80 Caroline Dinenage debates involving the Department for Digital, Culture, Media & Sport

Tue 17th Jan 2023
Mon 9th Jan 2023
Channel 4
Commons Chamber
(Urgent Question)
Mon 5th Dec 2022
Tue 12th Jul 2022
Online Safety Bill
Commons Chamber

Report stage & Report stage (day 1) & Report stage
Tue 19th Apr 2022
Tue 19th Apr 2022
Online Safety Bill
Commons Chamber

2nd reading & 2nd reading

Oral Answers to Questions

Caroline Dinenage Excerpts
Thursday 16th November 2023

(2 years, 8 months ago)

Commons Chamber
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Lindsay Hoyle Portrait Mr Speaker
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I call the Chair of the Select Committee.

Caroline Dinenage Portrait Dame Caroline Dinenage (Gosport) (Con)
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The inclusion of football governance in the King’s Speech is very welcome. Will my right hon. and learned Friend confirm what discussions she has had with the FA on whether the independent regulator will include women’s football, and when the Government intend to publish their response to the Carney review?

Lucy Frazer Portrait Lucy Frazer
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I have regular discussions with the FA—indeed, I met its chair yesterday. At the moment, the regulator will cover the men’s game, but I also met Karen Carney a week or so ago. Her review is extremely important to women’s football and women’s sport, and I very much look forward to publishing our response to that report, which we will do very shortly.

Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I remind hon. Members about the six-minute advisory time limit.

Caroline Dinenage Portrait Dame Caroline Dinenage (Gosport) (Con)
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It is a great relief to see the Online Safety Bill finally reach this stage. It seems like a long time since my right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright) kicked it off with the ambitious aim of making the UK the safest place in the world to be online. Although other countries around the world had picked at the edges of it, we were truly the first country in the world to set out comprehensive online safety legislation. Since then, other jurisdictions have started and, in some cases, concluded this work. As one of the relay of Ministers who have carried this particular baton of legislation on its very long journey, I know we are tantalising close to getting to the finish line. That is why we need to focus on that today, and I am really grateful to the hon. Member for Pontypridd (Alex Davies-Jones) for confirming that the Opposition are going to support the Bill on Third Reading.

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Richard Graham Portrait Richard Graham (Gloucester) (Con)
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Does my hon. Friend agree that the new crime of cyber-flashing is one instance of how this Bill has been improved? It should also help to reduce some of the violence against women and girls, which is a major issue of our time.

Caroline Dinenage Portrait Dame Caroline Dinenage
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My hon. Friend is absolutely right to raise this, because we do need the Bill to be future-proofed to deal with some of the recently emerging threats to women and others that the online world has offered.

The potential threat of online harms is everyday life for most children in the modern world. Before Christmas, I received an email from my son’s school highlighting a TikTok challenge encouraging children to strangle each other until they passed out. This challenge probably did not start on TikTok, and it certainly is not exclusive to the platform, but when my children were born I never envisaged a day when I would have to sit them down and warn them about the potential dangers of allowing someone else to throttle them until they passed out. It is terrifying. Our children need this legislation.

I welcome the Government support for amendment 84 to clause 11, in the name of my hon. Friend the Member for Rutland and Melton (Alicia Kearns), to ban content that advertises so-called conversion therapies for LGBTQ+ people. Someone’s sexuality and who they love is not something to be cured, and unscrupulous crooks should not be able to profit from pushing young people towards potentially sinister and harmful treatments.

I really sympathise with the aims behind new clause 2, on senior executive liability. It is vital that this regime has the teeth to protect children and hold companies to account. I know the 10% of annual global turnover maximum fine is higher than some of the global comparisons, and certainly having clear personal consequences for those responsible for enforcing the law is an incentive for them to do it properly, but there is clearly a balance to strike. We must make sure that sanctions are proportionate and targeted, and do not make the UK a less attractive place to build a digital business. I am really pleased to hear Ministers’ commitment to a final amendment that will strike that really important balance.

