Cyber-bullying

Lord Vaizey of Didcot Excerpts

Tuesday 3rd December 2013 Commons Chamber

[The Parliamentary Under-Secretary of State for Culture, Media and Sport (Mr Edward Vaizey)]

I thank the hon. Member for Upper Bann (David Simpson) for tabling this important motion and for his measured and serious speech. It was good to hear about the work that he is doing in his constituency to encourage the education of parents about technology. Although it might be true that adults are not as technologically savvy as their teenage children, the debate shows that adults, particularly him, take a strong interest in children’s welfare, especially given the new and venomous trend of cyber-bullying.

It goes without saying that we must take bullying in general, and cyber-bullying in particular, very seriously. I therefore welcome the opportunity to have this debate so that I can listen to the House’s views and set out some of the initiatives that the Government are taking to combat cyber-bullying.

It is good to see the House debating the subject, and it goes without saying that bullying is high on parents’ lists of concerns about their children when they are at school. We know that the impact of bullying can be devastating for those who are bullied, sometimes with the most tragic of consequences. Cyber-bullying is often an extension of bullying that takes place at school, and the fact that it can follow those being bullied to their home, giving them no respite or refuge, makes it all the more insidious and harmful. I completely agree with the hon. Gentleman that the anonymity and distance provided online provoke an almost unintelligible venom. I am not an apologist for physical bullying, but we almost cannot imagine such venom were the bully and the bullied face to face. That takes cyber-bullying to another level of insidiousness.

As the hon. Gentleman said, our children now have great access to the internet. There is internet access in virtually every household—91%—in which children live, and more teenagers than adults own smartphones as a proportion of their population. Developing children’s skills in this digital age is therefore incredibly important. It is also worth reminding the House of how quickly the phenomenon has come upon us. I fought my first election in 2005, when I became a relatively young and junior Member, without YouTube and Twitter and virtually without Facebook. Facebook came into being in 2004, YouTube in 2005 and Twitter in 2006. Now those and a plethora of other sites are integral to the lives not just of Members but of the children who use them. Ensuring that children can use those technologies safely is incredibly important and will become increasingly so.

The hon. Gentleman referred, as does the motion, to creating a specific crime of cyber-bullying. I certainly took on board what he said, and the hon. Member for Everton—

[Steve Rotheram]

Liverpool, Walton.

[Mr Vaizey]

Sorry, the hon. Member for Liverpool, Walton (Steve Rotheram)—I always think of him as the hon. Member for Everton because of his stalwart support for that team—made the point that the Government should define cyber-bullying. It is important to be clear that Governments should not legislate where legislation is unnecessary. We will continue to listen to his case, but as he said, current legislation is in use.

To add to the Acts already mentioned by the hon. Member for Upper Bann, the Communications Act 2003 makes it illegal to send menacing messages, and in 2012 there were 2,000 prosecutions for that offence. The Director of Public Prosecutions has issued guidance on defining cyber-bullying—certainly on trolling—and prosecutors are not afraid to take action when there is a clear case of malicious attacks on the internet.

[Steve Rotheram]

Does the Minister therefore regret the decision by the Crown Prosecution Service to raise the threshold for prosecutions against those who commit such offences online?

[Mr Vaizey]

I think it was right for the DPP and CPS to consult extensively on the issue, and to make a considered decision. The risk of almost limitless potential prosecutions must be balanced against the need for a credible policy and credible prosecutions. I am sure the debate on that will continue, but I think the process was carefully considered and not rushed into. Neither was there any wish to underestimate the impact of some of the cyber-bullying.

[David Simpson]

Does the Minister agree that although legislation can be used, it is not stopping the problem? Cyber-bullying is a growing trend and a virus that is sweeping the country. Surely something more radical needs to be done to protect our young people.

[Mr Vaizey]

As I said, as well as setting out what the Government are doing, I am here to listen to views from all sides of the House. As the hon. Gentleman made clear, I hope this will be a thoughtful debate about something on which Members are united, which is to see this venomous trend—to use his powerful adjective—curtailed in the best way we can. On the criminal element, as I understand, the Anti-social Behaviour, Crime and Policing Bill will include a new offence of causing nuisance and annoyance and there will be the opportunity for someone to get an antisocial behaviour order against people who cause nuisance and annoyance. That can also be used in cases of cyber-bullying.

As well as criminal law, it is important to consider the other issues raised by the hon. Gentleman in his excellent opening remarks, including the whole ecology that exists in terms of we in society uniting to combat this scourge. I hear what he says about cyber-bullying being a growing threat, and I welcome his constructive suggestions—for example, he made a point about doing rather than talking in the work to educate parents in his constituency.

