Online Harms White Paper

Marcus Fysh Excerpts

Monday 8th April 2019 Commons Chamber

[Jeremy Wright]

I think there are two points worth making in response to the right hon. Lady. First, how well the platforms hold to their own terms and conditions may well give the regulator a good indication of how well they are complying with their overarching duty of care. Secondly, she is right that the White Paper envisages that a platform might say to a regulator, “We don’t wish to follow the codes of practice,” but if a platform chooses that path, it must be able to demonstrate to the regulator that the approach it takes instead is at least as effective in dealing with online harms as the codes of practice would have been. Of course, if the platform did not succeed in persuading the regulator that it had done that, the overarching duty of care would continue to apply to it. The duty does not rely on the codes of practice for its ongoing effectiveness.

[Mr Marcus Fysh (Yeovil) (Con)]

Like many families in south Somerset, I have been concerned about what exposure my children might have to various things online, so I welcome the look that is being taken at this issue. What are we going to do to try to stay ahead of new technologies that are able very efficiently to impersonate so that we can take action in advance? Are we looking at revising the legal framework around harassment and malicious communications to take account of that?

[Jeremy Wright]

The answer to my hon. Friend’s second question is yes. The Law Commission is looking now at exactly how we may refresh the law on online harassment. On his first question, I think he refers to what are commonly described as deepfakes, which are technologically very challenging. As I said earlier, it is important that the process we suggest encourages online platforms to use technology to provide solutions as well as to recognise problems. We expect that, as technology develops to create deepfakes, so should technology develop to help identify them. This duty of care will put the onus on online platforms to do just that.