do. I have a very close friend whose 16-year-old daughter is experiencing that at the moment. It is very hard on the family. Social media pages are just brutal. I have heard of TikTok pages glorifying bulimia and anorexia, and Instagram pages providing tips for self-harm—that is horrendous. It is important that we do not pick and choose what forms of harm are written into the Bill. It is not fair that some forms of harm are addressed under the Bill or referred to Ofcom while others are just ignored.

Communication and engagement with third-party stakeholders is the way to tackle and deal with this matter. Let us take, for example, a social media page that was started to comment on eating disorders and is generally unsafe and unhelpful to young people who are struggling. Such a page should be flagged to healthcare professionals, including GPs and nurses, who know best. If we can do that through the Bill, it would be a step in the right direction. On balance, we argue that harmful content should be reserved for regulations, which should be informed by proper stakeholder engagement.

I will touch briefly on new clause 3, which would require providers to include features that child users may use or apply if they wish to increase their control over harmful content. Such features are currently restricted to adults. Although we understand the need to empower young people to be responsible and knowledgeable for the decisions they make, we recognise the value of targeting such a duty at adults, many of whom hold their parental responsibilities very close to their hearts. More often than not, that is just as important as regulation.

To conclude, we have seen too many suicides and too much danger emerge from online and social media. Social media has the potential to be an educational and accessible space for all, including young people. However, there must be safety precautions for the sake of young people, who can very easily fall into traps, as we are all aware. In my constituency, we have had a spate of suicides among young people—it seems to be in a clique of friends, and that really worries me. This is all about regulation, and ensuring that harmful content is dealt with and removed, and that correct and informed individuals are making the decisions about what is and is not safe. I have faith that the Minister, the Government and the Bill will address the outstanding issues. The Bill will not stop every online evil, but it will, as the right hon. and learned Member for Kenilworth and Southam (Sir Jeremy Wright) said, make being online safer. If the Bill does that, we can support it, because that would be truly good news.

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Lia Nici Portrait Lia Nici
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My hon. Friend is correct. Often, senior managers are high-profile individuals with PR budgets that are probably larger than those of many countries. If we think about fines, they would just put those fines into their business plans, so fines would not effect a cultural change, as my hon. Friend the Member for Penistone and Stocksbridge has said on many occasions. We need cultural change to ensure that companies say, “What are we doing to make sure that children are being protected?” That is why I wholeheartedly support the new clause.

I also thank the Secretary of State, Ministers and officials, who have talked through issues with Back Benchers and taken them seriously. That means that we are where we need to be, which is fantastic. As a child of the 1970s and a parent, I never envisaged that we would have to be having these kinds of conversations with our children about what they are coming across: “Mum, what is this? Should I go and find a needle to inject this into myself?”. That is the kind of horrifying content that parents and teachers come across. Schools do a fantastic job with their digital footprint training to ensure that we can start to have such conversations.

John Hayes Portrait Sir John Hayes
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The opponents of our cause claim that we are curbing freedom, but in fact, it is not freedom that these people offer. They turn their addicts into the slaves of cruel, callous conglomerates.

Lia Nici Portrait Lia Nici
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I absolutely agree with my right hon. Friend. If freedom means that our children become collateral damage for harmful and dangerous people, we need to have some real conversations about what freedom is all about.

Thankfully, as a child of the 1970s, my only experience was of three television channels. My hon. Friends the Members for Stone and for Penistone and Stocksbridge are like Zorro and Tonto coming to save the villagers in a wild west town where all the baddies are waiting to annihilate them. I thank them for that and I look forward to supporting the Bill all the way.

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Dean Russell Portrait Dean Russell
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My hon. Friend is absolutely right. One of the real horrors is that, as I understand it, Facebook was not going to release—I do not want to break any rules here—the content that his daughter had being viewing, to help with the process of healing.