I am concerned about the removal of measures on legal but harmful content. I understand the complexity of defining them, but other measures, including the so-called triple shield, do not offer the same protections for vulnerable adults or avoid the cliff edge when someone reaches the age of 18. That particularly concerns me for adults with special educational needs or disabilities. The key point here is that, if the tragic cases of Molly Russell and dozens of young people like her teach us anything, it is that dreadful, harmful online content cannot be defined strictly by what is illegal, because algorithms do not differentiate between harmful and harmless content. They see a pattern and they exploit it.

We often talk about the parallels between the online and offline world—we say that what is illegal online should be illegal offline, and vice versa—but in reality the two worlds are fundamentally different. In the real world, for a young person struggling with an eating disorder or at risk of radicalisation, their inner demons are not reinforced by everyone they meet on the street, but algorithms are echo chambers. They take our fears and our paranoia, and they surround us with unhealthy voices that normalise and validate them, however dangerous and however hateful, glamorising eating disorders, accelerating extremist, racist and antisemitic views and encouraging violent misogyny on incel sites.

That is why I worry that the opt-out option suggested in the Bill simply does not offer enough protection: the lines between what is legal and illegal are too opaque. Sadly, it feels as though this part of the Bill has become the lightning rod for those who think it will result in an overly censorious approach. However, we are where we are. As the Molly Rose Foundation said, the swift implementation of the Bill must now be the priority. Time is no longer on our side, and while we perfect this vast, complicated and inherently imperfect legislation, the most unspeakable content is allowed to proliferate in the online world every single day.

Finally, I put on record the exhaustive efforts made by the incredible team at the Department for Digital, Culture, Media and Sport and the Home Office, who brought this Bill to fruition. If there was ever an example of not letting the perfect be the enemy of the good, this is it, and right now we need to get this done. The stakes in human terms simply could not be any higher.

Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I call the SNP spokesperson, Kirsty Blackman.

Channel 4

Caroline Dinenage Excerpts
Monday 9th January 2023

(3 years, 6 months ago)

Commons Chamber
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Michelle Donelan Portrait Michelle Donelan
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We are working with the independent production sector across the UK, because it is vital that we protect job creation in all corners of our United Kingdom. I agree with the hon. Gentleman that this is not just an England-specific issue.

Caroline Dinenage Portrait Dame Caroline Dinenage (Gosport) (Con)
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Happy new year, Mr Speaker.

I warmly welcome the Secretary of State’s words. The creative industries are simply our global superpower, and it is right that Channel 4 has the flexibility to be able to move with the times, respond to the changing media landscape and take advantage of commercial opportunities. Part of this is about nurturing the skilled workforce of the future so that they can respond to the needs of our creative industries. What kind of flexibility and focus will there be for Channel 4 to have the ability to do that?

Michelle Donelan Portrait Michelle Donelan
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As part of this package, Channel 4 has agreed to double its investment in skills for young people around the UK—from £5 million to £10 million—which will be important for the entire creative sector.

Online Safety Bill

Caroline Dinenage Excerpts
Paul Scully Portrait Paul Scully
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On self-harm, I do not think there is any doubt that we are absolutely aligned. On suicide, I have some concerns about how new clause 16 is drafted—it amends the Suicide Act 1961, which is not the right place to introduce measures on self-harm—but I will work to ensure we get this measure absolutely right as the Bill goes through the other place.

Caroline Dinenage Portrait Dame Caroline Dinenage (Gosport) (Con)
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Will my hon. Friend give way?

Priti Patel Portrait Priti Patel
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Will my hon. Friend give way?

Paul Scully Portrait Paul Scully
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I will give way first to one of my predecessors.

Caroline Dinenage Portrait Dame Caroline Dinenage
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I thank my hon. Friend for giving way. He is almost being given stereo questions from across the House, but I think they might be slightly different. I am very grateful to him for setting out his commitment to tackling suicide and self-harm content, and for his commitment to my right hon. Friend the Member for Chelmsford (Vicky Ford) on eating disorder content. My concern is that there is a really opaque place in the online world between what is legal and illegal, which potentially could have been tackled by the legal but harmful restrictions. Can he set out a little more clearly—not necessarily now, but as we move forward—how we really are going to begin to tackle the opaque world between legal and illegal content?

