Online Abuse

Catherine McKinnell Excerpts

Monday 29th April 2019 Westminster Hall

[Helen Jones (Warrington North) (Lab)]

I beg to move,

That this House has considered e-petition 190627 relating to online abuse.

It is a great pleasure to serve under your chairmanship, Ms Ryan. The petition was started by Katie Price following the abuse of her son Harvey online. The Petitions Committee set up an inquiry into the subject, throughout which we have been led by the experiences of disabled people. We held an event in Westminster to listen to their experiences and scope out our inquiry, as well as six further events around the country. We took formal evidence from the police, technology companies, charities, the Minister and disabled people themselves, and we published draft recommendations and consulted on them. I think we were the first Select Committee to do so, and we held further events around the country to make that work.

I place on record my thanks to all the people who gave so generously of their time to engage with us, and to the Select Committee staff, who not only worked extremely hard on the inquiry but travelled widely throughout the country to do so. That engagement was very important to us because, despite the fact that other Select Committees have done excellent work on both hate crime and internet safety, we found that the voices of disabled people were often not heard, and that became even clearer to us as the inquiry proceeded.

We found that rather puzzling; after all, disabled people are more likely to be in contact with a range of services—from council services to the Department for Work and Pensions and the health service. They therefore should be easy to contact, although, as one of our witnesses said:

“We’re not hard to reach, only easy to ignore.”

That leads to a misunderstanding of what disabled people are facing online, and what their problems really are.

When we asked both the technology companies and the Minister questions about disabled people, we often got answers about children. The Government’s Green Paper on internet safety said very little about the experiences of disabled people. When we raised that with the Minister, she kindly wrote to us in April last year saying that the Government planned to hold a roundtable with disability organisations and social media companies. The only problem with that is that the inquiry closed in December 2017.

Most disabled people are not children; they are adults who are able to make their own choices and decisions, and they deserve to have their voices heard. What we found out when talking to them was truly shocking. Disabled people are less likely to use the internet than the majority of the population but, among those who do, many are avid users. To be frank, the internet has been a boon to many disabled people. It has allowed them to connect with others with similar conditions, which is very important, especially if they have a rare condition. It has allowed them to widen their social circle, progress in their careers, organise, campaign and challenge stereotypes. However, while doing that, they face the most horrendous abuse—not occasionally, but day in, day out.

Such abuse is, frankly, a stain on our society. Disabled people are regularly told that they should have been aborted. They are targeted with requests for explicit images—the implication being that disabled women, in particular, ought to be grateful for any attention. They are told that they are benefit scroungers or fraudsters, and a drain on our society. That leads to a culture of fear among many disabled people who post about their lives online.

[Catherine McKinnell (Newcastle upon Tyne North) (Lab)]

I thank the Chair of the Petitions Committee for giving way. She and I worked together on the report, and I commend her for the speech that she is making. Almost all of us in the Chamber know that people say things online that they would never say directly to someone’s face. However, one of the most distressing aspects of the report—this was shared with me during one of the outreach events that we held in Newcastle—is that the abuse that disabled people receive online often reflects the abuse that they receive out and about in their daily lives in the real world. Does my hon. Friend agree that, as is set out in a conclusion of the report, the Government need to amend hate crime legislation to ensure that disability hate crime is dealt with on a par with other hate crime offences, to send a very clear message?

[Helen Jones]

My hon. Friend is exactly right, and I will come to that point later in my remarks.

Online, those with visible disabilities are often mocked for how they look. Those with learning difficulties are targeted for sexual or financial exploitation. Some of the terms used—I will repeat them only to show how vile they are—such as “mong”, “retard” and “spastic”, are as vile as the worst terms of racist abuse; yet they are often not treated in the same way. People even join Facebook groups that disabled people use for support so that they can steal images and transform them into so-called jokes or memes online.

My hon. Friend is entirely right; the disabled people we spoke to were very clear that the abuse that they get online reflects attitudes in society. That is why our report called for more education. We found that 21% of young adults would avoid speaking to a disabled person. Unless we break down those barriers, things will not change. I am sorry that the Government were rather dismissive of that recommendation in their response.

Disabled people were also clear that the abuse had increased since 2010, when certain politicians started to ramp up the rhetoric about benefit fraudsters and scroungers, despite knowing that, even on the worst estimate, benefit fraud is only 1% of the spending. In many estimates, it is less than that. That should be a reminder to everybody that such rhetoric has an impact on real people living their day-to-day lives.

