International Women’s Day

Baroness Benjamin Excerpts

Thursday 9th March 2017 Lords Chamber

[Baroness Benjamin (LD)]

My Lords, I too thank the noble Baroness, Lady Shields, for securing this debate, and I would like to concentrate on a subject that I know she has worked hard on—the harmful effects of pornography on young girls and women, not just in the UK but across the world.

This country is leading the fight on safeguarding, and other countries are watching what we do to combat this invasion of every part of our global society. Some might say that porn has been around for a long time but the rise of the internet has turned it into a global industry with a multi-billion pound turnover each year, exploiting women in order to make profits.

Pornography is having a major impact on a large number of young girls here in the UK who say that it has a negative effect on their lives and on how they are perceived and treated in society. It encourages the use of derogatory language about girls and young women. Many believe that pornography influences how women are portrayed in the media and online, as it shows harmful views and far too often shows women as sex objects. However, it also affects mental health and causes depression, anxieties and self-harm. It contributes to women being treated less fairly and creates unrealistic expectations of women’s bodies. It normalises aggressive or violent behaviour towards women and sends out confusing messages about sexual consent. It puts pressure on girls to have sex before they are ready and to perform sex acts, because boys copy what they see in pornography. Worst of all, as reported by the NSPCC, there have been more incidents of child-on-child sex abuse. The thought of all this pressure on girls makes me weep.

I recently received correspondence from Girlguiding on why we need less porn and more education in our schools. One girl said, “Imagine sitting happily in a lesson, concentrating on whatever subject is before you, only to be jolted into shock as you see an explicit image being passed around the classroom under the desks by boys”. This sort of thing is happening to girls as young as 11 in classrooms, corridors and playgrounds all across the UK.

According to Girlguiding, 60% of girls aged 11 to 16 report having seen boys of their age viewing porn on their phones, and all too often boys are using it to make girls feel uncomfortable or pressured, passing it off as a “bit of banter”. However, we need to identify this behaviour for what it is—sexual harassment, used as a weapon to bully, hurt and intimidate others. It gives boys the impression that it is normal to be violent or dominant and to act in a forceful way around girls, both during sex and in their wider relationships. But young people cannot escape these images.

One way to tackle this scourge is through legislation, and thankfully that will happen through the Digital Economy Bill, which will introduce age verification for access to online pornography. This will go some way to protect children and young people from the ability to easily access pornography. It will reduce the exposure to pornography and the harm it can cause on a global scale. I fully support this policy, which I have been advocating for several years. I have longed for this to happen. I thank the noble Baroness, Lady Howe, for her relentless campaign, and I congratulate the noble Baroness, Lady Shields, for her sterling work in this area and in helping to make this legislation possible, especially as she has a global influence on this type of policy. She made a promise to me and to this House that it would happen, so I thank her for keeping that promise.

I also pay tribute to the lead that the Prime Minister, Theresa May, has taken in tackling violence against women, especially in the Digital Economy Bill. The Bill will provide a means of enforcing the strong standards in this country concerning violence towards women in an online as well as offline environment so that prohibited material, which includes extremely violent pornography, will be blocked. It would be good to hear the Minister confirm this. Any suggestion that we wanted to make space in an online environment for violence against women as entertainment would clearly send quite the wrong message, fostering a world in which this violence could become more and more normal and acceptable. That will not do.

I also strongly believe that social media and search engines should play a role in ensuring children are not exposed to pornographic content by blocking or closing down offending sites, as many of them come from outside the UK. There should be an expectation for all internet platforms to address violations and companies should take responsibility for how their platforms are used. A recent report about Facebook not taking down child pornography groups is an example of how this irresponsible attitude exists right now.

Alongside this responsibility comes quality personal, social and health education and age-appropriate sex and relationship education, which should be taught in all schools to teach young people about the benefits and risks of using the internet and how to stay safe online. The scale of pornography that children and young people are having to cope with is becoming an epidemic and needs to be counterbalanced with education. Girls have to understand how they can be in control in any situation they find themselves in; to have the courage to stand up and say no; to develop high self-esteem and to feel worthy. All this comes through education and inspirational role models.

It was wonderful to hear Justine Greening, Secretary of State for Education, at last announce that sex and relationship education will become compulsory in all schools. It should, of course, be age appropriate and I hope that the lessons that most young people attend will cover things like consent, sexting, sexual harassment, domestic violence, sexually-transmitted diseases, healthy relationships and gender equality. These are issues that can build a well-rounded attitude of how to cope with life.