If I may, I want to touch on another point that has not been raised today, which is the role of a future Committee. I appreciate that is not part of the Bill, but I feel strongly that this House should have a separate new Committee for the Online Safety Bill. The internet and the world of social media is changing dramatically. The metaverse is approaching very rapidly, and we are seeing the rise of virtual reality and augmented reality. Artificial intelligence is even changing the way we believe what we see online and at a rate that we cannot imagine. I have a few predictions. I anticipate that in the next few years we will probably have the first No. 1 book and song written by AI. We can now hear online fake voices and impersonations of people by AI. We will have songs and so on created in ways that fool us and fool children even more. I have no doubt that in the coming months and years we will see the rise of children suing their parents for sharing content of them when they were younger without permission. We will see a changing dynamic in the way that young people engage with new content and what they anticipate from it.

John Hayes Portrait Sir John Hayes
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My hon. Friend is making a valuable contribution to the debate, as I expected he would having discussed it with him from the very beginning. What he describes is not only the combination of heartlessness and carelessness on the part of the tech companies, but the curious marriage of an anarchic future coupled with the tyranny of their control of that future. He is absolutely right that if we are to do anything about that in this place, we need an ongoing role for a Committee of the kind he recommends.

Dean Russell Portrait Dean Russell
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I thank my right hon. Friend for those comments. I will wrap up shortly, Mr Deputy Speaker. On that point, I have said before that the use of algorithms on platforms is in my mind very similar to addictive drugs: they get people addicted and get them to change their behaviours. They get them to cut off from their friends and family, and then they direct them in ways that we would not allow if we could wrap our arms around them and stop it. But they are doing that in their own bedrooms, classrooms and playgrounds.

I applaud the work on the Bill. Yes, there are ways it could be improved and a committee that looks at ways to improve it as the dynamics of social media change will be essential. However, letting the Bill go to the other place will be a major shift forwards in protecting our young people both now and in the future.

Online Safety Bill

John Hayes Excerpts
Consideration of Lords amendments
Tuesday 12th September 2023

(1 year, 3 months ago)

Commons Chamber
Read Full debate Online Safety Act 2023 Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: Commons Consideration of Lords Amendments as at 12 September 2023 - (12 Sep 2023)
The Government listened to the views expressed in both Houses and introduced new offences in Committee that will more effectively hold technology companies to account if they fail to protect children. Ofcom will now be able to hold companies and senior managers, where they are at fault, criminally liable if the provider fails to comply with Ofcom’s enforcement notices in relation to specific child safety duties or to child sexual abuse and exploitation on their service.
John Hayes Portrait Sir John Hayes (South Holland and The Deepings) (Con)
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The Minister is setting out a powerful case for how the Government have listened to the overtures in this place and the other place. Further to the interventions from my hon. Friend the Member for Stone (Sir William Cash) and my right hon. Friend the Member for Bromsgrove (Sajid Javid), the former Culture Secretary, will the Minister be clear that the risk here is under-regulation, not over-regulation? Although the internet may be widely used by perfectly good people, the people who run internet companies are anything but daft and more likely to be dastardly.

Paul Scully Portrait Paul Scully
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This is a difficult path to tread in approaching this issue for the first time. In many ways, these are things that we should have done 10 or 15 years ago, as social media platforms and people’s engagement with them proliferated over that period. Regulation has to be done gently, but it must be done. We must act now and get it right, to ensure that we hold the big technology companies in particular to account, while also understanding the massive benefits that those technology companies and their products provide.

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Kirsty Blackman Portrait Kirsty Blackman (Aberdeen North) (SNP)
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It is a pleasure to speak during what I hope are the final stages of the Bill. Given that nearly all the Bills on which I have spoken up to now have been money Bills, this business of “coming back from the Lords” and scrutinising Lords amendments has not been part of my experience, so if I get anything wrong, I apologise.