We were clear that part of the way to counter the abuse is to promote more positive images of disabled people. After all, they are 20% of the population, and 19% of the working-age population. They are our friends, neighbours and work colleagues; yet they are seldom visible, either in the media or Government campaigns. That is why we recommended that the Government ensure that there are positive images of disabled people in all their campaigns, events and advertising.

The Government’s response says that they used a picture of a disabled person in a campaign on transport because disabled people often have problems with transport. It would be an understatement to say that that comprehensively misses the point. We do not want always to see pictures of disabled people who have problems—indeed, sometimes they themselves are seen as the problem. We want to see pictures of disabled people going about their everyday lives at work, at leisure and contributing to society, as they do.

That kind of misunderstanding is everywhere. It leads to a situation in which disabled people who report abuse are often told to go offline. That is as unacceptable in the 21st century as it would be to tell a black person or a disabled person not to go down the high street in case they get abused. When that happens, disabled people face a double whammy: first, their health is damaged by the constant abuse—Members of this House ought to know how that feels—and then they are denied opportunities that would improve their health, in volunteering or in work, and their social circle is narrowed. For those who are in work, constantly having to change their details to avoid abuse leads to loss of employment opportunities or promotion.

We cannot do anything about this problem until we start to understand it, but people do not. For example, we became aware during our inquiry that a lot of the abuse related to football, with people using disability terms as insults. Shockingly and appallingly, they were using the name of Harvey Price, who is a child and a football fan, to insult someone on their ability as a footballer. We wrote to the footballing organisations—the Professional Footballers Association, Kick It Out, the Football Association, the Premier League and the English Football League—but only one replied before our inquiry concluded. The Premier League’s reply was about access to football grounds and abuse at the grounds—it just did not get it. It is shocking that some of those organisations did not reply at all; it is shameful, in fact, because clubs and footballers have a great influence on their fans. I hope that in future they will use their position to call out hatred of disabled people in the same way that they have rightly called out racism associated with the game.

It is that lack of understanding that leads to disabled people being categorised as children and to their voices not being heard. We have therefore recommended that in future the Government should consult disabled people explicitly and directly on all matters that concern them—not those who claim to speak on their behalf, but disabled people themselves.

We were bemused about why social media companies have failed to engage with people who could be among their strongest advocates. What engagement there has been has come too late and has often been too little. For example, where people with learning difficulties are concerned, Facebook told us that it thought its how-to videos made easy-read guidelines unnecessary, while Google said that it thought its community guidelines met the easy-read guidelines. Disabled people disagreed: they do not.

Twitter told us that it thought that simplifying its policies would make them harder to understand, yet easy-read versions are frequently produced of complex documents such as health consultations, tenancy agreements and even—dare I say it—Select Committee reports. It is not that the guidance and expertise needed to produce easy-read versions are not available; it is that social media companies have never thought to seek that guidance and act on it.

We also found that most disabled people, like the rest of us, were confused by the fact that policies are called different things on different sites. Even more importantly, reporting mechanisms are often not accessible to disabled people. Shockingly, we heard again and again that when disabled people have reported hate speech, often nothing has been done.

--- Later in debate ---

[Helen Jones]

Whether there should be a particular person charged with that is one issue, but I think disabled people are well able to speak for themselves about this, and have been doing so when people choose to hear them.

Social media companies should certainly do more. For example, we found that Twitter talks about dealing with threats of violence by removing an offending tweet or suspending an account, but nowhere does it say that threats to kill are a serious criminal offence and should be reported to the police. That in itself is breeding confusion. We often found that the police were having to pick up things that should really have been dealt with by social media companies. We think it quite wrong that police resources should have to be used in that way because the social media companies are failing.

Social media companies need clear rules, policies, mechanisms and settings that are accessible to all disabled people. They also need to be much more proactive in removing hate speech from their sites and reporting potential criminal offences, including the theft of images, which was one of the worst things that we found—particularly images of children that were used to create so-called memes or jokes.

Rightly, the Government’s White Paper on online harms commits to imposing a duty of care on social media companies and making them responsible for harmful or illegal content on their sites. However, the document refers repeatedly to

“children and other vulnerable users”.

We must understand that many disabled people resent the categorisation of all disabled people as vulnerable. They are not. Like the rest of us, some are vulnerable and some are not. Mostly, they are disadvantaged by how society treats them, rather than by the intrinsic nature of their condition. I hope that the Minister’s reply will reassure us that those things will apply to all kinds of abuse.