Although the subject of today’s debate is about women and girls, it is the effect of porn on boys and young men and their attitudes to women which is deeply concerning because it is women who bear the brunt of emotional, sexual and domestic violence. Unless we get a grip and wake up to the dangers facing society we will leave behind a terrible legacy which will echo across generations to come. Therefore, we must be bold global leaders in the field of helping to protect, inspire and motivate girls and women to have the courage to stand up for themselves and not be forced into doing things they are uncomfortable with—never. That should be our legacy to girls and women everywhere across the world.

Online Safety

Baroness Benjamin Excerpts

Thursday 1st December 2016 Lords Chamber

[Baroness Benjamin (LD)]

My Lords, I too congratulate the noble Baroness, Lady Howe, for being so resilient in bringing matters of online safety for children to your Lordships’ House. I am also pleased that the noble Baroness mentioned the Government’s statement on Monday, which suggested that content filtering by internet service providers may not encounter any difficulties as the result of the EU net neutrality rules. This is welcome news. However, I am a little nervous that there still seems to be enough uncertainty that the Government feel that they need to legislate to ensure that the filtering is on a solid legal footing. But I shall wait to see what the Minister has to say.

I have consistently supported the previous Online Safety Bills of the noble Baroness, Lady Howe, when they were debated here in the House, with the objective of putting ISP filtering on a statutory footing. As the noble Baroness has set out, throughout the history of the current arrangements with the big four ISPs, we seem to have gone back and forth between discussions of “active choice” and “default-on”. I know that “active choice” was favoured because it was felt that parents would be more engaged if they had actively to decide what to do about the filtering levels, which is a fair point. Given how much time children and young people spend online, it is hard to see how parents can avoid being engaged. It is most encouraging to read the latest statistics, which say that parents are engaging in different ways to keep their children safe. Thank goodness for that.

As we are talking today about content filters, I hope your Lordships will allow me to share with you what Ofcom’s 2016 report on children and the media says about parental awareness and the use of ISP content filters. It tells us that slightly more parents of five to 15 year-olds are using ISP content filters in 2016 than in 2015—31% compared to 26%—95% of whom said they were useful. However, there is no room for complacency, as only 58% of parents of five to 15 year-olds say they are aware of the filters. If that many parents who use the filters say they are useful, surely we should be encouraging more than 31% of parents to use them.

Ofcom published research at the end of 2015 which showed that among the big four there are radically different results on uptake of internet filters. While Sky has used the “default-on” model proposed by the former Prime Minister, BT has elected to use “active choice”. The differences are striking. Ofcom stated that in June 2015 BT reported that 8% of its new customers and 5% of its existing customers had taken up parental controls. Sky, by contrast, reported that 61% of its existing customers had chosen parental controls in the age 13 group. Another 1% had set the protections at PG, and a further 8% chose the 18 category.

Interestingly, on 25 October Sky was asked about its “default-on” policy when it gave oral evidence to the Lords Communications Select Committee, of which I am a member, during its inquiry into children and the internet. Sky told the committee that the evidence on active choice was a take-up of around 8% to 10%. It went on to explain that it had changed its approach. Rather than asking its customers,

“‘Do you want it on, yes/no?’, we said, ‘We have put it on. You can turn it off if you want’ and, lo and behold, the take-up rate has gone up to 60%, so we are pretty convinced it is the right thing to do. We are the only fixed-line broadband company to do that, and we introduced a new broadband service, Now TV broadband, and we launched it completely default-on earlier this year. We have considered both options and we are pretty confident we have got the right outcome, if the objective is high parental engagement and high take-up of controls”.

Looking at the figures showing how many young people go online, I would argue that for many good reasons we want high parental engagement and a high take-up of controls. That is why we should review the options in front of us today.

In oral evidence to the Lords Communications Select Committee on 1 November, Ofcom gave a similar story. It said:

“ISPs that have had the most success with takeup—if success is measured by take-up—are those that have adopted a default-on process. I think it is fairly clear, based on behavioural economics, that people are much less likely to opt out than they are to opt in. Of course, it is a small set of data, but I think the default-on in these circumstances has indicated that it drives take-up”.

Ofcom went on to say:

“Default-on does drive take-up. It is as simple as that. … There is a question for the ISPs themselves whether or not other ISPs want to follow suit with Sky, whether or not they think that the benefits outweigh the risks to their customer base. It is also for policymakers and for Parliament to decide”.

There we have it.

As I have said many times in this House, childhood lasts a lifetime. What children see and experience stays with them for ever, as was graphically revealed recently in the football sex abuse scandal. I hope that the Minister, who I know is also committed to this issue, will consider these points and legislate for so-called default-on to keep our children and young people safe online.

