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.

Antisemitism and Other Racism in Football

Jonathan Lord Excerpts

Wednesday 22nd June 2022 Westminster Hall

[The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Nigel Huddleston)]

It is a pleasure to serve under your chairmanship, Mr Stringer. I thank my right hon. Friend the Member for Chipping Barnet (Theresa Villiers) for securing this important debate and all those who have participated. There is a very clear message coming from this Chamber today; it is clear from my right hon. Friend’s comments—and those of all Members who have spoken—that we all share the view that it is of the utmost importance to continue tackling the issues of antisemitism and racism in football, in sport and, indeed, in society.

That is why the Government and its arm’s length bodies, Sport England and UK Sport, have worked closely with football authorities and the sector to ensure that tackling all forms of racism and discrimination remains a priority. I am personally committed to this, as I want sport to be welcoming to everyone and a true reflection of our diverse society. It is therefore particularly disappointing to have this debate about racism, discrimination and antisemitism in football, because it is one of our most diverse sports. Indeed, many of our highest-profile stars are from ethnically diverse backgrounds.

However, as we have seen in the media and online over the past few years, there have been continued incidents of discrimination at and around football matches. Over the past year, incidents have been recorded of antisemitism and of Jewish fans being abused in the UK and across Europe. My right hon. Friend gave a rather alarming list of such incidents. Many colleagues today have mentioned the Euro 2020 finals, after which there was an increase in online abuse, in particular, and racism, indicating that this remains a serious issue in football. Over the past few years we have continued to work with football authorities to try to tackle the issue, but so much more needs to be done.

What has been done? There have been actions targeted at and around football grounds, such as improving reporting systems, providing better training and support for referees and stewards, who are often abused themselves, and improving the quality of CCTV and other equipment around stadiums. One significant action was the Government amending legislation to extend the use of football banning orders so that online abusers can be banned from stadiums for up to 10 years, ensuring that action is being taken both online and offline.

As my right hon. Friend and other Members mentioned, we hope that the Online Safety Bill, currently going through Parliament, will also help to tackle some of these issues. One thing that I think we all find quite alarming is this. Abuse, including online abuse, is against the terms and conditions of social media companies already. The problem is that they are not always able or, I am afraid, willing to implement their own terms and conditions. That is one reason why we had to bring in that Bill.

As the national governing body for football, the FA has a responsibility to address all forms of discrimination in the game. Of course, that includes antisemitism, and I know that this is something that it does take seriously. Last year, as the hon. Member for Canterbury (Rosie Duffield) and others mentioned, the FA and the English Football League joined the Premier League in adopting the International Holocaust Remembrance Alliance definition of antisemitism. That provides clear and united guidance across football on what language or actions may be considered antisemitic. The FA has issued fines and bans to players found guilty of antisemitic behaviour. It also works closely with independent bodies, such as Kick It Out, to use the vast reach of football to help educate people, in an effort to wipe out antisemitism.

[Mr Jonathan Lord (Woking) (Con)]

Mercifully, I am not aware of any publicly known antisemitism regarding Woking football club and similar clubs in the locality, but in 2017 there was a small graffiti war, played out on walls and garage doors in Woking, that contained a lot of antisemitism, and that was from rival Polish football fans. As well as attacking things domestically, will we use our positions in UEFA and FIFA—we have a World cup coming—to ensure that the IHRA definition is also imposed internationally and that our international friends also take this matter really seriously?

[Nigel Huddleston]

My hon. Friend makes an important point. Of course, we do try, both as a Government and in the sporting bodies and entities whose voice carries a lot of weight internationally. The UK sport bodies are generally quite highly regarded and respected and show great leadership on these issues. I would certainly encourage them to continue those conversations and that dialogue with the international bodies, so that they follow the leadership that is sometimes shown in the UK. When I meet Sport Ministers from the G20 and the G7 around the world, these are precisely the kinds of issues that we raise. I am sorry to hear about the incident that my hon. Friend became aware of.

Other bodies are working on this issue too. An example is the Premier League. We welcome the Premier League’s No Room For Racism action plan and the announcement of new enhanced anti-discrimination measures such as league-wide bans for offenders. In June 2020, the league launched a dedicated reporting system for players, managers, coaches and their family members, which has proven successful in pursuing legal action against offenders.

