Online Safety Bill
Debate between John McDonnell and Paul ScullyMonday 5th December 2022
(1 year, 11 months ago)
Commons ChamberRead Full debate Online Safety Act 2023 View all Online Safety Act 2023 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 5 December 2022 - (5 Dec 2022)
Paul Scully
I understand. We are ahead of the Lords on publication, so yes is the answer.
I have two very quick points for my right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright). He was right to speak about acting with humility. We will bring forward amendments for recommittal to amend the approach for category 1 designation—not just the smaller companies that he was talking about, but companies that are pushing that barrier to get to category 1. I very much get his view that the process could be delayed unduly, and we want to make sure that we do not get the unintended consequences that he describes. I look forward to working with him to get the changes to the Bill to work exactly as he describes.
Finally, let me go back to the point that my right hon. Friend the Member for Haltemprice and Howden made about encrypted communications. We are not talking about banning end-to-end encryption or about breaking encryption—for the reasons set out about open banking and other areas. The amendment would leave Ofcom powerless to protect thousands of children and could leave unregulated spaces online for offenders to act, and we cannot therefore accept that.
John McDonnell
Just briefly, because I know that the Minister is about to finish, can he respond on amendment 204 with regard to the protection of journalists?
Paul Scully
I am happy to continue talking to the right hon. Gentleman, but I believe that we have enough protections in the Bill, with the human touch that we have added after the automatic flagging up of inquiries. The NCA will also have to have due regard to protecting sources. I will continue to work with him on that. ‘Online Safety Act 2022.”’—(Paul Scully.)
I have not covered everybody’s points, but this has been a very productive debate. I thank everyone for their contributions. We are really keen to get the Bill on the books and to act quickly to ensure that we can make children as safe as possible online.
Question put and agreed to.
New clause 11 accordingly read a Second time, and added to the Bill.
New Clause 12
Warning notices
‘(1) OFCOM may give a notice under section (Notices to deal with terrorism content or CSEA content (or both))(1) to a provider relating to a service or part of a service only after giving a warning notice to the provider that they intend to give such a notice relating to that service or that part of it.
(2) A warning notice under subsection (1) relating to the use of accredited technology (see section (Notices to deal with terrorism content or CSEA content (or both))(2)(a) and (3)(a)) must—
(a) contain details of the technology that OFCOM are considering requiring the provider to use,
(b) specify whether the technology is to be required in relation to terrorism content or CSEA content (or both),
(c) specify any other requirements that OFCOM are considering imposing (see section 106(2) to (4)),
(d) specify the period for which OFCOM are considering imposing the requirements (see section 106(6)),
(e) state that the provider may make representations to OFCOM (with any supporting evidence), and
(f) specify the period within which representations may be made.
(3) A warning notice under subsection (1) relating to the development or sourcing of technology (see section (Notices to deal with terrorism content or CSEA content (or both))(2)(b) and (3)(b)) must—
(a) describe the proposed purpose for which the technology must be developed or sourced (see section (Notices to deal with terrorism content or CSEA content (or both))(2)(a)(iii) and (iv) and (3)(a)(ii)),
(b) specify steps that OFCOM consider the provider needs to take in order to comply with the requirement described in section (Notices to deal with terrorism content or CSEA content (or both))(2)(b) or (3)(b), or both those requirements (as the case may be),
(c) specify the proposed period within which the provider must take each of those steps,
(d) specify any other requirements that OFCOM are considering imposing,
(e) state that the provider may make representations to OFCOM (with any supporting evidence), and
(f) specify the period within which representations may be made.
(4) A notice under section (Notices to deal with terrorism content or CSEA content (or both))(1) that relates to both the user-to-user part of a combined service and the search engine of the service (as described in section (Notices to deal with terrorism content or CSEA content (or both))(4)(c) or (d)) may be given to the provider of the service only if—
(a) two separate warning notices have been given to the provider (one relating to the user-to-user part of the service and the other relating to the search engine), or
(b) a single warning notice relating to both the user-to-user part of the service and the search engine has been given to the provider.
