Online Harms

Richard Burgon Excerpts

Wednesday 26th October 2022 Westminster Hall

[Richard Burgon (Leeds East) (Lab)]

It is a real pleasure to serve under your chairship, Mr Dowd. I congratulate the right hon. Member for East Hampshire (Damian Hinds) on securing this important debate. Many people will be watching who have taken a keen interest in the Online Safety Bill, which is an important piece of legislation, and the opportunities it offers to protect people from harmful, dangerous online content. I also welcome the Minister to his place. I am sure he will listen carefully to all the contributions.

My interest in the Bill is constituency based. I was approached by the family of a young man from my constituency called Joe Nihill, a popular former Army cadet who sadly took his own life at the age of 23 after accessing harmful online content related to suicide. Joe’s mother Catherine and sister-in-law Melanie have run an inspiring campaign, working with the Samaritans to ensure that the law is changed. In the note Joe left before he sadly took his life, he referred to such online content. One of his parting wishes was that what happened to him would not happen to others.

I want to ensure that the Minister and the Government take full opportunity of the Bill, so let me talk briefly about two amendments that might strengthen it. We want to protect people of all ages, and ensure that smaller online platforms as well as the larger ones are covered. Two related amendments have been tabled: amendment 159 by the hon. Member for Aberdeen North (Kirsty Blackman) and proposed new clause 16 by the right hon. Member for Haltemprice and Howden (Mr Davis). I know that they are backed by the Samaritans and the inspiring campaigners from my constituency.

Amendment 159, relating to protecting people of all ages, addresses the point that clearly harmful suicide and self-harm content can be accessed by over-18s, and vulnerable people are not limited to those under 18 years of age. Joe Nihill was 23 when he sadly took his own life after accessing such content.

As it is currently drafted, the Bill’s impact assessment states that of the platforms in scope

“less than 0.001% are estimated to meet the Category 1 and 2A thresholds”.

It is estimated that only 20 platforms will be required to fulfil category 1 obligations. If the Bill is enacted in its current form, unamended, then smaller platforms, where some of the most harmful suicide and self-harm content can be found, will not even need to consider the risk that any harmful but legal content on their site poses to adult users. Amendment 159 presents a real opportunity for the Government to close a loophole and further improve the legislation to ensure that people of all ages are protected.

The issue is so relevant. Between 2011 and 2015, 151 people who died by suicide were known to have visited websites that encouraged suicide or shared information about methods of harm, and 82% of those people were over 25. The Government must retain regulation of harmful but legal content, but they should extend the coverage of the Bill to smaller platforms where some of the most harmful suicide and self-harm content can be found. I urge the Government to carefully consider and adopt amendment 159.

Finally on closing all the related loopholes in the Bill, new clause 16 tabled by the right hon. Member for Haltemprice and Howden would create a new communications offence of sending a message encouraging or assisting another person to self-harm. That offence is crucial to ensuring that the most harmful self-harm content is addressed on all platforms. As the Minister knows, Samaritans was pleased that the Government agreed in principle to create a new offence of encouraging or assisting self-harm earlier this year. That new offence needs to be created in time to be part of this legislation from the outset. We do not want to miss this opportunity. The Law Commission has made recommendations in this regard.

I urge the Government to make sure that the Bill takes all possible opportunities. I know that the Minister is working hard on that, as the right hon. Member for East Hampshire said. I plead with the Minister to accept amendment 159 and new clause 16, so that we do not miss the opportunity to ensure that people over 18 are protected by the legislation and that even the smaller platforms are covered.

The Bill, which will come back before the House next week, is a historic opportunity, and people across the country have taken a close interest in it. My two constituents, Catherine and Melanie, are very keen for the Government not to miss this opportunity. I know that the Minister takes it very seriously and I look forward to his response, which I hope will include reassuring words that the amendments on over-18s and smaller platforms will both be adopted when the Bill returns next week.

[Peter Dowd (in the Chair)]

The Front-Bench speeches will begin at 3.28 pm and quite a number of people still wish to speak. I will not impose a formal limit, but if Members could keep to three to four minutes that would be helpful.