Online Homophobia

Victoria Atkins Excerpts

Monday 1st July 2019 Westminster Hall

[The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)]

It is a pleasure to serve under your chairmanship, Mr Walker. I start by thanking Bobby Norris for raising the important issue of online homophobia. I thank the more than 152,000 people who have signed the petition so far. I understand that it is still open.

I thank the hon. Member for Cambridge (Daniel Zeichner) for opening the debate in such a thoughtful way and I thank all colleagues who have contributed this afternoon. They have given different accounts, some very personal, of their own experience or that of their constituents of online homophobia. The hon. Member for Wallasey (Ms Eagle) spoke movingly about Bobby and others putting their heads above the parapet. I feel honour-bound to reflect on the fact that she herself has done the same. I thank her sincerely for all that she has done in the pioneering fashion that she has described.

The hon. Member for Plymouth, Sutton and Devonport (Luke Pollard) rightly talked about the diversity within the phrase “LGBT+” to describe a wealth of experiences, a richness of life experiences, some happy, some not, but I thank him for making that very important point. As has been mentioned, this debate is timely because we are on the cusp of one of the world’s largest Pride events this weekend in London, and last week we remembered that it is 50 years since the Stonewall riots, an event that sparked a global advancement of LGBT+ rights around the world. We have come a long way in those 50 years, but these debates and discussions today show how much further we must go.

To be clear—I do not think it is necessary, but I want it on the record—homophobia, online or offline, is wrong. It is a prejudice all too often accompanied by behaviour that has no place in a modern, vibrant and inclusive Britain. Unfortunately, homophobia rears its ugly head, including, as we have heard today, online, where it can be particularly pernicious and pervasive. The hon. Members for Cambridge and for Wallasey set out some stark statistics, including the terrible one highlighted in the Stonewall research that showed one in 10 people surveyed had experienced online homophobic, biphobic or transphobic abuse or behaviour in the past month. I have seen and been appalled by such abuse. Indeed, Mr Norris shared on his Instagram account on 15 June a particularly disgusting message that he received. I will not dignify either the messenger or the message by reading it into the record of our democracy, but if Mr Norris and others face such hateful language, with all the terrible repercussions that it can have for someone, particularly if they are in a vulnerable place at that point in their life or perhaps do not have the network of support that we would all wish for loved ones, it can have, as we have heard from the hon. Member for Wallasey, very serious consequences.

The internet, as in life off the internet, should be a place where all people feel free to socialise, share information, do business, share photos, and enjoy the massive benefits of the online space. My hon. Friend the Member for Henley (John Howell) brought an international perspective to the debate with his work for the Council of Europe. He talked about the treatment of people within our community, our neighbourhoods and our society, who may love someone of the same sex or gender and about other manifestations of LGBT inclusivity, and rightly pointed out the dire experiences that people overseas, particularly in places such as Russia, can share. I am sure we are all with him in agreeing that we would like other countries such as Russia to follow our lead.

For the purposes of the debate I shall set out the current legislation, given that the petition asks us to make online homophobia a specific criminal offence. There are already criminal offences to cover some of the horrific forms of abuse that we have heard about. For example, there are harassment offences in the Public Order Act 1986 and the Protection from Harassment Act 1997. There are offences covering “grossly offensive” material in the Malicious Communications Act 1988 and the Communications Act 2003. There is also an offence of “stirring up” hatred based on sexual orientation in the Public Order Act 1986. Where such crimes are motivated by, or demonstrate, hostility towards a victim based on sexual orientation, or perceived sexual orientation, they are hate crimes. The hate crime legislation, which also covers race, religion, disability, and transgender identity, allows for increased sentences for those convicted of such an offence.