Like other Members, I want to begin by thanking a number of people and organisations, including the Mental Health Foundation, Carnegie UK, the Internet Watch Foundation, the National Society for the Prevention of Cruelty to Children and two researchers for the SNP, Aaron Lucas and Josh Simmonds-Upton, for all their work, advice, knowledge and wisdom. I also join the hon. Members for Pontypridd (Alex Davies-Jones) and for Gosport (Dame Caroline Dinenage) in thanking the families involved for the huge amount of time and energy—and the huge amount of themselves—that they have had to pour into the process in order to secure these changes. This is the beginning of the culmination of all their hard work. It will make a difference today, and it will make a difference when the Bill is enacted. Members in all parts of the House will do what we can to continue to scrutinise its operation to ensure that it works as intended, to ensure that children are kept as safe as possible online, and to ensure that Ofcom uses these powers to persuade platforms to provide the information that they will be required to provide following the death of a child about that child’s use of social media.

The Bill is about keeping people safe. It is a different Bill from the one that began its parliamentary journey, I think, more than two years ago. I have seen various Ministers leading from the Dispatch Box during that time, but the voices around the Chamber have been consistent, from the Conservative, Labour and SNP Benches. All the Members who have spoken have agreed that we want the internet to be a safer place. I am extremely glad that the Government have made so many concessions that the Opposition parties called for. I congratulate the hon. Member for Pontypridd on the inclusion of violence against women and girls in the Bill. She championed that in Committee, and I am glad that the Government have made the change.

Another change that the Government have made relates to small high-risk platforms. Back in May or June last year I tabled amendments 80, 81 and 82, which called for that categorisation to be changed so that it was not based just on the number of users. I think it was the hon. Member for Gosport who mentioned 4chan, and I have mentioned Kiwi Farms a number of times in the Chamber. Such organisations cannot be allowed to get away with horrific, vile content that encourages violence. They cannot be allowed a lower bar just because they have a smaller number of users.

The National Risk Register produced by the Cabinet Office—great bedtime reading which I thoroughly recommend—states that both the risk and the likelihood of harm and the number of people on whom it will have an impact should be taken into account before a decision is made. It is therefore entirely sensible for the Government to take into account both the number of users, when it is a significant number, and the extremely high risk of harm caused by some of these providers.

John Hayes Portrait Sir John Hayes
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The hon. Lady is making an excellent speech, but it is critical to understand that this is not just about wickedness that would have taken place anyway but is now taking place on the internet; it is about the internet catalysing and exaggerating that wickedness, and spawning and encouraging all kinds of malevolence. We have a big responsibility in this place to regulate, control and indeed stop this, and the hon. Lady is right to emphasise that.

Kirsty Blackman Portrait Kirsty Blackman
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The right hon. Gentleman is entirely correct. Whether it involves a particularly right-wing cause or antisemitism—or, indeed, dieting content that drags people into something more radical in relation to eating disorders—the bubble mentality created by these algorithms massively increases the risk of radicalisation, and we therefore have an increased duty to protect people.

As I have said, I am pleased to see the positive changes that have been made as a result of Opposition pressure and the uncompromising efforts of those in the House of Lords, especially Baroness Kidron, who has been nothing short of tenacious. Throughout the time in which we have been discussing the Bill, I have spoken to Members of both Houses about it, and it has been very unusual to come across anyone who knows what they are talking about, and, in particular, has the incredible depth of knowledge, understanding and wisdom shown by Baroness Kidron. I was able to speak to her as someone who practically grew up on the internet—we had it at home when I was eight—but she knew far more about it than I did. I am extremely pleased that the Government have worked with her to improve the Bill, and have accepted that she has a huge breadth of knowledge. She managed to do what we did not quite manage to do in this House, although hopefully we laid the foundations.

