Online Safety Bill

Debate between William Cash and Caroline Dinenage

Consideration of Lords amendments
Tuesday 12th September 2023 Commons Chamber

[Sir William Cash]

I commend my hon. Friend for her remarks. May I point out that there is a provision in European legislation—I speak as Chairman of the European Scrutiny Committee—called the data services protection arrangements? They have nothing to compare with what we have in the Bill. That demonstrates the fact that when we legislate for ourselves we can get it right. That is something people ought to bear in mind.

[Dame Caroline Dinenage]

My hon. Friend is absolutely right to point that out. Much of the European legislation on this was taken from our own draft legislation, but has not gone anywhere near as far in the protections it offers.

We know that the internet is magnificent and life changing in so many ways, but that the dark corners present such a serious concern for children and scores of other vulnerable people. I associate myself with the comments of the hon. Member for Pontypridd (Alex Davies-Jones) on the child protection campaigners who have worked so incredibly hard on this issue, particularly those who have experienced the unimaginable tragedy of losing children as a result of what they have seen in the online world. To turn an unspeakable tragedy of that nature into a campaign to save the lives of others is the ultimate thing to do, and they deserve our massive thanks and gratitude.

I am also grateful to so many of our noble colleagues who have shaped the Bill using their unique knowledge and expertise. I would like to mention a few of them and welcome the changes they brought, but also thank the Minister and the Government for accepting so many of the challenges they brought forward and adapting them into the Bill. We all owe a massive debt of gratitude to Baroness Kidron for her tireless campaign for children’s protections. A children’s safety stalwart and pioneer for many years, virtually no one else knows more about this vital issue. It is absolutely right that the cornerstone and priority of the Bill must be to protect children. The Minister mentioned that the statistics are absolutely horrible and disturbing. That is why it is important that the Secretary of State will now be able to require providers to retain data relating to child sexual exploitation and abuse, ensuring that law enforcement does not have one hand tied behind its back when it comes to investigating these terrible crimes.

I also welcome the commitment to the new powers given to Ofcom and the expectations of providers regarding access to content and information in the terrible event of the death of a child. The tragic suicide of Molly Russell, the long and valiant battle of her dad, Ian, to get access to the social media content that played such a key role in it, and the delay that brought to the inquest, is the only example we need of why this is absolutely the right thing to do. I know Baroness Kidron played a big part in that, as did my right hon. Friend the Member for Bromsgrove (Sajid Javid).

I am still concerned that there are not enough protections for vulnerable adults or for when people reach the cliff-edge of the age of 18. People of all ages need protection from extremely harmful content online. I am still not 100% convinced that user empowerment tools will provide that, but I look forward to being proved wrong.

I welcome the news that Ofcom is now required to produce guidance setting out how companies can tackle online violence against women and girls and demonstrate best practice. I am thankful to the former Equalities Minister, Baroness Morgan of Cotes, for her work on that. It is a vital piece of the puzzle that was missing from the original Bill, which did not specifically mention women or girls at all as far as I can remember.

It is important to stay faithful to the original thread of the Bill. To futureproof it, it has to be about systems and processes, rather than specific threats, but the simple fact is that the online world is so much more hostile for women. For black women, it is even worse. Illegal activity such as stalking and harassment is a daily occurrence for so many women and girls online. Over one in 10 women in England have experienced online violence and three in 10 have witnessed it. We also know that women and girls are disproportionately affected by the abuse of intimate images and the sharing of deepfakes, so it is welcome that those will become an offence. I also welcome that controlling and coercive behaviour, which has been made a recognised offence in real life, will now be listed as a priority offence online. That is something else the Government should take pride in.

I thank Baroness Merron for bringing animal welfare into the scope of the Bill. All in-scope platforms will have proactive duties to tackle content amounting to the offence of causing unnecessary suffering of animals. I thank Ministers for taking that on board. Anyone who victimises beings smaller and weaker than themselves, whether children or animals, is the most despicable kind of coward. It shows the level of depravity in parts of the online world that the act of hurting animals for pleasure is even a thing. A recent BBC story uncovered the torture of baby monkeys in Indonesia. The fact that individuals in the UK and the US are profiting from that, and that it was shared on platforms like Facebook is horrifying.

In the brief time left available to me, I must admit to still being a bit confused over the Government’s stance on end-to-end encryption. It sounds like the Minister has acknowledged that there is no sufficiently accurate and privacy-preserving technology currently in existence, and that the last resort power would only come into effect once the technology was there. Technically, that means the Government have not moved on the requirement of Ofcom to use last resort powers. Many security experts believe it could be many years before any such technology is developed, if ever, and that worries me. I am, of course, very supportive of protecting user privacy, but it is also fundamentally right that terrorism or child sexual exploitation rings should not be able to proliferate unhindered on these channels. The right to privacy must be trumped by the need to stop events that could lead to mass death and the harm of innocent adults and children. As my hon. Friend the Member for Folkestone and Hythe (Damian Collins) said, that is also against their terms of service. I would therefore welcome it if the Minister were to make a couple of comments on that.

I also welcome the changes brought forward by Baroness Morgan of Cotes on the categorisation of harm. I, too, have been one of the long-standing voices over successive stages of the Bill saying that a platform’s size should not be the only measure of harm. Clearly, massive platforms, by definition of their reach, have huge potential to spread harmful content, but we know that online platforms can go viral overnight. We know there are some small but incredibly pernicious platforms out there. Surely the harmful content on a site should be the definer of how harmful it is, not just its size. I welcome the increased flexibility for the Secretary of State to set a threshold based on the number of users, or the functionality offered, or both. I would love to know a little more about how that would work in practice.

We were the first country in the world to set out the ambitious target of comprehensive online safety legislation. Since then, so much time has passed. Other countries and the EU have legislated while we have refined and in the meantime so much harm has been able to proliferate. We now need to get this done. We are so close to getting this legislation over the finish line. Can the Minister assure me that we are sending out a very clear message to providers that they must start their work now? They must not necessarily wait for this legislation to be in place because people are suffering while the delays happen.

I put on record my thanks to Members of this House and the other place who have worked so hard to get the legislation into such a great state, and to Ministers who have listened very carefully to all their suggestions and expertise. Finally, I put on record my thanks to the incredible Government officials. I was responsible for shepherding the Bill for a mere 19 months. It nearly finished me off, but some officials have been involved in it right from the beginning. They deserve our enormous gratitude for everything they have done.