However, I absolutely understand the concerns that have been raised today, not least the fair observation that all of the legislation that I have cited was passed before the internet, as we know it today, came into being. I suspect that were we to have this debate in 10 years’ time, the internet would be very different from today. That is precisely why the Government asked the Law Commission to take forward two important reviews. The first review looks at the current legislation on abusive and offensive online communications to ensure that laws are up to date with technology. The Government announced the commencement of phase two of the Law Commission’s work last week. It will build on the analysis in its scoping report, including considering the potential for improving existing communications offences, and whether the law might more effectively address co-ordinated harassment by groups of people.

[Ms Angela Eagle]

The Law Commission does important work in trying to bring together sometimes fragmented laws and updating them, but the review is not due to be published until 2020. There is a tradition of Law Commission reports sitting gathering dust on shelves and never being acted on, so will the Minister say something about the Government’s determination, if such there is, to act on the Law Commission’s report? Will she consider bringing forward its work so that we can be in a position to legislate faster than the current timetable allows?

[Victoria Atkins]

I absolutely understand the hon. Lady’s impatience with the timetable. I think I am correct in saying that she was in government herself when some of the legislation we are looking at came into force. I remember the 1997 Act coming into force when I was a practitioner trying to make sure that that law was applied in the criminal courts. I appreciate that my answer will not satisfy the people who have contributed to the petition, but we have to get this matter right. We have asked the Law Commission to look at the issue because it is a very complicated area of law. The hon. Lady will know—this draws me on to the second review—about the debate on whether misogyny should be listed as a hate crime. In this Chamber almost a year ago I was open to the concept or the idea that that form of hatred, particularly, as has been said, the intersectionality with homophobia, biphobia and transphobia, should be looked at carefully to ensure there are no unintended consequences of any legislation that we bring to this House in future. We must get it right. As has been noted in the debate, the ways in which people of ill intent target the people to whom they wish to be hateful shows that we need to be considered, thoughtful and careful in the way in which we approach it.

The second review that we are conducting is a full review of hate crime legislation. As I have said, we are looking at the coverage and approach of the current hate crime laws, including whether misogyny should form part of it, to ensure that the legislation continues to protect the existing characteristics covered, but also whether we need to update the law in this really important area, given all the factors that have been raised in the debate, to ensure that the law reflects the lived experience of our fellow residents.

The petition raises questions not only about our criminal laws, but about how we stay safe and are kept safe online, which is one of the biggest debates of our time. The challenges presented by the internet—the wild west, as it has been described—along with the freedoms that it brings about have to be carefully balanced.

We are clear that we want the United Kingdom to be the safest place in the world for everybody to be online. That is why the Government published the “Online Harms” White Paper in April. Through it, we plan to make technology companies more responsible for their users’ safety, including through a new statutory duty of care, which will be overseen by an independent regulator. The White Paper sets out plans to hold companies to account for tackling a comprehensive set of online harms, from which we will expect technology companies to take reasonable steps to protect their users.

[Geraint Davies in the Chair]

We have said that technology companies must do more, and they need not wait for the legislation following the White Paper to do so. The platforms must have clear and accessible terms and conditions about what is and is not acceptable behaviour, and they need to enforce them in a fair and consistent manner.

[Martin Docherty-Hughes]

Other than the platforms, what about those who own the data and own the servers?

--- Later in debate ---

[Victoria Atkins]

That is a very interesting point. The hon. Gentleman will recall that we recently introduced the Data Protection Act 2018, bringing into force the GDPR rules of Europe. Worldwide, Governments are now much more mindful about data. However, this is a fast developing area, and one which I will ask the Security Minister and the Department for Digital, Culture, Media and Sport to look into, as part of their consideration of the consultation as a whole.

Reports to the police, which I will come on to in a little while, were rightly mentioned, but I am mindful that not everyone wants to involve the police. If someone receives a hateful tweet or Instagram message, they may not want to involve the police for a host of reasons. That is why it is critical that tech companies have proper measures in place to clear up their own backyard. Many platforms have been making progress across a whole range of harms for which the Home Office has responsibility, but frankly it is not enough. That is why we introduced the White Paper.