(5) A notice under section (Notices to deal with terrorism content or CSEA content (or both))(1) may not be given to a provider until the period allowed by the warning notice for the provider to make representations has expired.’—(Paul Scully.)
This clause, which would follow NC11, also replaces part of existing clause 104. There are additions to the warning notice procedure to take account of the new options for notices under NC11.
Brought up, read the First and Second time, and added to the Bill.
New Clause 20
OFCOM’s reports about news publisher content and journalistic content
‘(1) OFCOM must produce and publish a report assessing the impact of the regulatory framework provided for in this Act on the availability and treatment of news publisher content and journalistic content on Category 1 services (and in this section, references to a report are to a report described in this subsection).
(2) Unless the Secretary of State requires the production of a further report (see subsection (6)), the requirement in subsection (1) is met by producing and publishing one report within the period of two years beginning with the day on which sections (Duties to protect news publisher content) and 16 come into force (or if those sections come into force on different days, the period of two years beginning with the later of those days).
(3) A report must, in particular, consider how effective the duties to protect such content set out in sections (Duties to protect news publisher content) and 16 are at protecting it.
(4) In preparing a report, OFCOM must consult—
(a) persons who represent recognised news publishers,
(b) persons who appear to OFCOM to represent creators of journalistic content,
(c) persons who appear to OFCOM to represent providers of Category 1 services, and
(d) such other persons as OFCOM consider appropriate.
(5) OFCOM must send a copy of a report to the Secretary of State, and the Secretary of State must lay it before Parliament.
(6) The Secretary of State may require OFCOM to produce and publish a further report if the Secretary of State considers that the regulatory framework provided for in this Act is, or may be, having a detrimental effect on the availability and treatment of news publisher content or journalistic content on Category 1 services.
(7) But such a requirement may not be imposed—
(a) within the period of three years beginning with the date on which the first report is published, or
(b) more frequently than once every three years.
(8) For further provision about reports under this section, see section 138.
(9) In this section—
“journalistic content” has the meaning given by section 16;
“news publisher content” has the meaning given by section 49;
“recognised news publisher” has the meaning given by section 50.
(10) For the meaning of “Category 1 service”, see section 82 (register of categories of services).’—(Paul Scully.)
This inserts a new clause (after clause 135) which requires Ofcom to publish a report on the impact of the regulatory framework provided for in the Bill within two years of the relevant provisions coming into force. It also allows the Secretary of State to require Ofcom to produce further reports.
Brought up, read the First and Second time, and added to the Bill.
New Clause 40
Amendment of Enterprise Act 2002
‘In Schedule 15 to the Enterprise Act 2002 (enactments relevant to provisions about disclosure of information), at the appropriate place insert—
This amendment has the effect that the information gateway in section 241 of the Enterprise Act 2002 allows disclosure of certain kinds of information by a public authority (such as the Competition and Markets Authority) to OFCOM for the purposes of OFCOM’s functions under this Bill.
Brought up, read the First and Second time, and added to the Bill.
New Clause 42
Former providers of regulated services
‘(1) A power conferred by Chapter 6 of Part 7 (enforcement powers) to give a notice to a provider of a regulated service is to be read as including power to give a notice to a person who was, at the relevant time, a provider of such a service but who has ceased to be a provider of such a service (and that Chapter and Schedules 13 and 15 are to be read accordingly).
(2) “The relevant time” means—
(a) the time of the failure to which the notice relates, or
(b) in the case of a notice which relates to the requirement in section 90(1) to co-operate with an investigation, the time of the failure or possible failure to which the investigation relates.’—(Paul Scully.)
This new clause, which is intended to be inserted after clause 162, provides that a notice that may be given under Chapter 6 of Part 7 to a provider of a regulated service may also be given to a former provider of a regulated service.
Brought up, read the First and Second time, and added to the Bill.
New Clause 43
Amendments of Part 4B of the Communications Act
‘Schedule (Amendments of Part 4B of the Communications Act) contains amendments of Part 4B of the Communications Act.’—(Paul Scully.)