I think that this is an important point to emphasise—my right hon. Friend the Member for Chipping Barnet mentioned it in her speech. This offence and abuse can be a hate crime, which is illegal, and can be and often is pursued in the courts. It is not banter; it is not something to be taken trivially. It can and should lead to pursuits in the courts. The Opposition spokesperson, the hon. Member for Manchester, Withington (Jeff Smith), also made the important point that times change and attitudes change, and it is not really an excuse to say, “Oh, well, we used to do this in the past.” My hon. Friend the Member for Blackpool South (Scott Benton) also raised this issue. What was perhaps not intended or perceived to be offensive in the past can be now.

We need to be very conscious of the difference between intent in using certain words and behaviours, and the impact that it has on people. I think that is very important in this debate as well. Even where action may not be intended to be abusive or offensive, the reality is that it can be, and there is a responsibility on individuals, governing bodies and clubs to communicate that it can be and is offensive to their fanbase.

We know that there is still a lot more to do across football as a whole. The fan-led review of football governance, which the hon. Member for Manchester, Withington mentioned, recommended that the football authorities work even more closely to ensure consistent campaigns across the various organisations. The Government are pleased that the Premier League, the FA and the EFL have agreed to collaborate on an overarching campaign for equality, diversity and inclusion across football, with Kick It Out. As suggested by the review, we will explore a new, single repository for reports of discrimination—more on this will likely be coming in the White Paper in the coming months. The Government will continue to work closely with all football authorities on this issue.

We know that it is not only football that is facing these challenges. In June 2021, Sport England, UK Sport and the other home nations’ sports councils all published the results of a detailed, independent review of tackling racism and racial inequality in sport. The review brought together data and gathered lived experiences of racial inequalities and racism in the sector. The findings make it clear that racism and racial inequalities still exist within sport in the UK. The sports councils agreed on a set of overarching commitments, and they will work together. Updates on progress are being provided every six months, and I am keen to ensure that this momentum is sustained over the long term.

The updated code places an increased focus on diversity in decision making and ensuring that sports organisations reflect more accurately the communities they serve. The code now requires sports organisations to produce individual diversity and inclusion plans. These have to be agreed by Sport England and/or UK Sport, they have to be published, and they have to be updated annually, so there is positive action there. Diversity and inclusion is absolutely essential to sport. We want people to enjoy taking part in their chosen activity, and we want to attract and retain talented athletes from all backgrounds. That cannot happen if people do not feel welcomed or respected.

Let me briefly address a couple of other points raised by colleagues before I conclude. A couple of hon. Members raised the issue of penalties, particularly in international competitions. That is an important point and again one that we discuss, because penalties for bad behaviour by fans are the responsibility of the clubs. The clubs need to be punished accordingly, and that punishment needs to be effective and needs to hurt. I will always back what some might see as quite tough punishment, but it is needed because we need to take these issues seriously and take every action to make sure the clubs take it seriously.

It should go without saying that there is no place for racism, sexism, homophobia, or any other kind of discrimination in football or sport more widely. We have heard that loud and clear from all colleagues today. My right hon. Friend the Member for Chipping Barnet has raised many important points, and I sincerely thank her for her interest and passion in this subject. Indeed, it is something that she has spoken about eloquently for many, many years. There is still more to do, but she has my assurance that the Government are committed to continuing to work with football authorities to combat racism, discrimination and antisemitism, both in person and online, from the grassroots to the boardroom.

Body Image in the Media and Online

Jonathan Lord Excerpts

Wednesday 24th November 2021 Westminster Hall

[Chris Philp]

There will be an extensive consultation run by Ofcom, both on the matters considered to be priority harms and on the codes of practice that go alongside those. The Bill, as drafted, will see those codes of practice and the list of harms come back to the Secretary of State, and there will then be a parliamentary procedure, so Parliament will have an opportunity to look at the list of priority harms and the codes of conduct to be sure that Parliament is happy with them. There are various debates about whether the mechanisms to do that can be fine-tuned in some way, but it will not just disappear into a void with no further interaction with Parliament at all. In providing evidence to Ofcom, there will be an opportunity for my hon. Friend and for people who are campaigning with such passion on this issue to make representations.

[Mr Jonathan Lord (Woking) (Con)]

I join the Minister in congratulating my hon. Friend the Member for Bosworth (Dr Evans) on introducing this debate so eloquently. Can I take the Minister back to advertising? I spent many years working in British advertising agencies in London. I was a little concerned about the advertising ban in the Health and Care Bill, which we have been discussing in the last couple of days. We have a world-leading industry, and I gently say to my hon. Friend and to the Minister that if advertising is labelled in this way—I am talking more about the traditional media than online advertising—then either the health warning is so small that no one notices it or it is large enough to have a lot of notice. At that point, certainly the larger advertising agencies will ensure that they do shoots to get what they want without any retouching. I urge the Minister to be cautious and protect our world-leading advertising industry, which sets higher standards than virtually anywhere else in the world.

