Online Safety Bill

Richard Burgon Excerpts

Consideration of Lords amendments
Tuesday 12th September 2023 Commons Chamber

[Alex Davies-Jones (Pontypridd) (Lab)]

Before I address the amendments at hand, let me first put on record my thanks for the incredible efforts of our colleagues in the other place. The Bill has gone on a huge journey. The Government have repeatedly delayed its passage, and even went to great effort to recommit parts of the Bill to Committee in an attempt to remove important provisions on legal but harmful content. For those reasons alone, it is somewhat of a miracle that we have arrived at this moment, with a Bill that I am glad to say is in a much better place than when we last debated it here. That is thanks to the tireless work of so many individuals, charities and organisations, which have come together to coalesce around important provisions that will have a positive impact on people’s lives online.

Today, we have the real privilege of being joined by Ian Russell, Stuart Stephens, Emilia Stevens, Hollie Dance and Lisa Kenevan, who have all been impacted by losing a child at the hands of online harm. I want to take a moment to give my most heartfelt thanks to them all, and to the other families who have shared their stories, insights and experiences with colleagues and me as the Bill progressed. Today, in our thoughts are Archie, Isaac, Olly, Molly and all the other children who were taken due to online harm. Today, their legacy stands before us. We would not be here without you, so thank you.

We also could not have arrived at this point without the determination of colleagues in the other place, notably Baroness Kidron. Colleagues will know that she has been an extremely passionate, determined and effective voice for children throughout, and the Bill is stronger today thanks to her efforts. More broadly, I hope that today’s debate will be a significant and poignant moment for everyone who has been fighting hard for more protections online for many years.

It is good to see the Minister in his place. This is a complex Bill, and has been the responsibility of many of his colleagues since its introduction to Parliament. That being said, it will come as no surprise that Labour is pleased with some of the significant concessions that the Government have made on the Bill. Many stem from amendments the Opposition sought to make early on in the Bill’s passage. Although his Department’s press release may try to claim a united front, let us be clear: the Bill has sadly fallen victory to Tory infighting from day one. The Conservatives truly cannot decide if they are the party of protecting children or of free speech, when they should be the party of both. Sadly, some colleagues on the Government Benches have tried to stop the Bill in its tracks entirely, but Labour has always supported the need for it. We have worked collaboratively with the Government and have long called for these important changes. It is a welcome relief that the Government have finally listened.

Let me also be clear that the Bill goes some way to regulate the online space in the past and present, but it makes no effort to future-proof or anticipate emerging harms. The Labour party has repeatedly warned the Government of our concerns that, thanks to the Bill’s focus on content rather than social media platforms’ business models, it may not go far enough. With that in mind, I echo calls from across the House. Will the Minister commit to a review of the legislation within five years of enactment, to ensure that it has met their objective of making the UK the safest place in the world to be online?

[Richard Burgon (Leeds East) (Lab)]

My hon. Friend is making an important speech. It is clear that the Government want to tackle harmful suicide and self-harm content. It is also clear that the Bill does not go far enough. Does she agree that we should support Samaritans’ suggested way forward after implementation? We need the Government to engage with people with lived experience of suicide and self-harm, to ensure that the new legislation makes things better. If it is shown—as we fear—not to go far enough, new legislative approaches will be required to supplement and take it further, to ensure that the internet is as safe as possible for vulnerable people of all ages.

[Alex Davies-Jones]

I thank my hon. Friend for that intervention. He has been a passionate advocate on that point, speaking on behalf of his constituent Joe Nihill and his family for more protections in the Bill. It is clear that we need to know whether the legislation works in practice. Parliamentary oversight of that is essential, so I echo calls around the Chamber for that review. How will it take place? What will it look like? Parliament must have oversight, so that we know whether the legislation is fit for purpose.