This new clause introduces a new Schedule amending Part 4B of the Communications Act 2003 (see NS2).
Brought up, read the First and Second time, and added to the Bill.
New Clause 44
Repeal of Part 4B of the Communications Act: transitional provision etc
‘(1) Schedule (Video-sharing platform services: transitional provision etc) contains transitional, transitory and saving provision—
(a) about the application of this Act and Part 4B of the Communications Act during a period before the repeal of Part 4B of the Communications Act (or, in the case of Part 3 of Schedule (Video-sharing platform services: transitional provision etc), in respect of charging years as mentioned in that Part);
(b) in connection with the repeal of Part 4B of the Communications Act.
(2) The Secretary of State may by regulations make transitional, transitory or saving provision of the kind mentioned in subsection (1)(a) and (b).
(3) Regulations under subsection (2) may amend or repeal—
(a) Part 2A of Schedule3;
(b) Schedule (Video-sharing platform services: transitional provision etc).
(4) Regulations under subsection (2) may, in particular, make provision about—
(a) the application of Schedule (Video-sharing platform services: transitional provision etc) in relation to a service if the transitional period in relation to that service ends on a date before the date when section 172 comes into force;
(b) the application of Part 3 of Schedule (Video-sharing platform services: transitional provision etc), including further provision about the calculation of a provider’s non-Part 4B qualifying worldwide revenue for the purposes of paragraph 19 of that Schedule;
(c) the application of Schedule 10 (recovery of OFCOM’s initial costs), and in particular how fees chargeable under that Schedule may be calculated, in respect of charging years to which Part 3 of Schedule (Video-sharing platform services: transitional provision etc) relates.’—(Paul Scully.)
This new clause introduces a new Schedule containing transitional provisions (see NS3), and provides a power for the Secretary of State to make regulations containing further transitional provisions etc.
Brought up, read the First and Second time, and added to the Bill.
New Clause 51
Publication by providers of details of enforcement action
‘(1) This section applies where—
(a) OFCOM have given a person (and not withdrawn) any of the following—
(i) a confirmation decision;
(ii) a penalty notice under section 119;
(iii) a penalty notice under section 120(5);
(iv) a penalty notice under section 121(6), and
(b) the appeal period in relation to the decision or notice has ended.
(2) OFCOM may give to the person a notice (a “publication notice”) requiring the person to—
(a) publish details describing—
(i) the failure (or failures) to which the decision or notice mentioned in subsection (1)(a) relates, and
(ii) OFCOM’s response, or
(b) otherwise notify users of the service to which the decision or notice mentioned in subsection (1)(a) relates of those details.
(3) A publication notice may require a person to publish details under subsection (2)(a) or give notification of details under subsection (2)(b) or both.
(4) A publication notice must—
(a) specify the decision or notice mentioned in subsection (1)(a) to which it relates,
(b) specify or describe the details that must be published or notified,
(c) specify the form and manner in which the details must be published or notified,
(d) specify a date by which the details must be published or notified, and
(e) contain information about the consequences of not complying with the notice.
(5) Where a publication notice requires a person to publish details under subsection (2)(a) the notice may also specify a period during which publication in the specified form and manner must continue.
(6) Where a publication notice requires a person to give notification of details under subsection (2)(b) the notice may only require that notification to be given to United Kingdom users of the service (see section 184).
(7) A publication notice may not require a person to publish or give notification of anything that, in OFCOM’s opinion—
(a) is confidential in accordance with subsections (8) and (9), or
(b) is otherwise not appropriate for publication or notification.
(8) A matter is confidential under this subsection if—
(a) it relates specifically to the affairs of a particular body, and
(b) publication or notification of that matter would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that body.
(9) A matter is confidential under this subsection if—
(a) it relates to the private affairs of an individual, and
(b) publication or notification of that matter would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that individual.
(10) A person to whom a publication notice is given has a duty to comply with it.
(11) The duty under subsection (10) is enforceable in civil proceedings by OFCOM—
(a) for an injunction,
(b) for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or
(c) for any other appropriate remedy or relief.
