Online Abuse

Margot James Excerpts

Monday 29th April 2019 Westminster Hall

[The Minister for Digital and the Creative Industries (Margot James)]

It is a pleasure to serve under your chairmanship, Ms Ryan. I congratulate the Petitions Committee on its impressive work. I thank the hon. Member for Warrington North (Helen Jones) for her speech and for leading that work on the Committee’s report. I assure her that the Government take this issue extremely seriously. I echo her thanks and congratulations to Katie Price and her family on the crusading work they have done. They should never have had to do it in the first place, but they were courageous enough to confront these awful issues on behalf of her son, Harvey.

I have been very affected by the things I have heard in the debate. I had heard some of them before, but some of the content of the debate was new to me, and it is all very shocking. The purpose of the debate has been to look at the effect of horrendous abuse on people with disabilities. Although, obviously, it has not been confined to people with disabilities, until this petition and the Committee’s report, there had not been enough exposure of the true extent of the abuse of people with disabilities.

The hon. Lady alluded to the advice to go offline, which seems to have been handed out to many people with disabilities who have been abused online. That is outrageous advice. No, they should not go offline. She made clear the tremendous benefits that the internet has brought people with disabilities. They should be free to access those benefits, and to come and go online like everybody else, without fear of harassment, abuse or intimidation. It is the internet that has to change, not the experience of people with disabilities.

My right hon. Friend the Member for Arundel and South Downs (Nick Herbert) has done an excellent job representing the Price family, who are his constituents. He is quite right that this awful abuse and bullying has been with us since the dawn of humanity, but unfortunately, since the dawn of the internet, which is a recent phenomenon, it has been amplified and made far worse. The 24/7 nature of the internet, and the speed and ease with which images and abusive content can be replicated around the world at the touch of a button, have made the phenomenon of abuse—we are here to talk particularly about the abuse of people with disabilities—far worse. I quite agree that social media platforms should operate a policy of zero tolerance of hate speech, and I will come on to the steps that we are taking through the online harms White Paper to ensure that they do that.

The hon. Member for West Ham (Lyn Brown) mentioned something I know very well: that women are 27 times more likely than men to receive abuse online. There is a lot of research to back that up. I echo her congratulations to her constituent Seyi and the campaign organisation she founded, Glitch. That was a very courageous move to overcome the awfulness of what she had to cope with online and actually do something about it. If we are going to do something about abuse, we have to confront it, so I congratulate Seyi.

Some of the proposals that Glitch has developed on digital citizenship and digital literacy are very important. There is a section in our White Paper devoted to improving digital literacy, and not just among young people but among the general population—for us all—and particularly with regard to children as they are growing up. That is very important. The hon. Member for West Ham suggested that the proposed measures could be funded from the digital services tax. I am sure that we can ask the Chancellor those questions, but the White Paper proposes that the regulator should be funded via a levy on companies, which would be a similar source of income.

[Lyn Brown]

I am delighted to hear what the Minister has just said, and I know that Glitch will be, too. Should she launch a quiet campaign—we know that is how politics is often done—in the Treasury and DCMS to ask for better enforcement and whether we can take a percentage of the money from the digital services tax, she will find that she has friends on the Labour Benches, and we will do our best to give more power to her elbow.

[Margot James]

I thank the hon. Lady very much for her support. It is very important that we work across parties in this area. We have welcomed the Labour party’s input to these deliberations, and some of the ideas that it put forward found their way into the White Paper.

[Hannah Bardell]

I will follow on from that intervention, because the Minister will also find friends on the SNP Benches. It is important that we work cross-party to challenge the big tech firms. Given that a former Member of this place is now in a very senior role in Facebook, I would like to think that it understands and appreciates the strength of feeling on this issue across the House. Only by working cross-party and taking on the tech companies head on will we get them to get in line and get this sorted.

[Margot James]

I agree; a cross-party approach is much more powerful. We want to spend our time not arguing across the Floor of the House, but on confronting the tech companies with the responsibility that they should bear, and on representing and championing citizens, who deserve better.

The SNP spokesperson, the hon. Member for Ayr, Carrick and Cumnock—[Interruption.]. I apologise to my hon. Friend the Member for Ayr, Carrick and Cumnock (Bill Grant)—I clearly need to know my Scottish constituencies better. I apologise to both hon. Members. I thank my hon. Friend for his contribution and for the outrage he expressed on behalf of his constituents.

