Draft Online Safety Bill Report

Nickie Aiken Excerpts

Thursday 13th January 2022 Commons Chamber

[Nickie Aiken (Cities of London and Westminster) (Con)]

This is a comprehensive, thoughtful and constructive report, and I pay tribute to my hon. Friend the Member for Folkestone and Hythe (Damian Collins) and his Committee for their tireless work.

Generally speaking, I welcome the work to tackle online abuse. In particular, I note the contribution made by my hon. Friend the Member for Stroud (Siobhan Baillie) and the vital work on preventing cyber-flashing by my hon. Friend the Member for Brecon and Radnorshire (Fay Jones). In my previous contributions on this subject, I have noted some horrific examples of antisemitic abuse, which for me underscore the importance of what this Bill will do. We cannot continue in a world where there are nearly two antisemitic tweets for every Jewish person in the UK. Measures to tackle that are central to the Bill and rightly take pride of place within it.

However, in the time I have available I will speak on an issue that has not always been front and centre of the debate: online fraud. City of London Police, based in my constituency, is the national lead for economic and cyber-crime and for fraud. Its contributions to the Committee, alongside those of the Office of the City Remembrancer, cannot be overstated. It was made clear in the Joint Committee report that fraud and cyber-crime are on an upward trajectory, affecting more people more often than any other crime today.

We know that fraudsters are increasingly sophisticated. They are always looking for the next chink in our digital armour, so I am glad that paragraph 186 of the report makes it clear that we need to act on the human consequences of online fraud—not just the financial effects, but the psychological effects. Unfortunately, I suspect that the covid pandemic may have been one of the triggers for the increase in sophisticated cases of, for instance, online romance fraud.

It is therefore right that we have moved beyond the scope of the White Paper to include fraud in the Bill. Now we must ask ourselves how we as legislators can effectively tackle online fraud in this Bill, recognising that acknowledging online fraud is a first step, but behind that acknowledgment there must be robust recommendations and proposals to ensure safety. This is not about paying lip service to stopping online fraud. The forthcoming Bill cannot stop at being simply reactive, and the Committee is right that any measures to counteract fraud must prioritise prevention.

It is not enough for providers simply to undertake a risk assessment for fraudulent content and take down that content when reported. To combat online fraud effectively, we need legislation that requires platform operators to be proactive in stopping fraudulent material in the first instance—not simply removing it when people tell them about it. I welcome the recommendations that clause 41(4) be amended to add an offence of fraud and similarly that related clauses be introduced or amended so that companies are required to address it proactively.

Alongside that, the draft Bill’s proposals explicitly exclude paid-for advertising from the scope of the legislation, which would undermine any meaningful effort to properly combat all online fraud in the Bill and potentially create a loophole for criminals to circumvent legislation. As such, I support the Committee’s recommendations in paragraphs 268 to 271 of the report, which would bring such advertising into scope. This would make sure that Ofcom is responsible for acting against service providers who consistently allow paid-for advertising that creates a risk of harm to their platforms.

I know that the Government will respond with strength on this issue, and I welcome the Minister’s meetings with me to discuss it in full. I am glad to see such widespread support in this place for the report. I am in no doubt that we need to protect our citizens against aggressive and malicious abuses of technology. It is now or never.