Online Harms

Jonathan Lord Excerpts

Wednesday 26th October 2022 Westminster Hall

[Damian Collins]

As the hon. Lady knows, I cannot speak to the business of the House. What I would say is that the Department has worked tirelessly to ensure the safe passage of the Bill. We want to see it on the Floor of the House as quickly as possible—our only objective is to ensure that that happens. I hope that the business managers will be able to confirm shortly when that will be. Obviously, the hon. Lady can raise the issue herself with the Leader of the House at the business statement tomorrow.

[Mr Jonathan Lord (Woking) (Con)]

Could the Minister address the serious issue raised my hon. Friend the Member for Hexham (Guy Opperman)? There can be no excuse for search engines to give a prominent place, or indeed any place, to fake Aviva sites—scamming sites—once those have been brought to their attention. Likewise, unacceptable scam ads for Aviva, Martin Lewis or whoever are completely avoidable if decent checks are in place. Will the Government address those issues in the Bill and in other ways?

[Damian Collins]

I am grateful to my hon. Friend. The answer is yes, absolutely. It was always the case with the Bill that illegal content, including fraud, was in scope. The question in the original draft Bill was that that did not include advertising. Advertising can be in the form of display advertising that can be seen on social media platforms; for search services, it can also be boosted search returns. Under the Bill, known frauds and scams that have been identified should not appear in advertising on regulated platforms. That change was recommended by the Joint Committee, and the Government accepted it. It is really important that that is the case, because the company should have a liability; we cannot work just on the basis that the offence has been committed by the person who has created the advert and who is running the scam. If an intermediary platform is profiting out of someone else’s illegal activity, that should not be allowed. It would be within Ofcom’s regulatory powers to identify whether that is happening and to see that platforms are taking action against it. If not, those companies will be failing in their safety duties, and they will be liable for very large fines that can be levied against them for breaching their obligations, as set out in the Online Safety Bill, which can be up to 10% of global revenues in any one year. That power will absolutely be there.

Some companies could choose to have systems in place to make it less likely that scam ads would appear on their platforms. Google has a policy under which it works with the Financial Conduct Authority and does not accept financial product advertising from organisations that are not FCA accredited. That has been quite an effective way to filter out a lot of potential scam ads before they appear. Whether companies have policies such as that, or other ways of doing these things, they will have to demonstrate to Ofcom that those are effective. [Interruption.] Does my hon. Friend the Member for Hexham (Guy Opperman) want to come in on that? I can see him poised to spring forward.