[Chris Philp]

I thank my hon. Friend for his intervention, given that it is built on years of expertise in the industry. These issues require careful thought and there are balances to strike. We do not want to cause unreasonable problems for the advertising industry.

That is why the Government and various regulatory authorities are looking at this in such a careful way, with the call for evidence that is running at the moment, the consultations in the coming months on the online advertising programme and the consultation on the priority harms and codes of conduct that Ofcom will conduct in relation to the online safety Bill. Through those consultations, there will be an opportunity for campaigners to put forward their point of view on body image. Obviously, the advertising industry will have extensive opportunities to put its case. There will be opportunities for regulators and Parliament to think about how that balance can most appropriately be struck. We fully recognise that, as in so many areas, there is a balance to strike in ensuring we reach the right solution.

Catfishing and Social Media

Jonathan Lord Excerpts

Tuesday 18th July 2017 Westminster Hall

[The Minister for Digital (Matt Hancock)]

I congratulate the hon. Member for Stockport (Ann Coffey) on securing the debate. I know that this is an important issue for her and for her constituent, Mr Peacock. I am glad that she has brought it to the attention of the House, and I welcome the opportunity both to raise awareness of the problem and, as she has done, to set out clearly the legal position and what might be done about it.

The UK is a world leader in the fight against online abuse, exploitation and harmful content. We take the approach of working in partnership with the technology industry, using legislation where necessary, and we also work with groups across society to ensure that behaviour that would not be tolerated offline cannot thrive online. That is the principle that underpins the internet safety strategy, which is part of the wider digital charter that the hon. Lady mentioned. I listened to her contribution, and I will endeavour to address all the points that she raised in my response.

I will start by saying that I agree with her about the vital need to balance freedom and responsibility online, so that we can enjoy all the benefits of the internet but try to mitigate the harms and harmful practices that the internet has allowed to come about.

[Mr Jonathan Lord (Woking) (Con)]

Like the Minister, I first pay tribute to the hon. Member for Stockport (Ann Coffey) for an absolutely superb exposition not only of her constituent’s case but of the wider situation.

Members listening to and participating in this debate would like the Minister to address a couple of points. First, there is no excuse whatsoever for people taking someone else’s identity online. Such behaviour is reprehensible and creates two potential victims. The hon. Member for Stockport outlined how the law has proved to be absolutely deficient so far in this area. I am not one for jumping to legal remedy, but the lack of legal redress for her constituent is obvious, and the Government need to look at that situation carefully and sympathetically.

[Matt Hancock]

That is an important point, and I will come on to it later.

The internet brings benefits, but also the new challenges that we are considering. The central point is that fraud, whether it is committed online or offline, can cause serious damage, and fraud includes identity theft. Victims can suffer both financial and emotional harm, and we know that fraudsters not only make money but exploit social relationships. Both those things need to be taken seriously.

The Fraud Act 2006 already includes offences that would apply to anyone who assumes a false or non-existent identity to commit fraud. In particular, section 2 sets out the crime of fraud by false representation, which would cover a person pretending to be someone else for the purposes of making a gain for himself or another. That obviously applies in the online world, too. The use of a false identity for fraudulent purposes is a crime, but identify theft in and of itself is not a criminal offence, which speaks to the point that my hon. Friend the Member for Woking (Mr Lord) raised about taking someone else’s identity. That is the situation as we find it.

Perhaps I should go through some of the things the Government are considering to try to address the problem. First, there is the question of raising awareness of identity fraud. Identity fraud and wider cyber-crime are important issues. We need to ensure that people understand the safer behaviours they can use online. The hon. Member for Stockport mentioned the UK Safer Internet Centre and Get Safe Online, which provide advice on relationship scams and online dating issues. Get Safe Online is an independent organisation funded by industry and Government to ensure that there is a place to go for high-quality advice. Often even basic research, such as checking social media sites or using search facilities, can help in checking whether a person is actually who they say they are.

We expect websites, including social media companies, to respond quickly to reports of harmful content and abusive behaviour on their networks. That includes having easy-to-use reporting tools and robust processes in place to respond promptly when abuse is reported, including the suspension or termination of the accounts of those who do not comply with acceptable use policies. As the hon. Lady said, social media companies are taking some action using people and artificial intelligence, but it is clearly not solving the whole problem.