Paul Scully Portrait Paul Scully
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If my hon. Friend will bear with me—I need to make some progress—I think that will be teased out today and in Committee, should the Bill be recommitted, as we amend the clauses relating directly to what she is talking about, and then as the Bill goes through the other place.

Online Harms

Caroline Dinenage Excerpts
Wednesday 26th October 2022

(3 years, 9 months ago)

Westminster Hall
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Caroline Dinenage Portrait Dame Caroline Dinenage (Gosport) (Con)
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It is a pleasure to serve under your stewardship, Mr Dowd. I congratulate my right hon. Friend the Member for East Hampshire (Damian Hinds) on securing this vital and timely debate. Time is really of the essence if we are going to deliver the Online Safety Bill in this Session.

The scenario whereby the Bill falls is almost unthinkable. Thousands of man hours have been put in by the team at the Department for Digital, Culture, Media and Sport, by the Home Office team, and by the Joint Committee on the Draft Online Safety Bill, which the Minister chaired so brilliantly. There have been successive ministerial refinements by quite a few of the people in the Chamber, and numerous parliamentary debates over many years. Most importantly, the stakes in human terms just could not be higher.

As my right hon. Friend said, that was painfully underlined recently during the inquest into Molly Russell’s death. Her story is well documented. It is stories like Molly’s that remind us how dangerous the online world can be. While it is magnificent and life-changing in so many ways, the dark corners of the internet remain a serious concern for children and scores of other vulnerable people.

Of course, the priorities of the Bill must be to protect children, to tackle serious harm, to root out illegal content and to ensure that online platforms are doing what they say they are doing in enforcing their own terms and conditions. Contrary to the lazy accusations, largely by those who have not taken the time to read this hefty piece of legislation, the Bill does not set out to restrict free speech, to protect the feelings of adult users or to somehow legislate for people’s right not to be offended.

Following on from other Members, I will talk about the legal but harmful issue. There is no easy way to define “legal but harmful”, because it is so opaque. Even the name is clunky and unappetising, as my right hon. Friend the Member for East Hampshire said. My right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright) sometimes uses the phrase “lawful but awful”, which often seems more appropriate, but it does not necessarily work from a legislative point of view.

If Molly Russell’s tragic case teaches us anything, it is that dreadful, harmful online content cannot be defined simply by what is strictly legal or illegal, because algorithms do not differentiate between harmless and harmful content. They see a pattern and they exploit it. They are, quite simply, echo chambers. They take our fears and our paranoia, and surround us with unhealthy voices that simply reinforce them, however dangerous or hateful they are. Fundamentally, they breadcrumb users into more content, slowly, piece by piece, cultivating an interest. They take us down a path we might not otherwise have followed—one that is seemingly harmless at the start, but that eventually is anything but.

We have a moral duty to keep children safe on online platforms, but we also have a moral duty to keep other users safe. People of all ages need to be protected from extremely harmful online content, particularly around suicide, self-harm and eating disorders, where the line between what is legal and what is illegal is so opaque. There is an inherent legal complexity in defining what legal but harmful really means.

It feels like this part of the Bill has become a lightning rod for those who think it will result in an overly censorious approach. That is an entirely misleading misinterpretation of what it seeks to achieve. I feel that, perversely, not putting in place protections would be inherently more of a bar to freedom of speech, because users’ content can be taken down at the moment with random unpredictability and without any justification or redress. Others are afraid to speak up, fearing pile-on harassment and intimidation from anonymous accounts.

The fact is that this is a once-in-a-generation opportunity to make this legislation effective and meaningful.

Online Safety Bill

Caroline Dinenage Excerpts
Caroline Dinenage Portrait Dame Caroline Dinenage (Gosport) (Con)
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I congratulate my hon. Friend on taking his new position; we rarely have a new Minister so capable of hitting the ground running. He makes a crucial point about clearness and transparency for both users and the social media providers and other platforms, because it is important that we make sure they are 100% clear about what is expected of them and the penalties for not fulfilling their commitments. Does he agree that opaqueness—a veil of secrecy—has been one of the obstacles, and that a whole raft of content has been taken down for the wrong reasons while other content has been left to proliferate because of the lack of clarity?