(12) For the purposes of subsection (1)(b) “the appeal period”, in relation to a decision or notice mentioned in subsection (1)(a), means—
(a) the period during which any appeal relating to the decision or notice may be made, or
(b) where such an appeal has been made, the period ending with the determination or withdrawal of that appeal.’—(Paul Scully.)
This new clause, which is intended to be inserted after clause 129, gives OFCOM the power to require a person to whom a confirmation decision or penalty notice has been given to publish details relating to the decision or notice or to otherwise notify service users of those details.
Brought up, read the First and Second time, and added to the Bill.
New Clause 52
Exemptions from offence under section 152
‘(1) A recognised news publisher cannot commit an offence under section 152.
(2) An offence under section 152 cannot be committed by the holder of a licence under the Broadcasting Act 1990 or 1996 in connection with anything done under the authority of the licence.
(3) An offence under section 152 cannot be committed by the holder of a multiplex licence in connection with anything done under the authority of the licence.
(4) An offence under section 152 cannot be committed by the provider of an on-demand programme service in connection with anything done in the course of providing such a service.
(5) An offence under section 152 cannot be committed in connection with the showing of a film made for cinema to members of the public.’—(Paul Scully.)
This new clause contains exemptions from the offence in clause 152 (false communications). The clause ensures that holders of certain licences are only exempt if they are acting as authorised by the licence and, in the case of Wireless Telegraphy Act licences, if they are providing a multiplex service.
Brought up, read the First and Second time, and added to the Bill.
New Clause 53
Offences of sending or showing flashing images electronically: England and Wales and Northern Ireland (No.2)
‘(1) A person (A) commits an offence if—
(a) A sends a communication by electronic means which consists of or includes flashing images (see subsection (13)),
(b) either condition 1 or condition 2 is met, and
(c) A has no reasonable excuse for sending the communication.
(2) Condition 1 is that—
(a) at the time the communication is sent, it is reasonably foreseeable that an individual with epilepsy would be among the individuals who would view it, and
(b) A sends the communication with the intention that such an individual will suffer harm as a result of viewing the flashing images.
(3) Condition 2 is that, when sending the communication—
(a) A believes that an individual (B)—
(i) whom A knows to be an individual with epilepsy, or
(ii) whom A suspects to be an individual with epilepsy,
will, or might, view it, and
(b) A intends that B will suffer harm as a result of viewing the flashing images.
(4) In subsections (2)(a) and (3)(a), references to viewing the communication are to be read as including references to viewing a subsequent communication forwarding or sharing the content of the communication.
(5) The exemptions contained in section (Exemptions from offence under section 152) apply to an offence under subsection (1) as they apply to an offence under section 152.
(6) For the purposes of subsection (1), a provider of an internet service by means of which a communication is sent is not to be regarded as a person who sends a communication.
(7) In the application of subsection (1) to a communication consisting of or including a hyperlink to other content, references to the communication are to be read as including references to content accessed directly via the hyperlink.
(8) A person (A) commits an offence if—
(a) A shows an individual (B) flashing images by means of an electronic communications device,
(b) when showing the images—
(i) A knows that B is an individual with epilepsy, or
(ii) A suspects that B is an individual with epilepsy,
(c) when showing the images, A intends that B will suffer harm as a result of viewing them, and
(d) A has no reasonable excuse for showing the images.
(9) An offence under subsection (1) or (8) cannot be committed by a healthcare professional acting in that capacity.
(10) A person who commits an offence under subsection (1) or (8) is liable—
(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
(b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both);
(c) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both).
(11) It does not matter for the purposes of this section whether flashing images may be viewed at once (for example, a GIF that plays automatically) or only after some action is performed (for example, pressing play).
(12) In this section—
(a) references to sending a communication include references to causing a communication to be sent;
(b) references to showing flashing images include references to causing flashing images to be shown.
(13) In this section—
“electronic communications device” means equipment or a device that is capable of transmitting images by electronic means;
“flashing images” means images which carry a risk that an individual with photosensitive epilepsy who viewed them would suffer a seizure as a result;
“harm” means—
(a) a seizure, or
(b) alarm or distress;
“individual with epilepsy” includes, but is not limited to, an individual with photosensitive epilepsy;
“send” includes transmit and publish (and related expressions are to be read accordingly).
