Online Safety Bill

Munira Wilson Excerpts

2nd reading
Tuesday 19th April 2022 Commons Chamber

[Ms Dorries]

These online giants will be held accountable to their own terms and conditions. They will be unable any longer to allow illegal content to be published, and we will also be listing in secondary legislation offences that will be legal but harmful. We will be holding those tech giants to account.

[Munira Wilson (Twickenham) (LD)]

I thank the Secretary of State for giving way. She talked about how this Bill is going to protect children much more, and it is a welcome step forward. However, does she accept that there are major gaps in this Bill? For instance, gaming is not covered. It is not clear whether things such as virtual reality and the metaverse are going to be covered. [Interruption.] It is not clear and all the experts will tell us that. The codes of practice in the Bill are only recommended guidance; they are not mandatary and binding on companies. That will encourage a race to the bottom.

[Ms Dorries]

The duties are mandatory; it is the Online Safety Bill and the metaverse is included in the Bill. Not only is it included, but, moving forward, the provisions in the Bill will allow us to move swiftly with the metaverse and other things. We did not even know that TikTok existed when this Bill started its journey. These provisions will allow us to move quickly to respond.

--- Later in debate ---

[Dr Luke Evans (Bosworth) (Con)]

rose—

[Munira Wilson]

rose—

[Chris Philp]

I have so many points to reply to that I have to make some progress.

The Bill also enshrines, for the first time, free speech—something that we all feel very strongly about—but it goes beyond that. As well as enshrining free speech in clause 19, it gives special protection, in clauses 15 and 16, for content of journalistic and democratic importance. As my right hon. Friend the Secretary of State indicated in opening the debate, we intend to table a Government amendment—a point that my right hon. Friends the Members for Maldon and for Ashford (Damian Green) asked me to confirm—to make sure that journalistic content cannot be removed until a proper right of appeal has taken place. I am pleased to confirm that now.

We have made many changes to the Bill. Online fraudulent advertisers are now banned. Senior manager liability will commence immediately. Online porn of all kinds, including commercial porn, is now in scope. The Law Commission communication offences are in the Bill. The offence of cyber-flashing is in the Bill. The priority offences are on the face of the Bill, in schedule 7. Control over anonymity and user choice, which was proposed by my hon. Friend the Member for Stroud (Siobhan Baillie) in her ten-minute rule Bill, is in the Bill. All those changes have been made because this Government have listened.

Let me turn to some of the points made from the Opposition Front Bench. I am grateful for the in-principle support that the Opposition have given. I have enjoyed working with the shadow Minister and the shadow Secretary of State, and I look forward to continuing to do so during the many weeks in Committee ahead of us, but there were one or two points made in the opening speech that were not quite right. This Bill does deal with systems and processes, not simply with content. There are risk assessment duties. There are safety duties. There are duties to prevent harm. All those speak to systems and processes, not simply content. I am grateful to the Chairman of the Joint Committee, my hon. Friend the Member for Folkestone and Hythe (Damian Collins), for confirming that in his excellent speech.

If anyone in this House wants confirmation of where we are on protecting children, the Children’s Commissioner wrote a joint article with the Secretary of State in the Telegraph—I think it was this morning—confirming her support for the measures in the Bill.

When it comes to disinformation, I would make three quick points. First, we have a counter-disinformation unit, which is battling Russian disinformation night and day. Secondly, any disinformation that is illegal, that poses harm to children or that comes under the definition of “legal but harmful” in the Bill will be covered. And if that is not enough, the Minister for Security and Borders, who is sitting here next to me, intends to bring forward legislation at the earliest opportunity to cover counter-hostile state threats more generally. This matter will be addressed in the Bill that he will prepare and bring forward.

I have only four minutes left and there are so many points to reply to. If I do not cover them all, I am very happy to speak to Members individually, because so many important points were made. The right hon. Member for Barking asked who was going to pay for all the Ofcom enforcement. The taxpayer will pay for the first two years while we get ready—£88 million over two years—but after that Ofcom will levy fees on these social media firms, so they will pay for regulating their activities. I have already replied to the point she rightly raised about smaller but very harmful platforms.

My hon. Friend the Member for Meriden (Saqib Bhatti) has been campaigning tirelessly on the question of combating racism. This Bill will deliver what he is asking for.

The hon. Member for Batley and Spen (Kim Leadbeater) and my hon. Friend the Member for Watford (Dean Russell) asked about Zach’s law. Let me take this opportunity to confirm explicitly that clause 150—the harmful communication clause, for where a communication is intended to cause psychological distress—will cover epilepsy trolling. What happened to Zach will be prevented by this Bill. In addition, the Ministry of Justice and the Law Commission are looking at whether we can also have a standalone provision, but let me assure them that clause 150 will protect Zach.

My right hon. Friend the Member for Maldon asked a number of questions about definitions. Companies can move between category 1 and category 2, and different parts of a large conglomerate can be regulated differently depending on their activities. Let me make one point very clear—the hon. Member for Bristol North West (Darren Jones) also raised this point. When it comes to the provisions on “legal but harmful”, neither the Government nor Parliament are saying that those things have to be taken down. We are not censoring in that sense. We are not compelling social media firms to remove content. All we are saying is that they must do a risk assessment, have transparent terms and conditions, and apply those terms and conditions consistently. We are not compelling, we are not censoring; we are just asking for transparency and accountability, which is sorely missing at the moment. No longer will those in Silicon Valley be able to behave in an arbitrary, censorious way, as they do at the moment—something that Members of this House have suffered from, but from which they will no longer suffer once this Bill passes.