Damian Collins Portrait Damian Collins
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That is entirely right, and in closing I say that the Bill does what we have always asked for it to do: it gives absolute clarity that illegal things offline must be illegal online as well, and be regulated online. It establishes clear responsibilities and liabilities for the platforms to do that proactively. It enables a regulator to hold the platforms to account on their ability to tackle those priority illegal harms and provide transparency on other areas of harmful content. At present we simply do not know about the policy decisions that companies choose to make: we have no say in it; it is not transparent; we do not know whether they do it. The Bill will deliver in those important regards. If we are serious about tackling issues such as fraud and abuse online, and other criminal offences, we require a regulatory system to do that and proper legal accountability and liability for the companies. That is what the Bill and the further amendments deliver.

UK City of Culture: Southampton’s Bid

Caroline Dinenage Excerpts
Tuesday 19th April 2022

(4 years, 3 months ago)

Commons Chamber
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Caroline Nokes Portrait Caroline Nokes
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I thank my constituency neighbour, and on this occasion hon. Friend, for making that important point and wonder whether he has predicted one of the next chunks of my contribution.

As I have said, we are all celebrating this bid. It is being celebrated by neighbouring authorities and by organisations, business and community groups alike, and an impressive list of ambassadors. It is being supported by the schools, colleges and universities across the region, by the National Oceanography Centre, by our collective museums, art galleries and theatres—which my right hon. Friend the Member for Basingstoke (Mrs Miller) referenced—by the stadiums, parks and sports centres and above all by the people.

Instinctively, when we think of Southampton we think of the Solent and the water, but our bid is not just about boat shows and regattas, brilliant though they are; it is also about the ripple effect of our culture, the tide of Solent water that rises not just once, but twice a day, and carries people with it. There is a tendency to think of people using that tide to leave the city. After all we have a park and a theatre named after the Mayflower, Southampton was where the Titanic set sail on her ill-fated maiden voyage, and it is the cruise capital of the UK, but that tide has, as my constituency neighbour the hon. Member for Southampton, Test (Dr Whitehead) said, also historically brought people to the city. As a result, it has a rich and varied culture, with over 150 languages spoken, with places of worship of every religion we can think of, and an annual peace walk that brings all faiths together. It is a city that celebrates and enjoys difference and diversity while also working hard to bring people together, and of course that is what being the city of culture is all about and can accentuate, widening the reach of that strong maritime history, and enabling the wider region to participate in the legacy this bid seeks to bring.

Caroline Dinenage Portrait Dame Caroline Dinenage (Gosport) (Con)
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Does my right hon. Friend agree that this mission of addressing need and creating opportunity is important for both Southampton and the wider region and the ripple effect she spoke about? My Gosport constituency has some pockets of real need and deprivation but also a jewel of heritage, particularly naval heritage, which is so important to celebrate. There is so much potential through this bid to benefit the wider area in both levelling up and also celebrating the things we treasure. That is why I agree that this is an important bid for us to win.

Caroline Nokes Portrait Caroline Nokes
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I thank my hon. Friend for that comment. She is right. We do have a rich maritime history. The trading character of Southampton but also the Royal Navy heritage of Portsmouth and Gosport are key to this.

As I was saying, when it comes to faith, it is not just about the mosques, the gurdwaras, the Christian churches, the Friends meeting house, the synagogue and the Vedic temple; there are also the shrines to the sporting prowess that the region has in abundance. In this bid we celebrate many religions—that of sport, of music, of food. St Mary’s is a fabulous church, where the annual Titanic memorial service is held, but it is also where we worship idols like Ted Bates, Lawrie McMenemy and the current bid ambassador James Ward-Prowse. In 2019, another bid ambassador, Southampton’s own Craig David, played there—a concert, I hasten to add, not on the pitch. And we do music in the city, from youth orchestras to festivals, at concerts on the common, and in places like the Engine Rooms and the Joiners. And we most certainly do food. The bid chairman is Masterchef winner Shelina Permalloo, who runs her Mauritian street kitchen in Bedford place. My right hon. Friend the Chancellor had his first job at Kuti’s famous brasserie, and we have food from literally everywhere. I always say that food brings communities together, and whether it is the big iftar at the Medina mosque or the langar at the gurdwara in Peterborough road, you can point to examples across our city where we come together to celebrate and to eat.