I want to refer to a number of points that were mentioned by the Minister and are also mentioned in the letters that the Government provided relating to the Lords amendments. Algorithmic scrutiny is incredibly important, and I, along with other Members, have raised it a number of times—again, in connection with concern about radicalisation. Some organisations have been doing better things recently. For instance, someone who searches for something may begin to go down a rabbit hole. Some companies are now putting up a flag, for instance a video, suggesting that users are going down a dark hole and should look at something a bit lighter, and directing them away from the autoplaying of the more radical content. If all organisations, or at least a significant number—particularly those with high traffic—can be encouraged to take such action rather than allowing people to be driven to more extreme content, that will be a positive step.

I was pleased to hear about the upcoming researcher access report, and about the report on app stores. I asked a previous Minister about app stores a year or so ago, and the Minister said that they were not included, and that was the end of it. Given the risk that is posed by app stores, the fact that they were not categorised as user-to-user content concerned me greatly. Someone who wants to put something on an Apple app store has to jump through Apple’s hoops. The content is not owned by the app store, and the same applies to some of the material on the PlayStation store. It is owned by the person who created the content, and it is therefore user-to-user content. In some cases, it is created by one individual. There is no ongoing review of that. Age-rating is another issue: app stores choose whatever age they happen to decide is the most important. Some of the dating apps, such as match.com, have been active in that regard, and have made it clear that their platforms are not for under-16s or under-18s, while the app store has rated the content as being for a younger age than the users’ actual age. That is of concern, especially if the companies are trying to improve age-rating.

On the subject of age rating, I am pleased to see more in the Bill about age assurance and the frameworks. I am particularly pleased to see what is going to happen in relation to trying to stop children being able to access pornography. That is incredibly important but it had been missing from the Bill. I understand that Baroness Floella Benjamin has done a huge amount of work on pushing this forward and ensuring that parliamentarians are briefed on it, and I thank her for the work that she has done. Human trafficking has also been included. Again, that was something that we pushed for, and I am glad to see that it has been put on the face of the Bill.

I want to talk briefly about the review mechanisms, then I will go on to talk about end-to-end encryption. I am still concerned that the review mechanisms are not strong enough. We have pushed to have a parliamentary Committee convened, for example, to review this legislation. This is the fastest moving area of life. Things are changing so dramatically. How many people in here had even heard of ChatGPT a year and a half ago? How many people had used a virtual reality headset? How many people had accessed Rec Room of any of the other VR systems? I understand that the Government have genuinely tried their best to make the Bill as future-proof as possible, but we have no parliamentary scrutiny mechanisms written in. I am not trying to undermine the work of the Committee on this—I think it is incredibly important—but Select Committees are busy and they have no legislative power in this regard. If the Government had written in a review, that would have been incredibly helpful.

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Damian Collins Portrait Damian Collins
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The draft Bill was published in April 2021, so it is fantastic that we are now discussing its final stages after it has gone through its processes in the House of Lords. It went through pre-legislative scrutiny, then it was introduced here, committed to the Bill Committee, recommitted, came back to the House, went to the Lords and came back again. I do not think any Bill has had as much scrutiny and debate over such a long period of time as this one has had. Hon. Members have disagreed on it from time to time, but the spirit and motivation at every stage have never been political; it has been about trying to make the Bill the best it can possibly be. We have ended up with a process that has seen it get better through all its stages.

Picking up on the comments of the hon. Member for Aberdeen North (Kirsty Blackman) and others, the question of ongoing scrutiny of the regime is an important one. In the pre-legislative scrutiny Committee—the Joint Committee that I chaired—there was a recommendation that there should be a post-legislative scrutiny Committee or a new Joint Committee, perhaps for a limited period. The pre-legislative scrutiny Committee benefited enormously from being a Committee of both Houses. Baroness Kidron has rightly been mentioned by Members today and she is watching us today from the Gallery. She is keeping her scrutiny of the passage of the Bill going from her position of advantage in the Gallery.