Colleagues have understandably raised anonymity, which is something that we considered carefully as the White Paper was being drafted. If people feel strongly about the anonymity of users, I ask them to contribute, if they have not already, to the consultation on the White Paper. It closes at midnight tonight, and it will be interesting to see the results.

[Ms Angela Eagle]

Can the Minister take a view? I certainly believe that we should get rid of anonymity online. Rather than have me respond to a consultation, surely she can take such a declaration on the Floor of the Chamber, and add it to the total that will be counted at one minute past twelve tonight.

[Victoria Atkins]

I do not pretend to know how the consultation responses are counted; it may well be a dreaded algorithm. I know that officials will look carefully at the Hansard report of the debate. If the hon. Lady cannot contribute online, certainly Members’ views can be added to the result of the consultation. [Interruption.] A number of arms are going up in the Chamber, for the benefit of Hansard.

I understand the points that have been made about the need for action now, as well as in future. That is why we have set out, under the hate crime action plan, a number of commitments that the Government are taking forward that will support a robust criminal justice response for those who feel able to seek the help of the police, or who find themselves in a situation where others call the police on their behalf. I am very struck by the recent horrific attacks in London, Merseyside and Southampton that others have mentioned. The police are doing all that they can to bring the perpetrators to justice.

Of course, I always encourage anyone who feels able to report their experiences to the police to do so, partly to ensure that they get the right support. There are many excellent support and advice centres for victims of homophobic incidents, particularly the charity Galop, with which the Government work closely. However, I take the point about the reaction of the police when someone is able to report an incident to them. That is why we are funding a police online hate crime hub to improve the police response to victims of online hate crime. We are raising awareness of hate crime through a public awareness campaign, which people may have seen last autumn and again this spring.

[Ruth Jones]

I understand that the Government employ experts, but may I specifically request that the Minister looks at the IT side of things? Cyber-security is really important to us in tackling such crimes. Will the Minister give a specific pledge about IT specialists as well?

[Victoria Atkins]

Yes, I am very happy to do so. We are funding the police online hate crime hub, which is an expert police team that helps forces across the country to respond to hate crime cases effectively. We are also working with the police to ensure that that support reaches the areas that need it, because I appreciate that some forces may need to improve their performance. Indeed, the police inspectorate recently inspected some police forces. Some already do bespoke training and upskill experts in their own forces. Gwent has been held up as a strong example of that.

We need to ensure in our awareness campaign that members of the public understand, first of all, what hate crime is, the forms it can take and, as has been mentioned, that the use of certain words and language may well be incredibly offensive and abusive to people. It is about having that understanding of one’s own conduct as well. We are pleased to support a number of community projects focused on tackling LGBT+ hate crimes, including working with Barnardo’s, Stop Hate UK and the football initiative Kick It Out. We continue to take that and other work forward, working closely with the Government Equalities Office and a range of stakeholders, including Galop and Stonewall.

I conclude by reiterating the Government’s unwavering support in the fight against homophobia in all its forms. No one should have to face abuse, discrimination or harassment based on who they love. The Government are committed to eradicating bigotry and abuse, and I think that the House agrees with the plea of the hon. Member for Cambridge for us to be civilised in our debates. The sketch writers may have a field day tomorrow with us all agreeing that we should be nicer to one another, but I think—[Interruption.] There seems to be disagreement across the Chamber.

[Ms Angela Eagle]

Obviously we should all be nicer to one another, but the plain fact is that a lot of people are having their mental health badly affected because there are some very nasty people out there. That can be solved only by taking it much more seriously and much more urgently than I am afraid the Minister seems to be indicating that the Government are going to.

[Victoria Atkins]

I simply do not accept that. I was trying to end on a collegiate note, precisely because of the experiences that have been reiterated and addressed in the debate. I simply do not accept that I am not taking the matter seriously. I was simply agreeing with the hon. Member for Cambridge on how we should use our language, and that trying to be decent and civilised in our interactions will go some way towards making it clear to those who do not use decent and civilised language and behaviour that that is simply unacceptable. I hope that that is a point on which we can all agree.