[Tim Loughton]

My hon. Friend said that nuisance and annoyance may be covered by new legislation, but we are talking not about that but about downright abuse that can lead some people to commit suicide. Can he tell the House how many people have been prosecuted under the Malicious Communications Act 1988 or the Communications Act 2003 for offences that this House would recognise as forms of cyber-bullying?

[Mr Vaizey]

I would hesitate to answer that question in the detail that my hon. Friend requires, at the risk of misleading the House. As I said a few minutes ago, my understanding is that there were 2,000 prosecutions last year. I do not have a breakdown of those figures, but I will write to him if he requires that. The fundamental point, Madam Deputy Speaker, is that under existing legislation prosecutions are taking place for what you or I would recognise as cyber-bullying.

It is important to involve everyone in society in combating this threat. That includes the Government, of course, but also parents, teachers and the industry, which the hon. Member for Upper Bann mentioned. As he knows, the previous Government established the UK Council for Child Internet Safety—UKCCIS—which has continued to work with this Government, bringing together three Ministers: myself, the Under-Secretary of State for Education, my hon. Friend the Member for Crewe and Nantwich (Mr Timpson), who will wind-up the debate, and the Minister for Policing, Criminal Justice and Victims. The council brings together industry, academia, charities, parents groups, and law enforcement under three Ministers.

It is often said—again, I would welcome any critique of this—that the UK is a pioneer in internet safety, and my experience of working in the field is that we are highly regarded around the world for the work we do. That does not, I hasten to add, signal any sense of complacency on our part, but it shows that we are proactive about the issue, as were the previous Government.

[Steve Rotheram]

That long list of organisations the Minister is consulting does not include the social media platforms, although they are pivotal to changing the online culture. What are the Government doing to engage with Facebook, Twitter and Bebo, or whoever it might be, on that issue?

[Mr Vaizey]

That was my error in omitting to mention that Facebook is on the board of UKCCIS, and we regularly engage with social media. However, I think that we can—and should—do more, and I will come to that in a minute.

As I was saying, the UKCCIS board considers what companies can do to help to address cyber-bullying and to develop robust policies. It has been working with the industry and social media companies to look at the ease with which users can report abuse on their sites, and how those reports are dealt with. The Government have been clear that we expect social media companies to respond quickly and effectively where behaviour contravenes those policies. It is also important to emphasise—I do not know how well this will go down with certain elements in the Chamber—that that work is also happening at European Union level. I think it is worth convening a meeting in the new year with social media companies and interested Members. If any Member in the Chamber wishes to participate, I would be happy to facilitate it.

[Mr Iain McKenzie (Inverclyde) (Lab)]

Does the Minister believe that any legislation brought in by the Government must cover all those who participate in the bullying? That is not just the initial person who put up the bullying or slanderous message, but those who repeat it online and spread it around, as they are equally to blame.

[Mr Vaizey]

A fundamental principle of law is that what is illegal in the physical world is illegal in the online world. If someone participates in an assault or in bullying in the physical world, they should be equally susceptible to whatever law they would contravene were they to do that in the online world. Someone repeating a libel online is not exempt from being sued because they have simply repeated what somebody else has said. That is the case with bullying and cyber-bullying as well.

I repeat my offer to facilitate a meeting in the new year. The industry must understand that we need to make things as easy as possible for users. There may be common ground here. I think we considered this issue when we were tackling inappropriate content online and protecting our kids, and it goes back to what the hon. Member for Upper Bann was saying about teaching parents in his constituency. Someone might be sitting in their headquarters thinking, “Well, we’ve got robust policies. We’ve got this, we’ve got that,” but it must be clear to all users and across different platforms that whatever social media someone participates in, they should expect certain key principles such as the ability to make a complaint or receive a rapid response. I will facilitate that meeting.

I mentioned education, and the whole drive against cyber-bullying must be considered as part of a broader drive to tackle all forms of bullying. The Government have sent a clear message to schools that bullying in any form is unacceptable and should not be tolerated. For schools there is a mixture of education and legislation, as well as greater freedom and more accountability. For example, as part of the national curriculum, the Government will ensure that children are educated about the dangers of the internet. Although schools are required by law to have a behaviour and bullying policy, they have flexibility in how to implement that policy, while at the same time they are held to account by Ofsted.

[Mark Durkan (Foyle) (SDLP)]

During the passage of the Education Act 2011, Ministers emphasised that cyber-bullying was a motivation for changing disciplinary laws to allow members of staff, not just teachers, to search an individual student, even a member of the opposite sex, without anybody else present and to seize property. Do the Government have any evidence on the use of the changed powers in schools? Have any protocols been developed and have any issues arisen from their use?