The hon. Member for Bristol North West, who I see is not here, asked a number of questions, one of which was about—[Interruption.] He is here; I do apologise. He has moved—I see he has popped up at the back of the Chamber. He asked about codes of practice not being mandatory. That is because the safety duties are mandatory. The codes of practice simply illustrate ways in which those duties can be met. Social media firms can meet them in other ways, but if they fail to meet those duties, Ofcom will enforce. There is no loophole here.

When it comes to the ombudsman, we are creating an internal right of appeal for the first time, so that people can appeal to the social media firms themselves. There will have to be a proper right of appeal, and if there is not, they will be enforced against. We do not think it appropriate for Ofcom to consider every individual complaint, because it will simply be overwhelmed, by probably tens of thousands of complaints, but Ofcom will be able to enforce where there are systemic failures. We feel that is the right approach.

I say to the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard) that my right hon. Friend the Minister for Security and Borders will meet him about the terrible Keyham shooting.

The hon. Member for Washington and Sunderland West (Mrs Hodgson) raised a question about online fraud in the context of search. That is addressed by clause 35, but we do intend to make drafting improvements to the Bill, and I am happy to work with her on those drafting improvements.

I have been speaking as quickly as I can, which is quite fast, but I think time has got away from me. This Bill is groundbreaking. It will protect our citizens, it will protect our children—[Hon. Members: “Sit down!”]—and I commend it to the House.

Question put and agreed to.

Bill accordingly read a Second time.

Online Safety Bill

Munira Wilson Excerpts

Report stage
Tuesday 12th July 2022 Commons Chamber

Technology moves very quickly, so personally I would welcome an annual debate on areas that may need improvement. Now that we are outside the European Union and have autonomy, those are the kinds of things that we must decide in this Chamber.

[Munira Wilson (Twickenham) (LD)]

I rise to speak to new clauses 25 and 26 in my name. The Government rightly seek to make the UK the safest place in the world to go online, especially for our children, and some of their amendments will start to address previous gaps in the Bill. However, I believe that the Bill still falls short in its aim not only to protect children from harm and abuse, but, importantly, to empower and enable young people to make the most of the online world.

I welcome the comments that the right hon. and learned Member for Kenilworth and Southam (Sir Jeremy Wright) made about how we achieve the balance between rights and protecting children from harm. I also welcome his amendments on children’s wellbeing, which seek to achieve that balance.

With one in five children going online, keeping them safe is more difficult but more important than ever. I speak not only as the mother of two very young children who are growing up with iPads in their hands, but as—like everyone else in the Chamber—a constituency Member of Parliament who speaks regularly to school staff and parents who are concerned about the harms caused by social media in particular, but also those caused by games and other services to which children have access.

The Bill proffers a broad and vague definition of content that is legal yet harmful. As many have already said, it should not be the responsibility of the Secretary of State, in secondary legislation, to make decisions about how and where to draw the line; Parliament should set clear laws that address specific, well-defined harms, based on strong evidence. The clear difficulty that the Government have in defining what content is harmful could have been eased had the Bill focused less on removing harmful content and more on why service providers allow harmful content to spread so quickly and widely. Last year, the 5Rights Foundation conducted an experiment in which it created several fake Instagram profiles for children aged between 14 and 17. When the accounts were searched for the term “skinny”, while a warning pop-up message appeared, among the top results were

“accounts promoting eating disorders and diets, as well as pages advertising appetite-suppressant gummy bears.”

Ultimately, the business models of these services profit from the spread of such content. New clause 26 requires the Government and Ofcom to focus on ensuring that internet services are safe by design. They should not be using algorithms that give prominence to harmful content. The Bill should focus on harmful systems rather than on harmful content.

[Damian Collins]

It does focus on systems as well as content. We often talk about content because it is the exemplar for the failure of the systems, but the systems are entirely within the scope of the Bill.

[Munira Wilson]

I thank the Minister for that clarification, but there are still many organisations out there, not least the Children’s Charities Coalition, that feel that the Bill does not go far enough on safety by design. Concerns have rightly been expressed about freedom of expression, but if we focus on design rather than content, we can protect freedom of expression while keeping children safe at the same time. New clause 26 is about tackling harms downstream, safeguarding our freedoms and, crucially, expanding participation among children and young people. I fear that we will always be on the back foot when trying to tackle harmful content. I fear that regulators or service providers will become over-zealous in taking down what they consider to be harmful content, removing legal content from their platforms just in case it is harmful, or introducing age gates that deny children access to services outright.

Of course, some internet services are clearly inappropriate for children, and illegal content should be removed—I think we all agree on that—but let us not lock children out of the digital world or let their voices be silenced. Forty-three per cent. of girls hold back their opinions on social media for fear of criticism. Children need a way to exercise their rights. Even the Children’s Commissioner for England has said that heavy-handed parental controls that lock children out of the digital world are not the solution.

I tabled new clause 25 because the Bill’s scope, focusing on user-to-user and search services, is too narrow and not sufficiently future-proof. It should cover all digital technology that is likely to be accessed by children. The term

“likely to be accessed by children”

appears in the age-appropriate design code to ensure that the privacy of children’s data is protected. However, that more expansive definition is not included in the Bill, which imposes duties on only a subset of services to keep children safe. Given rapidly expanding technologies such as the metaverse—which is still in its infancy—and augmented reality, as well as addictive apps and games that promote loot boxes and gambling-type behaviour, we need a much more expansive definition

[Mr Deputy Speaker (Mr Nigel Evans)]

I am grateful to the right hon. Member for Kingston upon Hull North (Dame Diana Johnson) for keeping her powder dry and deferring her speech until the next group of amendments, so Members now have five minutes each.