There are other, different types of temple, across the region—those that celebrate sport like the Ageas bowl, which my hon. Friend the Member for Eastleigh (Paul Holmes) has already referenced, the home of Hampshire cricket, in neighbouring Eastleigh—and my thanks to that borough for supporting the bid. The village of Hambledon, known as the cradle of cricket, is in the Winchester City Council area, which is also backing this bid. Even in the Solent itself we play cricket. Who would have thought that it was a water sport, but the annual Bramble Bank cricket match happens in the Solent, in late August or early September, dependent upon the tides I have already referred to, literally half way between Southampton and Cowes—which brings me on to some of the more interesting partner relationships, because even Portsmouth is backing this bid. Those who understand the region know there is a challenging rivalry between the two cities, but there is wide recognition that what benefits one will also benefit the other, in terms of visitors, volunteering hours, participation and even levelling up.

Levelling up is not something that is geographically limited to the north. There are challenges in the south as well, as my hon. Friend the Member for Gosport (Dame Caroline Dinenage) said. Sometimes Southampton has been described as a northern city in the south, but of course we do have our own character. You only have to look at what city of culture has achieved for Liverpool and for Hull, bringing places together, bringing a focus for activities and an ongoing legacy. That is one of the crucial parts of the city of culture. I would like to pay tribute to the Southampton bid team, who have made legacy their focus, recognising the year of culture would be 2025, but securing ongoing commitments from businesses and organisations which stretch far beyond that. They have looked at the challenges we face, contemplated the difficulties that the pandemic has brought, and recognised that mental health, particularly for men, has been a big issue, and they have developed a programme of events to include everyone, regardless of age, gender, ability, ethnicity and faith. They have celebrated our rivers—the Itchen and the Test, which combine in the Solent. We have a rich maritime history, which you might expect to be an enormous theme.

But this is also a region which has much to celebrate in the sky. The Spitfire was designed and built here, in Woolston, but tested over the hills of King’s Somborne, much further north in my constituency, and it protected us during the second world war. The first ever website was developed by Tim Berners-Lee, a professor at Southampton University, and while one may not be able to see and hear the world wide web in the same way one could the Spitfire, it has come to dominate our lives, as the debate immediately prior to this one ably demonstrated. And this is a bid earthed in our land, with the open parks and the adjacent New Forest, and the South Downs national parks. It is also a bid for the future, celebrating technology and the changes that that brings. So I say to the Minister, and to all those assessing this bid, that we know that we have a great deal to offer, so let us make it so.

Online Safety Bill

Caroline Dinenage Excerpts
2nd reading
Tuesday 19th April 2022

(4 years, 3 months ago)

Commons Chamber
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Caroline Dinenage Portrait Dame Caroline Dinenage (Gosport) (Con)
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I congratulate the ministerial team and the army of fantastic officials who have brought this enormous and groundbreaking Bill to its current stage. It is one of the most important pieces of legislation that we will be dealing with. No country has attempted to regulate the internet so comprehensively as we have, and I welcome all the improvements that have been made to bring the Bill to this point. Those people have been extremely brave, and they have listened. There are widely competing interests at stake here, and the navigation of the Bill to a position where it has already achieved a degree of consensus is quite remarkable.

The pressure is on now, not least because we have all got into the habit of describing the Bill as the cavalry coming over the hill to solve all the ills of the online world. It is worth acknowledging from the outset that it will not be the silver bullet or the panacea for all the challenges that we face online. The point is, however, that it needs to be the best possible starting point, the groundworks to face down both the current threats and, more important, the likely challenges of the future. We all have a huge responsibility to work collaboratively, and not to let this process be derailed by side issues or clouded by party politics. Never has the phrase “not letting the perfect be the enemy of the good” been more appropriate. So much will be at risk if we do not seize the opportunity to make progress.