Policing and Crime Bill

Baroness Benjamin Excerpts

Committee: 3rd sitting (Hansard - part one): House of Lords
Wednesday 2nd November 2016 Lords Chamber

[Baroness Benjamin (LD)]

My Lords, I too rise to support my noble friend Lady Walmsley. We were both on the Barnardo’s inquiry led by Sarah Champion. When we spoke to abused children, both boys and girls, they all said that they wanted to be treated with respect by the police. I second my noble friend on all the issues that she has brought up and I support her in every way. I hope that the Government will have common sense and show that childhood lasts a lifetime and those children’s needs will be looked after, making sure that they do not suffer long-term in the future.

[Lord Harris of Haringey]

My Lords, I am slightly surprised in fact that it is necessary for the noble Baroness, Lady Walmsley, to move this particular amendment, but the fact that she has moved it means, I assume, that it is necessary. It should be—in the same way as it is incumbent on other professionals—that when the police see an issue that requires the safeguarding and protection of a child, they should take the appropriate action, which, in this particular case, would mean the sort of referral envisaged by this amendment. So on this occasion I wholeheartedly support the noble Baroness.

Online Safety Bill [HL]

Baroness Benjamin Excerpts

Friday 11th December 2015 Lords Chamber

Moved by

[Baroness Benjamin]

3: Clause 2, page 2, line 33, leave out “user is able to access adult content” and insert “subscriber is able to—
(i) access adult content, or(ii) change the filtering options set under section 1(3) of this Act”

[Baroness Benjamin (LD)]

My Lords, this is a probing amendment and I very much look forward to hearing what the Minister says in response. Following the net neutrality vote in Brussels, it would seem that if the filtering arrangements negotiated by the Prime Minister—I congratulate him on them—are to continue, the Government must bring forward legislation to make them a reality by April. I very much hope that the Government will use this Bill to rise to this challenge since it not only makes statutory provision for filtering but addresses two serious shortcomings with the current voluntary arrangements.

One of these shortcomings is addressed by Clause 1, which not only mandates adult content filters but states that these cannot be lifted without prior age verification demonstrating that the person wanting to access adult content is indeed an adult. Clause 1(3)(a) requires that the age verification scheme used by the internet service providers, or ISPs, and mobile phone operators, or MPOs, conforms to the standards set by Ofcom in Clause 2. My amendment proposes that the guidance from Ofcom required under Clause 2(1)(b) must cover the age verification procedures not only for the initial set-up of a service but when people seek to change their filter settings, and to make provision for this to be done in a proper way.

Most people would find it very odd that the Government should have encouraged the industry to provide adult content filters but in a way that makes it perfectly possible for children as well as adults to lift them. There are two counterarguments here, as there are concerns about this dangerous situation. First, I fully understand that if a few tech-savvy young people can hack into TalkTalk, they would certainly be able to work out a way around age-verification checks. However, that is not an argument against doing what we can to make sure filters are not lifted by children but an argument against filters per se. Crucially, it is an argument that has failed. No one, least of all the noble Baroness, Lady Howe, or I, has ever argued that filters are the answer or the one and only silver bullet. The point about filters—the reason that the Prime Minister was absolutely right to promote them and that the noble Baroness, Lady Howe, has been so right to pursue them—is not that they make the internet safe but that they make it safer, by acting as a speed bump to slow down access.

Secondly, I am completely aware of the fact that the big four ISPs agreed that if the filter settings are changed the account holder should be emailed, so that if the settings were not changed by them they are made aware. However, this arrangement is completely unsustainable. In the first instance, the whole point about age verification is that it is something you do before, not after, allowing an age-restricted activity. In the second instance, the means of providing retrospective protection through this system is in any event very weak. Even if someone reads their emails very quickly, it will probably take several hours before they can do anything about it. During that time, their children could be freely accessing adult material.

In a poll for the charity CARE, a total of 34% of British adults—some 16.3 million people—said that they would not read an email from their ISP immediately. Some 11% said that they would probably leave the email unread for up to a week, while 9% would be likely to leave it for more than a week and a staggering 14% were unlikely to read any email from their ISP at all. This would leave a significant number of children exposed to adult content for a week or more, and others exposed permanently. We cannot allow that to happen.

In responding to this point at Second Reading, the Minister rather indicated that she was content with this. She said that,

“three-quarters of parents in the UK are confident that children are unable to bypass these tools. But to mitigate any further risk, as has been said today, ISPs email the main account holder when filter settings are set or changed”.—[Official Report, 17/7/15; col. 860.]

Even if only the children of the remaining 25% of parents attempt to switch off the adult content filters, this can be no justification for exchanging credible age verification procedures before allowing the user to opt in to access adult content, for an arrangement that comes into effect only after adult content has been accessed and which we know will not be picked up by parents in significant numbers.

I simply cannot believe that the Minister—and I know her well—or the Government are really, truly satisfied with this unsafe arrangement. The Bill before us makes good this significant failing with the current arrangement. It is the purpose of my amendment to highlight that by using language that makes the fact that people change their filter settings more explicit in the Bill. I very much look forward to hearing what the Minister has to say about this very important amendment, and I beg to move.