(14) This section extends to England and Wales and Northern Ireland.’—(Paul Scully.)
This new clause creates (for England and Wales and Northern Ireland) a new offence of what is sometimes known as “epilepsy trolling” - sending or showing flashing images electronically to people with epilepsy intending to cause them harm.
Brought up, read the First and Second time, and added to the Bill.
New Clause 16
Communication offence for encouraging or assisting self-harm
‘(1) In the Suicide Act 1961, after section 3 insert—
“3A Communication offence for encouraging or assisting self-harm
(1) A person (“D”) commits an offence if—
(a) D sends a message,
(b) the message encourages or could be used to assist another person (“P”) to inflict serious physical harm upon themselves, and
(c) D’s act was intended to encourage or assist the infliction of serious physical harm.
(2) The person referred to in subsection (1)(b) need not be a specific person (or class of persons) known to, or identified by, D.
(3) D may commit an offence under this section whether or not any person causes serious physical harm to themselves, or attempts to do so.
(4) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine, or both;
(b) on indictment, to imprisonment for a term not exceeding 5 years, or a fine, or both.
(5) “Serious physical harm” means serious injury amounting to grievous bodily harm within the meaning of the Offences Against the Person Act 1861.
(6) No proceedings shall be instituted for an offence under this section except by or with the consent of the Director of Public Prosecutions.
(7) If D arranges for a person (“D2”) to do an Act and D2 does that Act, D is also to be treated as having done that Act for the purposes of subsection (1).
(8) In proceedings for an offence to which this section applies, it shall be a defence for D to prove that—
(a) P had expressed intention to inflict serious physical harm upon themselves prior to them receiving the message from D; and
(b) P’s intention to inflict serious physical harm upon themselves was not initiated by D; and
(c) the message was wholly motivated by compassion towards D or to promote the interests of P’s health or wellbeing.”’—(Mr Davis.)
This new clause would create a new communication offence for sending a message encouraging or assisting another person to self-harm.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
Employment Rights
Debate between John McDonnell and Paul Scully(3 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Paul Scully
I have talked about the fact that fire and rehire should not be used as a bully-boy tactic, but the hon. Gentleman talks about it as if it binary. Can he define exactly what it is? Some of the examples I have heard about over the past year would be considered traditional fire and rehire and would be the subject of this debate, while others have drifted into other areas of employment law.
We need to make sure we can continue the flexibility for employers so that they do not have to make redundancies in the first place, because clearly what would affect those employees badly is not having a job. That is why we need flexibility and dynamism, and we must have measures in place to ensure that responsible employers stick to their responsibilities for the lowest paid.
John McDonnell (Hayes and Harlington) (Lab) [V]
That is possibly one of the most mealy-mouthed, weak-kneed, ineffectual statements that I have ever heard in this House. It is a betrayal of working people. Fire and rehire commenced in my constituency with companies such as British Airways and Heathrow Airport Holdings Ltd, and it spread like a pandemic, harming my constituents. It is galling that these companies have been receiving taxpayer support through furlough, grants, loans and tax reliefs. We need legislation, not guidance that can be ignored. If the Government are to go down the guidance route, will the Minister confirm that they will insist that no grant, loan or tax relief—no taxpayer support—will go to companies that do not abide by this guidance?
Paul Scully
I am sorry that the right hon. Gentleman is not at the Dispatch Box talking about mealy-mouthed statements while throwing Chairman Mao’s little red book at me as I talk about supporting business and workers. We will strengthen the guidance. Nothing is off the table. We will clearly see what is going on. We will work with ACAS and colleagues to see how this lands and look at what happens with irresponsible employers. It should not be used as a bully-boy tactic. It is right that we have wrapped our arms around the economy with £407 billion-worth of fiscal and financial support. We now have 407 billion reasons to shape the economy, allow these businesses to survive, protect jobs and create new jobs so that we can build back better.