Catfishing and Social Media

Matt Hancock 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.

[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.