Online Safety Act 2023: Repeal Debate
Full Debate: Read Full DebateJohn Hayes
Main Page: John Hayes (Conservative - South Holland and The Deepings)Department Debates - View all John Hayes's debates with the Department for Digital, Culture, Media & Sport
(1 day, 22 hours ago)
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It is a pleasure to serve under your chairmanship, Sir John, not least because it means that you cannot speak. I think you would happily take up a good hour of the debate talking about the perils and ills of the internet, and how it needs to be shut down, so that is probably for the best.
I congratulate the hon. Member for Sunderland Central (Lewis Atkinson) on introducing the debate. He made a particularly excellent contribution to last week’s petition debate on mandatory digital identification; although his party’s leadership may not have thanked him, I am sure his constituents did. He is right that the internet allows unprecedented connection, which is for good, but also for ill. Our job is to balance that inherent tension, while recognising that sometimes there is no balance to be found and that we have to make a choice when it comes to children being served a toxic online diet of extreme content.
When we were in government, that choice was the Online Safety Act, about which thousands of petitioners have raised concerns, believing that its breadth and scope are having too restrictive an effect. I have some sympathy with those concerns, because the Act is large and very complex; although it is proving effective in protecting children in many ways, the implementation undoubtedly comes with challenges, whether that is VPN usage or the inadvertent capturing of no to low-risk sites in compliance duties.
Tom Collins
The Minister describes the review of the Act and how we have a rapidly growing list of potential harms. It strikes me that we are up against a very agile and rapidly developing world. I recently visited the BBC Blue Room and saw the leading edge of consumer-available technology, and it was quite disturbing to see the capabilities that are coming online soon. In the review of the Act, is there scope to move from a register of harms into perhaps domains of safety, such as trauma, addiction or attachment, where the obligation would be on service providers or manufacturers to ensure their products were safe across those domains? Once again, there could be security for smaller businesses available from the world of technical standards, where if a business is offering a simple service and meets an industry-developed standard, they have presumption of compliance. The British Standards Institution has demonstrated very rapid development of that through the publicly available specification system, and that is available to help us to navigate this rapidly. Could that be in scope?
Sir John, you are indeed very kind. My hon. Friend gave two examples during his speech. First, he mentioned brakes that were available only for high-end and expensive cars, and are now on all cars. Secondly, he mentioned building regulations, and how we would not build a balcony without a barrier. Those examples seem fairly obvious and almost flippant, but it seems strange that we would regulate heavily to make sure that people are safe physically—nobody would ever argue that it would be a complete disregard of people’s freedom to have a barrier on an 18th-floor balcony—but not online. We do that to keep people safe, and particularly to keep children safe. As my hon. Friend said, if we are keeping adults safe, we are ultimately keeping children safe too.
We have to continue to monitor and evaluate. I was just about to come on to the post-implementation review of the Act, which I am sure my hon. Friend will be very keen to have an input into. The Secretary of State must complete a review of the online safety regime two to five years after part 3 of the Act, which is about duties of care, fully comes into force. The review will therefore be completed no sooner than 2029. These are long timescales, of course, and technology is moving, so I understand the point that he is making. I recall that in the Parliament from 2010 to 2015, we regulated for the telephone, so we move slowly, although we understand that we also have to be nimble to legislate.
The Lib Dem spokesperson, the hon. Member for Harpenden and Berkhamsted, asked whether the Act has gone far enough. Ofcom, the regulator, is taking an iterative approach and will strengthen codes of practice as online harms, technology and the evidence evolve. We are already making improvements, for example strengthening the law to tackle self-harm, cyber-flashing and strangulation. The hon. Lady also asked whether Ofcom has received an increase in resources. It has—Ofcom spending has increased by nearly 30% in the past year, in recognition of its increased responsibilities. She also asked about a digital age of consent. As I mentioned, we have signed a memorandum of understanding with Australia and will engage with Australia to understand its approach. Any action will be based, of course, on robust evidence.