--- Later in debate ---

[Mr Vaizey]

We are lucky enough to have sitting next to me one of the top Education Ministers, my hon. Friend the Member for Crewe and Nantwich (Mr Timpson). By the time he comes to sum up, he will have an answer to the hon. Gentleman’s question. The change in the law was welcomed, but I cannot say, from my eyrie in the Department for Culture, Media and Sport, what statistics the Department for Education has at its fingertips on its effectiveness. The Department is proud of reducing 481 pages of bullying advice down to 11 pages. Common sense tells us that bullying advice is now being read by schools. The hon. Gentleman alluded to search powers, but the 2011 Act also introduced the new simplified Ofsted inspection regime. Since January 2012, Ofsted has four core criteria only, one of which includes freedom from bullying. Schools can therefore be held to account for their policies.

From September 2014, pupils in every key stage—all pupils from ages five to 16—will be taught about online safety as part of the new curriculum. We hope that that will empower young people to tackle cyber-bullying through responsible, respectful and secure use of technology, as well as ensure that pupils are taught age-appropriate ways of reporting any concerns they may have about what they see or encounter online. I was also going to mention—

[Tim Loughton]

rose—

[Mr Vaizey]

That I want to take an intervention from my hon. Friend.

[Tim Loughton]

The Minister is being very generous in giving way. Will he confirm that academies and free schools will not have to follow the curriculum guidelines? What will he be doing, with his colleagues in the Department for Education, to ensure that these important procedures will still be taught in all our schools?

[Mr Vaizey]

All schools will have to have a protection policy in place and they will be subject to Ofsted inspections. My hon. Friend’s intervention gives me an opportunity to say what a fantastic job he did as children’s Minister. One reason why I have such respect for his remarks is because he is one of those former Ministers who has maintained an interest in the policy in which he was so intimately involved, and he continues to make important interventions in our debates.

The Education Act 2011 strengthened schools’ powers—a specific Government intervention in this area—so that teachers can now impose same-day detention, use reasonable force to protect children from harm and have the power to search for and delete images or files that they think are inappropriate. Schools do not exist in a vacuum. Sometimes the rhetoric is such that we almost pass on to schools the responsibility for sorting out all society’s ills. Schools have to work with parents, and parents have to be participants and allies in the work to combat cyber-bullying. Schools need to work with parents to make it clear that no one will tolerate any kind of bullying, and to ensure that parents are aware of the procedures to follow if they believe their child is being bullied. Schools should investigate and act on all reports.

Making parents aware of what they can do to keep children safe online is also important. I am pleased that, as part of our work to protect children from inappropriate content online, the main internet service providers have come together and formed an alliance to carry out a large-scale internet safety awareness campaign for parents. I understand that that will have a budget of approximately £25 million per year for the next three years and will include signposting to further sources of help and advice. I have said to the ISPs on many occasions that while it might be helpful to them in a competitive environment to offer new and up-to-date tools to parents to keep their children safe online, they must also work together as one. They have the experience, they know their customers, they have the highly paid marketing directors and they have the relationships with the advertising agencies and so on to work together as one for the common good to put forward this message. I am pleased we have got this deal with them.

[Helen Goodman (Bishop Auckland) (Lab)]

I am pleased to hear the news about the campaign. Will the Minister clarify whether that will be £25 million per year for three years, or £25 million over three years?

[Mr Vaizey]

I am so sorry. I misspoke because of what was written in my speech. I now understand that it is £25 million over three years. I thank the hon. Lady for correcting me, and I will double and triple check that.

A range of agencies and organisations have a role in preventing and responding to bullying: local authorities, local safeguarding children boards, law enforcement, schools, parents and the internet industry. Drawing on the breadth of expertise available, the Government are supporting a number of specific initiatives. For example, we are providing four organisations—I think this figure is correct—with more than £4 million in total over two years from spring 2013. [Interruption.] I am assured that that is correct. We are giving £800,000 to the Diana Award to identify and train 10,000 pupils as anti-bullying ambassadors. We are giving £250,000 to Kidscape to work in nine of London’s most economically deprived boroughs to train primary school professionals to deliver preventive and remedial strategies. We are giving £1.5 million to BeatBullying to train 3,500 11 to 17-year-olds over two years as cyber-mentors, and we are giving £1.5 million to the National Children’s Bureau consortium to focus on bullied children and young people with special educational needs and/or disabilities, to work with 900 schools, parents, carers and school staff to reduce bullying and its impact when it occurs.

I have spoken for some time in this short debate on a subject that is important and wide-ranging. I reiterate how welcome the debate is, and how judicious the opening remarks were from the hon. Member for Upper Bann. Building on the work of the UKCCIS—in its time, a relatively unique organisation, bringing together a range of stakeholders, and it remains the forum to debate many of the key issues—the Government have developed a range of measures, such as important legislation to give teachers powers to intervene in cyber-bullying and a campaign to work with ISPs to ensure that we can educate parents. I urge hon. Members to engage with social media on their procedures and thoughts. I look forward to hearing the rest of the debate and to my hon. Friend the Minister when he sums up.