Digital Economy Bill

Thangam Debbonaire Excerpts

Wednesday 26th April 2017 Commons Chamber

[Claire Perry]

I want to make three points, and I will not detain the House for too long. First, I want to set out for the benefit of the Front Benchers the concern that I still feel about some definitional points; secondly, I want to talk about how far we have come; and, thirdly, I want to echo what has been said about how cross-party working can deliver in this place.

Both Ministers have received a letter from me on the part 3 amendments. I understand how we have reached the current position. We expressed concern during various briefings about the fact that definitional questions about the difference between “prohibited” and “extreme” were not thrashed out in Committee. I commend Ministers for the very productive Committee proceedings. Despite what the Opposition Front-Bench team have said, I think that the Bill was greatly improved by the current ministerial team, who showed a real willingness to engage, listen and improve the Bill. I feel strongly that we are in a much better place after Committee than we were when we started.

We have had concerns about the definition of “prohibited material”, which is now a clear, appropriate and workable definition guided by five different statutes, one of which is the Obscene Publications Act 1959. That Act gave rise to the concern about whether certain acts—I will not trouble Hansard to check whether certain terms are permissible; I will simply not use them—that were once considered to be illegal are no longer considered to be so, and thus should not be captured by the definition of “prohibited”. I think that the concern over those very specific items led the Government to narrow the focus too much to a definition of extreme pornography. That definition leaves in the middle a lot of material that is not currently captured by statute, but is considered to be anything from life-threatening, at worst, to damaging at best.

By my reading, the definition of extreme pornography makes space for two things: all but the most extreme forms of sexual violence—by that I am referring to choking pornography and multiple sexual acts on one woman or man—and non-photographic child sexual images, including animation. The latter particularly concerns us, because we have all worked hard to ensure that this whole area is outlawed, without any discussion of what is permissible. I think we would all support the complete removal of that whole area from the internet.

[Thangam Debbonaire (Bristol West) (Lab)]

It was a great privilege to work with the hon. Lady on the Committee. Does she share my concern that we do not yet have enough information or clear, research-based evidence about the long-term impact of viewing or appearing in all sorts of different types of pornography?

[Claire Perry]

The hon. Lady has worked assiduously in this area, and I thank her for our many conversations and the improvements that we have made together to the Bill. She is quite right: in some ways we are conducting an experiment with the unknown, in terms of child-rearing and the way in which young people absorb information about the world. It is not for me to stand here and pontificate about what might or might not be harmful, but according to research that Care and others have shared with me, when people are shown images of activities that will now be permitted behind an age verification screen, between 74% and 81% favour preventing any access to them. That is the joint response from men and women, although unsurprisingly women have a stronger sense that such images should not be visible to any age group.

--- Later in debate ---

[Claire Perry]

I appreciate the Minister’s comments, and he neatly anticipates what I was going to say: I have no intention of causing trouble at this stage, because he has assured us from the Dispatch Box and in meetings of his firm commitment to making sure that these definitional questions are resolved in such a way as to enable all parties to support them.

[Thangam Debbonaire]

I thank the hon. Lady for giving way a second time. I want to put on record a further concern that I raised by tabling a probing amendment in Committee, but that remains unresolved. Regardless of the appearance of the acts, I am concerned about the welfare and safety of people who may have been coerced, forced or violently pushed into appearing in pornography. We may not be able to tell whether that is the case from viewing such material, and I am very concerned about the effect that that can have.

[Claire Perry]

The hon. Lady raises an important point about such material, which is easily available and, in some cases, marketed for commercial purposes. Many of us believe—evidence is emerging to back this up—that it may be extremely damaging to people who view it, particularly if they are underage, as well as to those who are coerced into performing such acts. I hope that the hon. Lady shares my relief and satisfaction about the fact that Ministers accept that, and that they are prepared to continue to consider the question of who this material is harmful to.

