Children’s Social Media Accounts

Monica Harding Excerpts

Monday 13th January 2025 Westminster Hall

[Caroline Voaden]

No, I do not believe that goes far enough. There should be a legal right to access that data without having to go through any complaints process, particularly at a time when one is struggling with the worst bereavement imaginable.

The petition seeks to address that gap in law and ensure that, in the tragic event of a child’s death, parents have the right to access their child’s account to gain closure, to preserve memories and to ensure that harmful content is removed. I support the addition of Jools’ law into the Online Safety Act, and I urge the Government to do whatever they can to apply it retrospectively for those who have campaigned on this issue.

What Ellen’s family have been through is the absolute worst imaginable, but tens of thousands of families up and down the country are struggling with the impact of social media on their children and teenagers. Those children are addicted to their screens because of the wicked algorithms that lure them in; cowed by bullies who can intimidate them in their own bedrooms late at night; struggling with their body image because they do not look like the influencers they watch; depressed because their lives do not resemble the doctored, airbrushed Instagram image of perfection; and brainwashed by influencers who spew toxic messages through their pages.

The damaging impact of social media on our children is vast. Medical professionals from all disciplines tell us regularly of the harms children are experiencing from hour after hour spent glued to a screen. Their physical health is damaged, their mental health even more so, and even their ability to communicate and socialise with other humans is changing.

[Monica Harding (Esher and Walton) (LD)]

Does my hon. Friend agree that it is about not only mental health harm, but inattention? I speak to many headteachers in my constituency who tell me that children are unable to concentrate any more because of hours spent on their screen. Would she agree that the Government study announced in November that seeks to explore that issue further should be published soon, because every day and every year we leave it, more children are at risk of harm?

[Caroline Voaden]

I could not agree more. What is becoming obvious is the impact of children being on their phones late at night, which affects their sleep—even that has a knock-on effect on how well they can operate.

Parents across my South Devon constituency are desperate to protect their children, but they are overwhelmed by the digital world and the power it has over young people. They need legislation to empower and support them. The NSPCC reports that over 60% of young people have encountered online bullying. That is a staggering number, highlighting the need for more robust protections from us for children in the digital space.

It is clear that we need more robust protection, and it is incumbent on us as lawmakers to protect children as we do from other harms such as tobacco and alcohol. It may be right that parents should not have access to their teenager’s social media because of privacy reasons and to protect children’s ability to seek support online, but that makes it even more important and urgent that social media companies should be required and obliged to take responsibility for watertight age verification, and that we should look seriously at raising the age of access to some social media platforms to 16.

I urge the Government to work with social media companies and other stakeholders to create a clear and respectful framework that allows parents access to their child’s social media accounts after a death with no questions asked. This is not about data protection; this is about ensuring that families can concentrate on grieving and healing rather than going into battle against the world’s tech giants.

It is abominable that any bereaved parent should have to do what Ellen and other campaigners are doing. I urge the Minister to legislate so that that does not happen again. I commend the Petitions Committee for bringing this debate to the House and the hon. Member for Sunderland Central for introducing it.

--- Later in debate ---

[Alistair Strathern (Hitchin) (Lab)]

It is a pleasure to serve under your chairship, Mr Twigg, and to debate such a powerful and moving topic.

I want to start, as more or less everyone in this room has done, by paying tribute to Ellen for her tireless campaigning work. I cannot come close to comprehending the pain that the death of Jools must have caused you, even before it was exacerbated and extended by the lack of closure when social media companies refused to give you access to data that could help to explain what happened to him and when collectively, as a society, we showed ourselves impotent to compel them to do so. Your ability to turn that pain and that love into such a powerful petition and call for action, which motivated so many parents in my Hitchin constituency to sign up to it too, is a true inspiration to so many of us in the room. Just as we are inspired by you, we are inspired by the many families here with you today as part of the Bereaved Families for Online Safety support group, which has been doing so much important campaign work on the issue.

It is pretty clear to all of us who have spoken today that for far too long we have tolerated a belief that online harm is too tricky and too practically infeasible to regulate in the same way that we would regulate every other form of harm to which a young person could be exposed, often in contexts in which as legislators we have historically been more comfortable getting involved. We cannot tolerate that state of affairs any longer. Although there have been some steps forward, which are to be welcomed and which I will touch on shortly, the petition highlights several areas in which it is clear that we need to consider going further to ensure that we are all living up to our duty to do everything we can to protect young people right across society.