What is very clear is that self-regulation has comprehensively failed disabled people in the same way that it has failed many other people who use the internet. Unfortunately, so has the law, as the hon. Member for Livingston (Hannah Bardell) pointed out. The Government tell us constantly that what is illegal offline is illegal online. That is true as far as it goes, but it does not go very far. There are potentially 30 statutes that could apply to online offences. Some offences, such as the theft of images or instigating pile-ons, can occur only online.

The fact that, as one of our witnesses put it,

“not all the pieces of the jigsaw join up”

is leading to a low rate of prosecution in this area. If the law cannot deal with the creation of fake child pornography to mock a disabled child and his family, as happened in the case of Harvey Price, it is simply inadequate. We need a new law that is fit for the digital age, which is why we have recommended that the Government bring forward legislation as a matter of urgency and consult disabled people before doing so.

The Government should make disability hate crime an offence in the same way that crime against someone due to their race or religion is an offence. At the moment, it is only an aggravating factor at sentencing, and it is necessary to prove that someone committed a crime because of hostility to someone due to their disability, which is a very high threshold. Both the Crown Prosecution Service and Detective Inspector John Donovan of the Metropolitan police’s online hate crime hub pointed us to the research by the University of Sussex, which shows that disability hate crime was under-reported and under-prosecuted due to the current state of the law.

In their White Paper, the Government include hate crime in a list of harms that they say are clearly defined. I am afraid that it is not clearly defined on disability hate crime, and it urgently needs to be. As our inquiry proceeded, it became clear to us that disabled people do not feel adequately protected by the law, and do not feel that they are heard when they report crimes. People not being heard properly was a recurring theme throughout our inquiry.

Some good work has been done at senior levels of the police and the CPS, but the law will not work properly unless that percolates down through the organisations, and unless the person on the desk in the police station or the officer who comes out to see people understands it. That is why we have recommended more training for police officers, including in dealing with people who have learning disabilities or autism, so that they are not automatically pigeonholed as being unreliable witnesses.

[Catherine McKinnell]

My hon. Friend is being generous with her time. From the most appalling case in my constituency—the abuse and murder of Lee Irving—I know that so-called mate crime is an enormous danger, particularly for people with learning disabilities. The phrase does not adequately describe in any way the serious financial, physical and often sexual exploitation faced by far too many disabled people at the hands of those they are led to believe are their friends. Does my hon. Friend share my concern that although many disabled people can feel isolated in the real world, the friendships that they develop on social media platforms can actually pose a real danger and harm? Social media companies do not have a grip on this, and the legislation does not reflect the seriousness of such offences.

[Helen Jones]

I agree. We say in our report that

“mate crime is hate crime”,

and it should be treated as such. There is a real risk to people from the activities of those vile individuals who target them for exploitation.

We have been asked, and were asked in the petition, whether we thought that a separate register of offenders was necessary for online hate crime. We came to the conclusion that there is no need for a separate register if our suggested changes to the law and to disability hate crime legislation are to be instigated, because those crimes would show up through a normal Disclosure and Barring Service check. We should make it very clear that at the moment, they do not. Often it records the offence but not that it was motivated by hatred of a disabled person. In organisations that are employing someone to deal with disabled people, there is a problem with being unable to check whether they have a record of not instigating any hate crime. That is a real problem, which we think needs to be addressed by changes in the law.

The other thing that we encountered and felt very strongly about during our inquiry was the fact that disabled people do not feel adequately protected by the law, as I said. We were so concerned that we recommended in our report that the Government should commission an overarching review of disabled people’s experiences of the law, including their experiences of reporting crime and giving evidence.

Disabled people are already marginalised by society. They are being marginalised even more by being abused or driven away from one of the key tools of the 21st century: the internet. That really cannot carry on, and I hope the Minister will commit to consulting disabled people on the proposals in the White Paper, just as I hope she will commit to ensuring that internet and social media companies consult them on their policies, settings and so on. In my view, saying simply that that is an example of good practice is not strong enough. We need to ensure that it will happen, because time and again it is clear that disabled people are not heard when they raise issues that concern them. They are not heard when they talk about this kind of abuse, which they get all the time on the internet. It is time that they were fully heard, and that we grasped this issue and did something about it. I hope the Minister will commit to doing that today.