--- Later in debate ---

[Dame Maria Miller (Basingstoke) (Con)]

This Bill may well have been with us since April 2021 and been subject to significant change, but it remains a Bill about keeping people safer online and it remains groundbreaking. I welcome it back after scrutiny in the Lords and join others in paying tribute to those who have campaigned for social media platforms to release information following the death of a child. I am pleased that some are able to be with us today to hear this debate and the commitment to that issue.

This will never be a perfect Bill, but we must recognise that it is good enough and that we need to get it on to the statute book. The Minister has helped by saying clearly that this is not the endgame and that scrutiny will be inherent in the future of this legislation. I hope that he will heed the comments of my hon. Friend the Member for Folkestone and Hythe (Damian Collins), who encouraged him to set up a bespoke Committee, which was one of the recommendations from the initial scrutiny of the Bill.

I will confine my remarks to the Government’s Lords amendment 263 and those surrounding it, which inserted the amendments I tabled on Report into the Bill. They relate to the sharing of intimate images online, including deepfakes, without consent. I wish wholeheartedly to say thank you to the Minister, who always listens intently, to the Minister of State, Ministry of Justice, my right hon. Friend the Member for Charnwood (Edward Argar), who has recently joined him, and to the Secretary of State for Science, Innovation and Technology. They have all not only listened to the arguments on intimate image abuse, but acted. The changes today are no less a testament to their commitment to this Bill than any other area. Focusing on children’s safety is very important, but the safety of adults online is also important. We started on a journey to address intimate image abuse way back in 2015, with the Criminal Justice and Courts Act 2015, and we have learned to provide that protection much better, mostly through the work of the Law Commission and its report on how we should be tackling intimate image abuse online.

The Bill, as it has been amended, has been changed fundamentally on the treatment of intimate image abuse, in line with the debate on Report in this place. That has created four new offences. The base offence removes the idea of intent to cause distress entirely and relies only on whether there was consent from the person appearing in the image. Two more serious offences do include intent, with one being sending an image with intent to cause alarm and distress. We also now have the offence of threatening to share an image, which will protect people from potential blackmail, particularly from an abusive partner. That will make a huge difference for victims, who are still overwhelmingly women.

In his closing comments, will the Minister address the gaps that still exist, particularly around the issue of the images themselves, which, because of the scope of the Bill, will not become illegal? He and his colleagues have indicated that more legislation might be in the planning stages to address those particular recommendations by the Law Commission. Perhaps he could also comment on something that the Revenge Porn Helpline is increasingly being told by victims, which is that online platforms will not remove an image even though it may have been posted illegally, and that will not change in the future. Perhaps he can give me and those victims who might be listening today some comfort that either there are ways of addressing that matter now or that he will address it in the very near future.

[Richard Burgon (Leeds East) (Lab)]

As we reflect on the Bill today, it is important to say that it has been improved as it has progressed through the Parliament. That is due in no small measure to Members from across the parties—both here and in the other place—who have engaged very collegiately, and to individuals and groups outside this place, particularly the Samaritans and those who have lived experience of the consequences of the dangers of the internet.

People from my constituency have also been involved, including the family of Joe Nihill, whom I have mentioned previously. At the age of 23, Joe took his own life after accessing dangerous suicide-related online content. His mother, Catherine, and sister-in-law, Melanie, have bravely campaigned to use the Online Safety Bill as an opportunity to ensure that what happened to Joe so tragically does not happen to others. I thank the Minister and his team for meeting Joe’s mother, his sister-in-law and me, and for listening to what we had to say. I recognise that, as a result, the Bill has improved, in particular with the Government’s acceptance of Lords amendment 391, which was first tabled by Baroness Morgan of Cotes. It is welcome that the Government have accepted the amendment, which will enable platforms to be placed in category 1 based on their functionality, even if they do not have a large reach. That is important, because some of the worst and most dangerous online suicide and self-harm related material appears on smaller platforms rather than the larger ones.