That brings me neatly to my second point, which is to emphasise quite how far we have come. I pay tribute to many colleagues, some of whom are not in the Chamber. Some, like the right hon. Member for Slough (Fiona Mactaggart), are standing down. With me, she led the cross-party inquiry into the original question about what we should do in this space. In the face of much prevarication and pushback—not from within this place, but primarily from the industry—we managed to deliver a result that was effective and proportionate. I thank all colleagues, including Ministers and shadow Ministers, for continuing to work with such commitment.

I want to refer to the recent conversations that my right hon. Friend the Home Secretary has had about banning extremist material or making its dissemination more difficult. In this space, none of us is a technological expert—with the exception of my hon. Friend the Member for Mid Worcestershire (Nigel Huddleston), who can probably claim to be one—but I think that we understand what our constituents want. Whenever we want to change something in this space, we get the response, “Oh, don’t trouble your little heads about the internet,” or, “You innocent people know nothing about this, so how can you possibly stand up and talk about stopping extremist material or preventing children from accessing material online? You do not really understand that the internet is a special place and it should be different.” I have never understood why we should allow the internet to be a special form of content dissemination when we willingly accept self-regulation and Government regulation of other forms of media distribution.

What has been so good about the journey we have been on since 2012 is that we have seen an increase in corporate social responsibility, as my hon. Friend said. We have seen internet service providers—led, I might say, by TalkTalk and Sky, which were then joined rapidly by the others—really going out there to put in place family-friendly filters and to invest in education about online safety. I was delighted to see that the proposed changes for PSHE—personal, social and health and economic education—include conversations about how our young people can be safe digital citizens online.

I want to report back from a visit I recently conducted to the wonderful Internet Watch Foundation in Cambridge. It has benefited substantially from increased funding from the industry as the result of the work that we have all done. That work has enabled it to go into places such as the dark web, where it knows that people are exchanging child abuse imagery, and to block that material and take it down. It is extremely grateful for the work the Government have continued to do and the support it has received from right across the House.

However, I share the concerns raised by my hon. Friend. I still think that companies out there are hiding behind their legal jurisdiction in the United States, and therefore their adherence, as it were, to a very different set of freedom of speech standards. Secondly, they are giving the slightly shoulder-shrugging response, “Well, if you make it illegal, we will comply,” which is not the way to build Government and consumer confidence in their platforms. I am afraid that time is running out for companies such as Facebook to be saying, “We’re really sorry that a video of a man hanging his 18-month-old baby was on the internet.” If the company can be so clever as to make an advert for a specific colour of shoes, which I had browsed once, that will follow me around the internet almost in perpetuity, I think it has the technology—the pictorial and IP addressing technology—to deal with that. It would probably say, “Look, she does not know the right words,” but I am a politician, not a technologist. I think that the industry is stuffed full of very clever people who could make this change happen if they wanted to, and they should stop looking for individual or collective Governments to force them to do so.

Finally, I want once again to put on record my thanks to all Members who have campaigned with me. Together we have really made a difference. I also thank Ministers, who have really taken this seriously and worked very hard to deliver real progress. Should I be lucky enough to be re-elected in a few weeks’ time, I guess I will be happy to continue this journey, particularly in relation to the definitional clarity that would enhance this space even further.

Lords amendment 1 disagreed to.

Government amendments (a) to (c) made in lieu of Lords amendment 1.

Lords amendment 2 disagreed to.

Government amendment (a) made in lieu of Lords amendment 2.

Lords amendments 3 to 39 agreed to.

Lords amendment 40 disagreed to.

Government amendments (a) and (b) made in lieu of Lords amendment 40.

Lords amendments 41 to 236 agreed to.

Lords amendments 237 to 239 disagreed to.

Lords amendments 240 and 241 agreed to.

Lords amendment 242 disagreed to.

Government amendment (a) made in lieu of Lords amendment 242.

Lords amendments 243 to 245 agreed to.

Amendment (a) made to Lords amendment 246.

Lords amendment 246, as amended, agreed to.

Lords amendments 247 to 289 agreed to, with Commons financial privilege waived in respect of Lords amendments 248 to 254.