ONLINE SAFETY BILL (Third sitting)

Rachel Maclean Excerpts

Committee stage (re-committed clauses and schedules)
Thursday 15th December 2022 Public Bill Committees

[Caroline Ansell (Eastbourne) (Con)]

I rise to recognise the spirit and principle behind new clause 9, while, of course, listening carefully to the comments made by my hon. Friend the Member for Folkestone and Hythe. He is right to raise those concerns, but my question is: is there an industry-specific way in which the same responsibility and liability could be delivered?

I recognise too that the Bill is hugely important. It is a good Bill that has child protection at its heart. It also contains far more significant financial penalties than we have previously seen—as I understand it, 10% of qualifying revenue up to £18 million. This will drive some change, but it comes against the backdrop of multi-billion-pound technology companies.

I would be interested to understand whether a double lock around the board-level responsibility might further protect children from some of the harrowing and harmful content we see online. What we need is nothing short of transformation and significant culture change. Even today, The Guardian published an article about TikTok and a study by the Centre for Countering Digital Hate, which found that teenagers who demonstrated an interest in self-harm and eating disorders were having algorithms pushing that content on to them within minutes. That is most troubling.

We need significant, serious and sustained culture change. There is precedent in other sectors, as has been mentioned, and there was a previous recommendation, so clearly there is merit in this. My understanding is that there is strong public support, because the public recognise that this new responsibility cannot be strengthened by anything other than liability. If there is board-level liability, that will drive priorities and resources, which will broker the kind of change we are looking for. I look forward to what the Minister might share today, as this has been a good opportunity to bring these issues into further consideration, and they might then be carried over into subsequent stages of this excellent Bill.

[Rachel Maclean (Redditch) (Con)]

I would like to build on the excellent comments from my colleagues and to speak about child sexual abuse material. I thank my hon. Friends the Members for Penistone and Stocksbridge (Miriam Cates) and for Stone for tabling the amendment. I am very interested in how we can use the excellent provisions in the Bill to keep children safe from child sexual abuse material online. I am sure the Committee is aware of the devastating impact of such material.

Sexual abuse imagery—of girls in particular—is increasingly prevalent. We know that 97% of this material in 2021 showed female children. The Internet Watch Foundation took down a record-breaking 252,000 URLs that had images of children being raped, and seven in 10 of those images were of children aged 11 to 13. Unfortunately, the National Crime Agency estimates that between 550,000 and 850,000 people in the UK are searching for such material on the internet. They are actively looking for it, and at the moment they are able to find it.

My concern is with how we use what is in the Bill already to instil a top-down culture in companies, because this is about culture change in the boardroom, so that safety is considered with every decision. I have read the proceedings from previous sittings, and I recognise that the Government and Ministers have said that we have sufficient provisions to protect children, but I think there is a little bit of a grey area with tech companies.

I want to mention Apple and the update it was planning for quite a few years. There was an update that would have automatically scanned for child sex abuse material. Apple withdrew it following a backlash from encryption and privacy experts, who claimed it would undermine the privacy and security of iCloud users and make people less safe on the internet. Having previously said that it would pause it to improve it, Apple now says that it has stopped it altogether and that it is vastly expanding its end-to-end encryption, even though law enforcement agencies around the world, including our own UK law enforcement agencies, have expressed serious concerns because it makes investigations and prosecution more challenging. All of us are not technical experts. I do not believe that we are in a position to judge how legitimate it is for Apple to have this pause. What we do know is that while there is this pause, the risks for children are still there, proliferating online.

We understand completely that countering this material involves a complicated balance and that the tech giants need to walk a fine line between keeping users safe and keeping their data safe. But the question is this: if Apple and others continue to delay or backtrack, will merely failing to comply with an information request, which is what is in the Bill now, be enough to protect children from harm? Could they delay indefinitely and still be compliant with the Bill? That is what I am keen to hear from the Minister. I would be grateful if he could set out why he thinks that individuals who have the power to prevent the harmful content that has torn apart the lives of so many young people and their families should not face criminal consequences if they fail to do so. Can he reassure us as to how he thinks that the Bill can protect so many children—it is far too many children—from this material online?

[Alex Davies-Jones]

Labour supports new clause 9, as liability is an issue that we have repeatedly raised throughout the passage of the Bill—most recently, on Report. As colleagues will be aware, the new clause would introduce criminal liabilities for directors who failed to comply with their duties. This would be an appropriate first step in ensuring a direct relationship between senior management of platforms and companies, and their responsibilities to protect children from significant harm. As we have heard, this measure would drive a more effective culture of awareness and accountability in relation to online safety at the top of and within the entire regulated firm. It would go some way towards ensuring that online safety was at the heart of the governance structures internally. The Bill must go further to actively promote cultural change and put online safety at the forefront of business models; it must ensure that these people are aware that it is about keeping people safe and that that must be at the forefront, over any profit. A robust corporate and senior management liability scheme is needed, and it needs to be one that imposes personal liability on directors when they put children at risk.

The Minister knows as well as I do that the benefits of doing so would be strong. We have only to turn to the coroner’s comments in the tragic case of Molly Russell’s death—which I know we are all mindful of as we debate this Bill—to fully understand the damaging impact of viewing harmful content online. I therefore urge the Minister to accept new clause 9, which we wholeheartedly support.