--- Later in debate ---

[Baroness Benjamin]

My Lords, I am very grateful to all noble Lords who have participated in this debate. I am happy to hear the Minister’s passion for and commitment to this issue. I look forward to seeing what the Government put forward for the future because, as we have all said, we have to protect our children. I recently visited Rye Hill prison in Rugby, where there are more than 680 sex offenders. I spoke to some of them and they all said, “Baroness Benjamin, if only I had been protected from seeing adult content material when I was a child I would not have been so traumatised and damaged in the way I am today”. Many other children are being traumatised by being able to see adult content material. I am so pleased to hear noble Lords’ commitment and what the Government are going to do. Will the Minister meet Peers who have spoken this morning to see how we can all work together to put an end to this incredibly dangerous situation for our children? I am very grateful to the Minister. I beg leave to withdraw the amendment.

Amendment 3 withdrawn.

--- Later in debate ---

[The Earl of Erroll]

Perhaps I may respond briefly. Because I know that the Government fully intend to bring forward legislation next year, I did not want to get too involved in trying to sort out this Bill. I am afraid that I would separate the ISP and the filtering completely. I would put in proper provisions about age checking and vendors at the point of sale, look at the point of access on the internet, and start to construct something that would be future-proofed—that means as far as we can see at the moment. We need to block the loopholes, so I would separate filtering from the responsibility of vendors not to break the law. Vendors are in effect breaking the law at the moment, but the problem is how to stop them. There are websites selling stuff which should not be sold to minors, but the problem is in enforcement because those websites are getting around the rules. We have to write a slightly more complex Bill so that some things are separated out.

The concept behind filters in this Bill is absolutely fine and is there to underpin stuff. I have no problem with that, but I do not want people to think that it is the real solution to the challenge of protecting our children. We have to stop the websites and prevent access to them. It has to be done at the point of sale much more than just general access to the internet.

[Baroness Benjamin]

My Lords, I agree with much of what has been said so far, especially by the noble Baroness, but while we are trying to find solutions let us remember that childhood lasts a lifetime. What children see will stay with them for ever. As I said earlier, I visited Rye Hill prison in Rugby, and many of the prisoners told me about what they saw when they were children. We need to move forward as swiftly as possible. We might not get it all right, but we have to do something quickly—just as the gambling industry and others have done. When it comes to children, what is the difference? We need to protect them now.

[Baroness Shields]

I thank all noble Lords for their contributions, and I state one more time that there is no ambiguity about the Government’s commitment to launch the consultation shortly after the new year, and to provide for a robust age verification system to ensure that no one under the age of 18 can access pornographic material in the UK. It is a process that has been going on. We have been seeking advice from experts since the manifesto commitment was announced and we are consulting early in the new year. We are 100% committed to that.

I thank the noble Earl, Lord Erroll, for his contributions and for his extraordinary work in leading the development of solutions that will in fact achieve our goal. Many elements of the Bill are incredibly well thought-out and well intentioned, and they will be taken on board in the resulting legislative approach that we take in the new year. This is about timing. This clause requires that the Secretary of State must identify a licensing authority for non UK-based pornographic services, and the noble Baroness’s amendment to the clause specifies that the Secretary of State needs a second independent body to conduct appeals. It is a very good suggestion, but it is a bit premature until we finish the consultation.

Regarding the Ofcom/ATVOD role, there is some confusion about the function of ATVOD continuing, but following an Ofcom review, it was publicly announced in October that from January next year Ofcom will take sole responsibility for regulating video on-demand programme services. As a result, it will not continue its co-regulatory arrangement with ATVOD. Let us be clear on this: it is continuing with the function and the obligation of ATVOD, but that is being brought into the Ofcom portfolio.

--- Later in debate ---

[Baroness Benjamin]

My Lords, I warmly welcome these amendments, which will help to strengthen further this very important Bill. I agree with the Delegated Powers and Regulatory Reform Committee’s suggestion that there is a need to provide a better definition of the designated body in Clause 10. The solution from the noble and learned Lord, Lord Mackay, addresses the problem admirably, through Amendments 8 to 10 and Amendment 12. I also agree with the committee’s point about the need to apply a sanction to a relevant person who does not comply with the direction provided under the clause. I believe that the noble Baroness, Lady Howe, has responded very effectively to these points. I support her and congratulate her on her undying quest, commitment and mission to make these amendments and the whole Bill become a reality.

[Baroness Shields]

I thank the noble Baroness for these amendments and the innovative approach that she has outlined to solving this challenge. I reserve the right to consider these and all proposals that come across as part of our consultation.