As the Secretary of State pointed out, the irony is that this vast and complex legislation is completely unnecessary. Search engines and social media platforms already have the ability to reduce the risks of the online world if they want to, and we have seen examples of that. However, while the bottom line remains their priority—while these precious algorithms remain so protected—the harms that are caused will never be tackled. With that in mind, I am more convinced than ever of the need for platforms to be held to account and for Ofcom to be given the powers to ensure that they are.

Inevitably, we will need to spend the next few weeks and months debating the various facets of this issue, but today I want to underline the bigger picture. It has always been an overarching theme that protecting children must be a top priority. One of the toughest meetings that I had as Digital Minister was with Ian Russell, whose 14-year-old daughter Molly took her own life after reading material promoting suicide and self-harm on Instagram. That is a conversation that brings a chill to the heart of any parent. Children are so often the victims of online harms. During lockdown, 47% of children said they had seen content that they wished they had not seen. Over a month-long period, the Internet Watch Foundation blocked at least 8.8 million attempts by UK internet users to access videos and images of children suffering sexual abuse.

There is so much at stake here, and we need to work together to ensure that the Bill is the very best that it can possibly be.

Draft Online Safety Bill Report

Caroline Dinenage Excerpts
Thursday 13th January 2022

(4 years, 6 months ago)

Commons Chamber
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Caroline Dinenage Portrait Dame Caroline Dinenage (Gosport) (Con)
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I echo the words of thanks to the Joint Committee and its Clerks, under the excellent chairmanship of my hon. Friend the Member for Folkestone and Hythe (Damian Collins), for this thorough and weighty report. It includes some of the big beasts in the world of online safety, and that is important, because this is one of the single most important pieces of legislation of our time. It is absolutely groundbreaking. It is vast; it is almost five Bills in one, and no country has attempted to regulate the internet so comprehensively.

The pressure is on, not least because we have got into this bad habit of describing this Bill as the calvary coming over the hill for the online world and all the ills it contains. Someone compared it with the motor car, and it has taken decades of legislation to address the safety issues of that evolving technology, so we will never do this in a oner, but this Bill needs to be the very best possible starting point—the foundations to face the current threats, but also the challenges of the future.

I lived with this Bill for 20 months; I can talk about it forever, but I will not. Let us start at the beginning with the algorithms. We have all seen them. We start watching cute videos—in my case, it is usually of babies falling asleep in their own food, but that is probably just me—and immediately we are swept into this rabbit hole of suggested content, and it is designed to keep us engaged as long as possible, because that is where the money is: to capture our attention and sell it to the highest bidder. Do not forget, if we are not paying for the product, it is most likely we are the product.

It gets more sinister than that, though, because that same algorithm that is sending me those cute babies is recommending self-harm to a vulnerable teenager or spreading wildly dangerous disinformation about the dangers of covid. Algorithms are echo chambers. They take our fears and paranoia and surround us with unhealthy voices that reinforce them, however dangerous and hateful.

According to the 2020 Netflix documentary “The Social Dilemma”, former employees of the largest social media companies who were integral to the early development of those algorithms say that addiction is built into the design. Many of them say that the platforms are so unhealthy, they would not let their own kids anywhere near them. As the report says, tackling these design risks at source is more effective than just trying to take down individual pieces of content. We saw that with the outbreak of covid, when 5G masts were burned to the ground because of some wild conspiracy theory that suggested they were the root cause of covid. 3G and 4G masts were also destroyed, because it turns out these people are not wildly bright and cannot tell the difference. We cannot censor this stuff, because that just fuels the sense of a conspiracy theory of state conspiring. We need to stop it before it is force-fed into people and ensure that there is balance. Platforms must tackle the design features that exacerbate the risk of harm, and the legislation should include a specific responsibility for them to do it and for the regulator to enforce it.