The SNP spokesperson is the hon. Member for Livingston (Hannah Bardell). I share her shock that the majority of football authorities did not even deign to respond to the letters from the Petitions Committee demanding that they become part of the solution against the horrendous level of abuse that seems to emanate from the world of football. Sadly, racism in football has still not been dealt with, but at least they are engaged in tackling that. I will speak to the Minister for Sport, my hon. Friend the Member for Eastleigh (Mims Davies), to seek her support to get the football authorities to engage on the abuse of disabled people.

[Hannah Bardell]

The Minister is being generous in giving way. I do not think that the Petitions Committee wrote to any clubs or authorities in Scotland—I make no criticism; that is just an observation. I would be happy to help facilitate contact with them, and I suggest that a copy of the Committee’s report should go to every football club in the United Kingdom, along with a letter calling them to a meeting where we have cross-party representation at which we can eyeball them and tell them just how strongly people in this House feel about their clubs and the action they need to take.

--- Later in debate ---

[Margot James]

That is an excellent suggestion. I am happy to put that to my hon. Friend the Minister for Sport, and if the hon. Lady and the hon. Member for Warrington North, who chairs the Petitions Committee, would like to attend that meeting, we will set that up. Yes, we will definitely invite all football authorities to that meeting.

The hon. Member for Warrington North also talked about the effect on moderators. Thousands of people are now employed by tech companies to moderate content and make decisions on whether it crosses the threshold and should be taken down. We are looking more and more to systems of artificial intelligence to do as much of that job as possible, precisely for the reasons she set out. It is a horrendous job to do, and I imagine that over time it ends up affecting the moderators’ mental health. On a positive note, 75% of the 4 million videos that YouTube has taken down in, I think, the past six months were identified and removed via artificial intelligence. That does offer us some hope for the future.

[Liam Byrne]

The Minister is being generous. The only danger with introducing such statistics, which all the social media companies are desperate to put into our hands, is that it creates the impression that somehow they are doing enough when they are not. We will never get to a solution to this problem by relying on voluntary action. That is why the law needs to change, and enforcement needs to change.

[Margot James]

I certainly agree with the right hon. Gentleman. I am sorry if I gave that impression; I wanted to offer up some hope that over time more and more solutions for removal will be technological so that moderators, who have a terrible job to do, do not have to spend their working lives wading through this horrendous content. To clarify, that is absolutely not at all to say that companies are doing enough. They are doing more, but it is by no means enough as yet.

[Helen Jones]

One thing that tech companies need to do, as the police, GCHQ and other authorities do, is provide regular counselling for the people who have to deal with such appalling content. At the tech companies, moderating is often done by poorly paid people in very poor countries, and no support is provided for them.

[Margot James]

The hon. Lady makes a good point; people would need that. I believe more and more counselling is being offered, but I am not aware of whether that offer is consistent across the industry or provided only by the better-performing companies.

I reassure the hon. Lady that the Government have engaged with disability organisations and will continue to do so. Last year I held a roundtable with organisations focused specifically on online abuse of people with disabilities, and next month I will chair a roundtable focusing on adults with learning disabilities. I really am very sorry if the Government have given the impression that we think these problems are confined to children and young people, because they most certainly are not, as the hon. Lady said eloquently in her speech. I completely agree. In fact, the organisations with whom I had the roundtable mostly represented adults, and the next one will be mostly about young adults with learning disabilities. That is what I will do to follow up the debate and the petition.

I want to say a few words about the online harms White Paper. I reiterate my earlier point that self-regulation has failed—the shadow Minister is right about that. We all agree on that, and that is why the Government will establish a new statutory duty of care to make companies take more responsibility for the safety and security of their users and tackle the harm caused by the content and activity on their services. Compliance with the duty of care will be overseen and enforced by an independent regulator. Companies will be held to account for tackling a comprehensive set of online harms, including behaviours that may or may not be illegal but none the less are highly damaging to individuals and threaten people’s rights online. The Government are consulting on the most appropriate enforcement powers for a regulator.