Both as a teacher and as a children’s social lead, I got to see at first hand some of the very real ways in which young people can be exposed to harm by our failure to act on the issue of social media and online harm over the past decade. As an MP now, I am always struck by the fact that, heartbreakingly, whenever I do an assembly, even in a lower school or a primary school, almost without fail there will be one young person, and often several, who will raise their hand and talk to me about an example where they have been made to feel unsafe or at risk online and ask what I, as their MP, am going to do about it. I know that urgency to act is felt by so many colleagues across party boundaries, both in this Hall today and across the House.

The petition focuses on particular aspects where we could do more to ensure that parents have both the right ability to provide oversight for children on social media and access to really important data after bereavement. I know that, following the petition, there has been some important progress from the Online Safety Act to give some powers to coroners and to Ofcom to ensure that in certain circumstances they can support parents’ ability to access that data, but as colleagues have pointed out, there are clear areas in which it does not go far enough.

As my hon. Friend the Member for Sunderland Central (Lewis Atkinson) set out, it is pretty clear that at the moment some ambiguity in the legal position is being used as an excuse by social media companies not to act. We should not tolerate that; we should do all we can, hopefully as a Government, to clarify the position. Collectively, we should not be letting social media companies off the hook for not doing everything in their power to give the families access to the data where no right-minded individual could see any reason not to and where no right-minded individual or agency is likely to seek recourse against them for doing so. So many Members have rightly pointed out that that feels like an excuse, not a reason, to fail to disclose data. We should not tolerate that excuse from companies that we come into contact with in our work as representatives.

However, as has rightly been pointed out, it is important that we do not just look at this issue in the context of the existing legislation. We know that there are very real risks after bereavement that the data could be deleted. As my hon. Friend the Member for Darlington (Lola McEvoy) pointed out, thinking about ways in which we can compel earlier notification to Ofcom and to social media companies and online platforms that can have that data in order to remove that risk at source is surely a common-sense way of ensuring that that risk to getting justice and getting closure can be closed off.

Moreover, the petitioner and many others rightly point out and ask us to reflect on the fact that if we are really interested in child safeguarding and keeping young people safe, it simply cannot be only after a tragedy, after bereavement, that the opportunity for parental oversight and involvement takes place. My hon. Friend the Member for Sunderland Central rightly set out some of the very real and justified concerns that children’s charities and advocates have about unfettered and complete access, but as many other Members have set out, that should not be the case. It should not be beyond us to reason and think through how, in exactly the same way that parents provide oversight over every other aspect of a young person’s life, they can have access to the best and most sensible ways to do so on this platform, too. As the right hon. Member for East Hampshire (Damian Hinds) pointed out, thinking about the age at which young people can meaningfully and rightfully consent to opting out of parental oversight has to be part of that process.

It is fair to say that a few hon. Members are concerned that the implementation of the Online Safety Act, as it is currently envisaged and as some of Ofcom’s recent publications show, may fall short of doing justice to the importance of the issues. Whether it is considering what more we can do to protect young people from imagery and content relating to suicide and self-harm on social media, ensuring that we do not tolerate technical infeasibility as an excuse for tech companies not to act on the most egregious forms of harm, or having well-intentioned and important conversations about the right age of consent, to which many Members have alluded today, there is clearly a lot more that we can do collectively.

[Monica Harding]

Will the hon. Member go further and say that Ofcom’s implementation so far has been weak, overly cautious and fundamentally disappointing? Does he concur that it is unfair to put parents in the intolerably pressured situation of being the policemen of their children’s social media activity?

[Alistair Strathern]

Some aspects of how Ofcom has said it will take these matters forward are to be welcomed, but I absolutely agree with the underlying sentiment of the hon. Lady’s comment. Currently, what has been set out does not go anywhere near far enough. As representatives of our communities and of the families who want to do everything possible to keep young people safe from online harm, it is our responsibility to ensure that we are holding Ofcom accountable for being far more ambitious about how it can most creatively and robustly deploy the powers that we are giving it to keep young people safe.