I want to talk quickly about a couple of the specifics. There cannot be a Member of the House who has not supported a constituent devastated by online fraud. It is growing exponentially, and there is almost universal agreement that the legislation should address it. That is why we changed things from the White Paper to the draft Bill, but I agree with the Committee that the measure should be strengthened, and it should also be extended to cover paid-for advertising.

Child protection has always been a cornerstone of the Bill. I have no doubt that social media platforms are where the volume is, in terms of both content and people, and in practice it is where very young children are most likely to stumble over really unpleasant content. However, it is not enough to include only user-generated content. The Bill’s credibility will be undermined overnight if the largest commercial pornography providers can keep hosting extreme content and putting children at risk. I would therefore like to see the Bill extended, in line with the age appropriate design code. That would be a really good way of dealing with that, as the report suggests.

On categorisation, no doubt big platforms and search engines are where the volume is, but the digital world changes at lightning pace and trends go viral overnight. Risk should not be judged on size—it must be judged on risk. Emerging platforms can be hotbeds of extremism and really unpleasant content, and they must be appropriately regulated.

A final quick note of caution about the report’s all-or-nothing tone. It makes great suggestions that would strengthen the Bill, but that has been years in the making. I did a tiny bit of it. It has involved many Ministers and a team of fantastic officials, many of whom have worked on it from the beginning. The Bill is like a huge, complicated tapestry: you pull one thread and others can unravel further down the line. The online world is so fast moving—it is evolving at a rate of knots. We have to think carefully about how we change the Bill. Otherwise, it will be obsolete before the ink is dry.

Cultural Objects (Protection from Seizure) Bill

Caroline Dinenage Excerpts
Wednesday 17th November 2021

(4 years, 8 months ago)

Public Bill Committees
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Mel Stride Portrait Mel Stride
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No, they were—beauty is in the eye of the beholder, as it were.

I thank all Members for supporting and attending the Committee, particularly my hon. Friend the Member for Gosport. As the Minister at the time that the Bill was introduced, she was particularly helpful to me and encouraged me to bring these measures to the House.

The Bill is a short, two-clause Bill with a simple objective: to allow the relevant approving authorities to extend immunity from seizure beyond the current 12-month period allowed for in legislation in cases where museums are unable to return loaned objects from abroad because of unforeseen circumstances. The relevant approving authorities are the Secretary of State for Digital, Culture, Media and Sport in England, Ministers in Scotland and Wales, and the Department for Communities in Northern Ireland. The Bill will allow the relevant authority to extend the period of protection for up to three months. This power may be exercised on more than one occasion in relation to a particular object.

The Bill enjoyed strong cross-party support on Second Reading, and no amendments have been tabled. For the following reasons, I hope that the Committee will feel able to support the Bill’s passage to Report and Third Reading.

It may be helpful if I explain why the Bill is important for our museums and galleries, and for the institutions abroad that so generously lend their art treasures for the benefit of the UK public. The Bill seeks to amend part 6 of the Tribunals, Courts and Enforcement Act 2007, which provides immunity from seizure for cultural objects on loan from abroad in temporary exhibitions in museums and galleries in the UK. Under section 134 of that Act, cultural objects on loan from abroad to exhibitions held in UK museums and galleries approved under the Act are protected from court-ordered seizure for a period of 12 months from the date the object enters the United Kingdom. That legislation was adopted in response to growing international concern that works of art were in danger of being seized while abroad by those who claimed that they were owed money by a foreign state or because of territorial disputes between countries.

Section 134 of the 2007 Act provides that an object will be protected against seizure throughout the UK if it meets the conditions under section 134(2) and it is brought here for temporary public display by a museum or gallery that is approved under section 136 of the Act by the Secretary of State for Digital, Culture, Media and Sport or the appropriate authority in the devolved Administrations. The Secretary of State for Digital, Culture, Media and Sport is responsible for approving institutions in England, and the devolved Administrations have similar powers in Scotland, Wales and Northern Ireland. To gain approval under the Act, institutions must demonstrate that their procedures for establishing the provenance and ownership of objects are of a high standard.