I also welcome the fact that the Bill creates a new communications offence of encouraging or assisting self-harm and makes such content a further priority for action, which is important. The Bill provides an historic opportunity to ensure that tackling suicide and self-harm related online content does not end with this Bill becoming law. I urge the Government to listen very carefully to what the Samaritans have said. As my hon. Friend the shadow Minister asked, will the Government commit to a review of the legislation to ensure that it has met the objective of making our country the safest place in the world in which to go online? Importantly, can the Government confirm when the consultation on the new offence of encouraging or assisting self-harm will take place?

As I mentioned in an intervention, it is clear that the Government want to tackle harmful suicide and self-harm related content with the Bill, but, as we have heard throughout our discussions, the measures do not go far enough. The Samaritans were correct to say that the Bill represents a welcome advance and that it has improved recently, but it still does not go far enough in relation to dangerous suicide and self-harm online content. How will the Government engage with people who have lived experience—people such as Melanie and Catherine—to ensure that the new laws make things better? Nobody wants the implementation of the Bill to be the end of the matter. We must redouble our efforts to make the internet as safe a place as possible, reflect on the experiences of my constituents, Joe Nihill and his family, and understand that there is a lot of dangerous suicide and self-harm related content out there. We are talking about people who exploit the vulnerable, regardless of their age.

I urge all those who are following the progress of the Bill and who look at this issue not to make the mistake of thinking that when we talk about dangerous online suicide and self-harm related content, it is somehow about freedom of speech. It is about protecting people. When we talk about dangerous online material relating to suicide and self-harm, it is not a freedom of speech issue; it is an issue of protecting people.

[Sir William Cash]

Has the hon. Gentleman noted, I hope with satisfaction, that the Government yesterday and today have made statements on a strategy for preventing suicide nationally, and that what he is saying—which I agree with—will be implemented? It has just been announced, it is very important and it is related to the Bill.

[Richard Burgon]

I thank the hon. Gentleman for his intervention. It is important that the Government have announced a strategy: it is part and parcel of the ongoing work that is so necessary when we consider the prevalence of suicide as the leading cause of death among young men and women. It is a scourge across society. People should not make the mistake of thinking that the internet merely showcases awful things. The internet has been used as a tool by exploitative and sometimes disturbed individuals to create more misery and more instances of awful things happening, and to lead others down a dangerous path that sometimes ends, sadly, in them taking their own lives.

I thank the Minister for his engagement with my constituents, and the shadow Minister for what she has done. I also thank Baroness Kidron, Baroness Morgan and hon. Members who have engaged with this issue. I urge the Government to see the Bill not as the end when it comes to tackling dangerous online content related to suicide and self-harm, but as part of an important ongoing journey that we all work on together.

[Siobhan Baillie (Stroud) (Con)]

I rise to speak to Lords amendment 231 on visible identity verification. I will not press the amendment to a vote. I have had several discussions with Ministers and the Secretary of State, and I am grateful for their time. I will explain a little more.

The dry nature of the amendment masks the fact that the issue of identity verification—or lack of it—affects millions of people around the country. We increasingly live our lives online, so the public being able to know who is or is not a real person online is a key part of the UK being the safest the place to be on the internet, which is the Bill’s ambition. Unfortunately, too often it feels as though we have to wade through nutters, bots, fake accounts and other nasties before coming to a real person we want to hear from. The Bill takes huge steps to empower users to change that, but there is more to do.

Hon. Members will recall that I have campaigned for years to tackle anonymous abuse. I thank Stroud constituents, celebrities and parents who have brought to me sad stories that I have conveyed to the House involving abuse about the deaths of babies and children and about disabled children. That is absolutely awful.

Alongside a smart Stroud constituent and Clean Up The Internet—a fantastic organisation—we have fought and argued for social media users to have the option of being verified online; for them to be able to follow and be followed only by verified accounts, if that is what they want; and, crucially, to make it clear who is and is not verified online. People can still be Princess Unicorn if they want, but at the back end, their address and details can be held, and that will give confidence.