[Ian Austin in the Chair]

My right hon. Friend the Member for Arundel and South Downs, who is a former Policing Minister, mentioned the structure of policing and whether there are capability as well as resource issues. I should have mentioned that the White Paper is in fact a joint Home Office and DCMS White Paper. We have therefore had input from Home Office Ministers, and I will raise his point with them. [Interruption.] I am somewhat distracted by a lot of noise—I do not know where it is coming from.

[Ian Austin (in the Chair)]

They are cheering you on, Minister. Take it while you can.

[Margot James]

I see that we have had a change of Chair. It is a pleasure to serve under your chairmanship as well, Mr Austin.

Coming back to the point made by my right hon. Friend the Member for Arundel and South Downs, we intend that the new system of regulation will take some of the burden off the police and place it on to the tech companies. Those companies should be accountable for taking care of their users by eliminating such content, hopefully before it comes online but certainly very swiftly after it is reported.

The law in Germany, which the shadow Minister referred to, requires content to be taken down within 24 hours of companies knowing about it; if it is later than that, swingeing fines can be applied. We want to create an environment in which companies deal with matters themselves and use less and less of our valuable policing time for the privilege.

As I mentioned earlier, we have committed to developing a media literacy strategy—one of the proposals made by Glitch—to ensure that we have a co-ordinated and strategic approach to online media literacy education. We have published a statutory code of practice for social media providers about dealing with harmful contact, and we have consulted on the draft code with a variety of stakeholders, including people with disabilities. The code includes guidance on the importance of social media platforms having clear, accessible reporting processes and accessible information on their terms and conditions, highlighting the importance of consulting users when designing new software, new apps and new safety policies.

There has been some discussion about whether the law itself is adequate, particularly with regard to hate crime. I will say a few words about the Law Commission’s review. In February last year the Prime Minister announced that the Law Commission would undertake a review of current legislation on offensive communications to ensure that laws are up to date with technology. The Law Commission completed the first part of its review and published a report at the end of last year. It engaged with a range of stakeholders, including victims of online abuse, the charities that support them, legal experts and the Government. The report concluded that abusive communications are theoretically criminalised to the same or even greater degree than equivalent offline behaviours—I did not necessarily accept that verdict myself—but practical and cultural barriers mean that not all harmful online conduct is pursued through criminal law enforcement to the same extent that it is in an offline context. I think the consensus in this room is that that is definitely the case.

The Government are now finalising the details of the second phase of the Law Commission’s work. The Law Commission has been asked to complete a wide-ranging review of hate crime legislation in order to explore how to make hate crime legislation more effective, including whether it is effective in addressing crimes targeting someone because of their disability. I urge Members present and organisations that might be taking an interest in this debate to give their input to the review.

[Liam Byrne]

Before the Minister finishes, I am grateful for the opportunity to ask her whether she thinks that the Law Commission’s work is going to finish in time to allow her to bring a Bill before the House in the next Session.

[Margot James]

I am afraid that I cannot give the right hon. Gentleman that assurance. We are not sure when the next Session will commence, but I fear that the timing of the second phase of that work means that it will not be carried out in time to form the basis of much-needed changes to the law, which I hope the Law Commission will propose. We might have to wait until the following Session. Having said that, the Law Commission might have an opportunity to provide some interim results from its inquiries, and there is nothing to stop an hon. Member introducing a private Member’s Bill, should the opportunity arise, to look closely at the subject and bring something forward for debate.

This review of hate crime is very necessary. One of today’s contributions mentioned the fact that hate crime is aggravated by certain characteristics, including disability, but that might not go far enough. These matters and a review of hate crime are part of the remit of the second phase of the Law Commission’s work. I will also be suggesting to the Law Commission that it looks at the issue of online gender-based hate crime. As the hon. Member for West Ham mentioned, a significant amount of online abuse is misogynistic—it devalues women, it degrades them sexually and it amounts to gender-based hatred. There is a powerful case for women to be afforded the same legal protection against misogynistic online abuse as that given to people with other protected characteristics over which they have no control.

In conclusion, I thank Members for their thoughtful contributions and the Petitions Committee for the huge amount of work it has done on this vital subject. I look forward to continued engagement from across the House as we develop the proposals set out in the online harms White Paper.