In 2007, it was considered that 12 months was an adequate period to allow objects to arrive in the UK and to be returned following their inclusion in a temporary exhibition. Section 134(4) of the 2007 Act therefore provides that the protection continues

“for not more than 12 months beginning with the day when the object enters the United Kingdom.”

The only exception to that, in which case the period can be extended, is where an object suffers damage and repair work is required.

There are now 38 institutions across the UK that have been approved for immunity from seizure, and where objects on loan from abroad have received protection. Exhibitions such as “Tutankhamun” at the Saatchi Gallery in 2019, which was visited by more than 580,000 people, would not have been possible without immunity from seizure being in place.

Caroline Dinenage Portrait Caroline Dinenage (Gosport) (Con)
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I pay tribute to my right hon. Friend for taking this Bill on. I know that there are huge pressures when a Member is selected to introduce a private Member’s Bill. This small change is remarkably important, and I thank him for taking it up. Does he agree that just this little change will make a huge difference in offering the reassurance and comfort that overseas lenders might need when we welcome some of their treasures to our shores? That is really important if we are serious about levelling up. We want to ensure that the British public can enjoy, appreciate and learn from treasures from around the world, and the Bill will provide that bit of extra comfort to those who are prepared to lend them.

Mel Stride Portrait Mel Stride
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I thank my hon. Friend very much for that intervention. She is entirely right that what lies at the heart of the Bill is providing that comfort—that reassurance—to lenders to make sure that these wonderful artefacts, such as those in the “Tutankhamun” exhibition, come to our shores. If I may say so, I think it is particularly important that we bring this measure forward now, given that covid and lockdown have affected a lot of important museums and galleries. Anything we can do to encourage and improve things for them is particularly important at this time.

Applications for approval are still being considered as museums look to increase their capacity to host international exhibitions. For example, the Wallace Collection was approved for immunity from seizure in May this year, in advance of its Frans Hals exhibition, which features the artist’s widely recognised painting, the Laughing Cavalier. Since it entered the Wallace Collection in 1865, that iconic image has never been seen together with other works by the artist. Immunity from seizure has enabled many works by Frans Hals to come together for that exhibition and to be enjoyed alongside that wonderful work, with their owners knowing that their artworks will be protected from seizure.

As I set out on Second Reading, despite the careful planning of exhibition schedules, unforeseen delays do occur, including to transport. I gave the example of the Icelandic volcano that erupted in 2010. More recently, of course, the covid-19 pandemic closed museums and cancelled flights. That meant that even where exhibitions had concluded, it was not always possible to return loaned items within the 12-month limit.

The Bill will allow the period of protection to be extended beyond 12 months at the discretion of the Secretary of State for Digital, Culture, Media and Sport for institutions in England, or the relevant authority in the devolved nations. The circumstances under which an extension may be considered will be set out in guidance to be developed in discussion with the devolved nations. The guidance will assist museums in applying for an extension, which would be for a further three months initially, with a possibility of a further extension if considered necessary. The measure is strongly supported by the museums sector and by Arts Council England, the Government’s development agency for museums.

This is a short and simple Bill. Clause 1, which deals with the protection of cultural objects on loan, amends section 134 in part 6 of the Tribunals, Courts and Enforcement Act 2007. New subsection (4A) provides that the relevant authority has the power to extend the existing maximum period of protection for a further period of three months. New subsection (4B) clarifies that the Secretary of State will have the power to extend the period of protection where the object is in the UK for the purpose of public display in England. Whichever relevant authority uses its power, the protection of the Bill will continue to apply UK-wide. New subsection (4C) clarifies that the power can be exercised more than once in relation to the same object. New subsection (4D) clarifies that an extension granted is in addition to the maximum protection period. Clause 2 sets out the territorial extent and commencement arrangements and provides the short title of the Bill.

I hope the Committee agrees that the Bill will provide our museums and galleries with a greater degree of certainty in planning international exhibitions, which are crucial and a major part of their income, and give the UK public the opportunity to enjoy cultural treasures from other countries. The Bill will also build the confidence of international lenders, who will understand that where difficulties arise, immunity from seizure can continue to be in place until the loans can be safely returned to them. I commend the Bill to the Committee.