We have taken action to tackle online harms through legislation where necessary, including in relation to cyber-stalking, harassment and perpetrators using grossly offensive, obscene or menacing behaviour. We have introduced a new law making the fast-growing incidence of revenge porn a specific criminal offence, which is what the hon. Lady is seeking. The most relevant legislation is the Malicious Communications Act 1988, which contains the offence of sending material, including electronic communications, to another person that is false and known or believed to be false by the sender, with the purpose of causing distress or anxiety to the recipient or any other person to whom it is intended to be communicated. The Criminal Justice and Courts Act 2015 made changes to that offence, and to section 127 of the Communications Act 2003. The changes were aimed at ensuring that people who commit those offences are prosecuted and properly punished. Where there is emotional abuse, it might be captured under the domestic abuse offence of controlling or coercive behaviour. That is the legal position.

The Crown Prosecution Service has revised its guidelines on social media to incorporate new and emerging crimes being committed online. Advice was added to the guidelines about the use of false online profiles and websites with false and damaging information. For example, it may be a criminal offence if a profile is created under the name of the victim with fake information uploaded that, if believed, could damage their reputation and humiliate them. Whether the CPS prosecutes any offence will depend on it meeting the evidential and public interest tests in the “Code for Crown Prosecutors”.

The Digital Economy Act 2017 requires us to publish a code of practice for social media companies. We have not yet published it, but we are required to, so we are working on it. The code of practice will include guidance on arrangements for notification by users; the process for dealing with notifications; terms and conditions in relation to those arrangements and processes; and the giving of information to the public about the action providers take against harmful behaviour. We will be consulting on that shortly.

The hon. Lady said that no one is seeking to end anonymity. It is interesting that on some social media sites anonymity is not allowed or made very difficult, but that is not true across the board. For instance, we welcome Facebook’s real name policy, which requires all its users to provide their real and full name when signing up. Claiming to be another person, creating a false presence or creating multiple profiles goes against Facebook’s terms and conditions, but that is not the case for all social media sites. Policing such things is incredibly important, but there is collaboration between social media sites and dating sites to link up online presences. For example, Tinder allows users to link their accounts with other forms of social media, such as Facebook or Instagram. That can help, and we welcome such things, but it is not necessarily for Government to tell social networks how their facilities should work. The very nature of social networks is that they are designed for people to share information, but all social networks are expected to act responsibly to protect the privacy of users. Getting the balance right between freedom and safety online is a key part of the internet safety strategy and the digital charter.

[Mr Lord]

I have been listening carefully to the Minister’s remarks. A minute or so ago, I think he said that if the victim—in other words, the person whose identity has been stolen—has reputational damage, that is potentially a criminal offence. I cannot think of anything worse than that damage. In this case, it was proven that this man’s identity was taken and that multiple women—perhaps many women—were contacted and asked for graphic and sexual images of themselves.

[Ann Coffey]

indicated assent.

[Mr Lord]

I see the hon. Lady is nodding. Either the law is deficient, or the police and the CPS are giving the wrong advice to her constituent. Things need to be tightened up.

[Matt Hancock]

As I said, the CPS guidance in this area has been updated, because technology moves fast and the CPS has to update its guidance and interpretation of the law from time to time. My hon. Friend is exactly right in what he said and in reporting what I said, which will be in Hansard, but I said it as a conditional—such activity could be a criminal offence, because it depends on potential prosecutions. It is not for this place to determine guilt or innocence; it is for this place to determine what the law should be.

The guidance was updated fairly recently, and we need to see the impact of that, but my hon. Friend should rest assured that we put in place the internet safety strategy to look broadly at the impact of the internet and ensure that we protect the freedom, innovations and magnificent improvements that it brings to many areas of life, while doing that in a safe way that protects people from harm. Freedom exists within a framework of protecting others from harm, hence why the internet safety strategy will look into all these issues. Since I am responsible for that strategy and have heard the debate today and looked into the case in preparing for the debate, I will ensure that the issue of catfishing is considered.

There have been movements in this area, and I look forward to working with the hon. Member for Stockport and my hon. Friend the Member for Woking to ensure that the victims of catfishing, who can suffer both financial and emotional harm, have their voices properly heard. They need a strong response to ensure that the law is properly and appropriately up to date to deal with the challenges that the internet has brought in this area and in this case. We have to learn the lessons. I hope that I have provided assurance that we take harm caused online extremely seriously, and I look forward to working with the hon. Lady to find the solution.

Question put and agreed to.