We have discussed a number of new technologies during the Bill’s passage that were not discussed at all on Second Reading because they were not live, including the metaverse and large language models. We are reassured that the Bill is futureproof, but we will not know until we come across such things. Ongoing scrutiny of the regime, the codes of practice and Ofcom’s risk registers is more than any one Select Committee can do. The Government have previously spoken favourably of the idea of post-legislative scrutiny, and it would be good if the Minister could say whether that is still under consideration.

John Hayes Portrait Sir John Hayes
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My hon. Friend makes a powerful point, echoing the comments of Members on both sides of the House. He is absolutely right that, as well as the scale and character of internet harms, their dynamism is a feature that Governments must take seriously. The problem, it seems to me, is that the pace of technological change, in this area and in others, does not fit easily with the thoroughness of the democratic legislative process; we tend to want to do things at length, because we want to scrutinise them properly, and that takes time. How does my hon. Friend square that in his own mind, and what would he recommend to the Government?

Damian Collins Portrait Damian Collins
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The length of the process we have gone through on this Bill is a good thing, because we have ended up with probably the most comprehensive legislation in the world. We have a regulator with more power, and more power to sanction, than anywhere else. It is important to get that right.

A lot of the regulation is principle-based. It is about the regulation of user-to-user services, whereby people share things with each other through an intermediary service. Technology will develop, but those principles will underpin a lot of it. There will be specific cases where we need to think about whether the regulatory oversight works in a metaverse environment in which we are dealing with harms created by speech that has no footprint. How do we monitor and scrutinise that?

One of the hardest challenges could be making sure that companies continue to use appropriate technology to identify and mitigate harms on their platforms. The problem we have had with the regime to date is that we have relied on self-reporting from the technology companies on what is or is not possible. Indeed, the debate about end-to-end encryption is another example. The companies are saying that, if they share too much data, there is a danger that it will break encryption, but they will not say what data they gather or how they use it. For example, they will not say how they identify illegal use of their platform. Can they see the messages that people have sent after they have sent them? They will not publicly acknowledge it, and they will not say what data they gather and what triggers they could use to intervene, but the regulator will now have the right to see them. That principle of accountability and the power of the regulator to scrutinise are the two things that make me confident that this will work, but we may need to make amendments because of new things that we have not yet thought about.

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Siobhan Baillie Portrait Siobhan Baillie (Stroud) (Con)
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I rise to speak to Lords amendment 231 on visible identity verification. I will not press the amendment to a vote. I have had several discussions with Ministers and the Secretary of State, and I am grateful for their time. I will explain a little more.

The dry nature of the amendment masks the fact that the issue of identity verification—or lack of it—affects millions of people around the country. We increasingly live our lives online, so the public being able to know who is or is not a real person online is a key part of the UK being the safest the place to be on the internet, which is the Bill’s ambition. Unfortunately, too often it feels as though we have to wade through nutters, bots, fake accounts and other nasties before coming to a real person we want to hear from. The Bill takes huge steps to empower users to change that, but there is more to do.

Hon. Members will recall that I have campaigned for years to tackle anonymous abuse. I thank Stroud constituents, celebrities and parents who have brought to me sad stories that I have conveyed to the House involving abuse about the deaths of babies and children and about disabled children. That is absolutely awful.

Alongside a smart Stroud constituent and Clean Up The Internet—a fantastic organisation—we have fought and argued for social media users to have the option of being verified online; for them to be able to follow and be followed only by verified accounts, if that is what they want; and, crucially, to make it clear who is and is not verified online. People can still be Princess Unicorn if they want, but at the back end, their address and details can be held, and that will give confidence.

John Hayes Portrait Sir John Hayes
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My hon. Friend is making a powerful case. Umberto Eco, the Italian philosopher, described the internet as the empire of imbeciles, and much of social media is indeed imbecilic—but it is much worse than that. My hon. Friend is right that the internet provides a hiding place for the kind of malevolence she has described. Does she agree that the critical thing is for the Government to look again at the responsibility of those who publish this material? If it were written material, the publisher would have a legal liability. That is not true of internet companies. Is that a way forward?