Online Safety Bill

Debate between Damian Collins and John Nicolson

Report stage
Monday 5th December 2022 Commons Chamber

[John Nicolson]

I rise to speak to the amendments in my name and those of my right hon. and hon. Friends, which of course I support.

It is welcome to see the Online Safety Bill back in the House. As we have debated this Bill and nursed it, as in my case, through both the Bill Committee and the Joint Committee, we have shone a light into some dark corners and heard some deeply harrowing stories. Who can forget the testimony given to us by Molly Russell’s dad, Ian? As we have heard, in the Public Gallery we have bereaved families who have experienced the most profound losses due to the extreme online harms to which their loved ones have been exposed; representatives of those families are watching the proceedings today. The hon. Member for Pontypridd (Alex Davies-Jones) mentioned that Ian is here, but let me mention the names of the children. Amanda and Stuart Stephens are here, and they are the parents of Olly; Andy and Judy Thomas are here, and they are the parents of Frankie; and Lorin LaFave, the mother of Breck is here, as is Ruth Moss, the mother of Sophie. All have lost children in connection with online harms, and I extend to each our most sincere condolences, as I am sure does every Member of the House. We have thought of them time and time again during the passage of this legislation; we have thought about their pain. All of us hope that this Bill will make very real changes, and we keep in our hearts the memories of those children and other young people who have suffered.

In our debates and Committee hearings, we have done our best to harry the social media companies and some of their secretive bosses. They have often been hiding away on the west coast of the US, to emerge blinking into the gloomy Committee light when they have to answer some questions about their nefarious activities and their obvious lack of concern for the way in which children and others are impacted.

We have debated issues of concern and sometimes disagreement in a way that shows the occasional benefits of cross-House co-operation. I have been pleased to work with friends and colleagues in other parties at every stage of the Bill, not least on Zach’s law, which we have mentioned. The result is a basis of good, much-needed legislation, and we must now get it on to the statute book.

It is unfortunate that the Bill has been so long delayed, which has caused great stress to some people who have been deeply affected by the issues raised, so that they have sometimes doubted our good faith. These delays are not immaterial. Children and young teenagers have grown older in an online world full of self-harm—soon to be illegal harms, we hope. It is a world full of easy-to-access pornography with no meaningful age verification and algorithms that provide harmful content to vulnerable people.

I have been pleased to note that calls from Members on the SNP Benches and from across the House to ensure that specific protection is granted to women and girls online have been heeded. New communications offences on cyber-flashing and intimate image abuse, and similar offences, are to be incorporated. The requirements for Ofcom to consult with the Victims’ Commissioner and the Domestic Abuse Commissioner are very welcome. Reporting tools should also be more responsive.

New clause 28 is an important new clause that SNP Members have been proud to sponsor. It calls for an advocacy body to represent the interests of children. That is vital, because the online world that children experience is ever evolving. It is not the online world that we in this Chamber tend to experience, nor is it the one experienced by most members of the media covering the debate today. We need, and young people deserve, a dedicated and appropriately funded body to look out for them online—a strong, informed voice able to stand up to the representations of big tech in the name of young people. This will, we hope, ensure that regulators get it right when acting on behalf of children online.

I am aware that there is broad support for such a body, including from those on the Labour Benches. We on the SNP Benches oppose the removal of the aspect of the Bill related to legal but harmful material. I understand the free speech arguments, and I have heard Ministers argue that the Government have proposed alternative approaches, which, they say, will give users control over the content that they see online. But adults are often vulnerable, too. Removing measures from the Bill that can protect adults, especially those in a mental health spiral or with additional learning needs, is a dereliction of our duty. An on/off toggle for harmful content is a poor substitute for what was originally proposed.

The legal but harmful discussion was and is a thorny one. It was important to get the language of the Bill right, so that people could be protected from harm online without impinging on freedom of expression, which we all hold dear. However, by sending aspects of the Bill back to Committee, with the intention of removing the legal but harmful provisions, I fear that the Government are simply running from a difficult debate, or worse, succumbing to those who have never really supported this Bill—some who rather approve of the wild west, free-for-all internet. It is much better to rise to the challenge of resolving the conflicts, such as they are, between free speech and legal but harmful. I accept that the Government’s proposals around greater clarity and enforcement of terms and conditions and of transparency in reporting to Ofcom offer some mitigation, but not, in my view, enough.

[Damian Collins]

The hon. Gentleman will remember that, when we served on the Joint Committee that scrutinised the draft Bill, we were concerned that the term “legal but harmful” was problematic and that there was a lack of clarity. We thought it would be better to have more clarity and enforcement based on priority illegal offences and on the terms of service. Does he still believe that, or has he changed his mind?

[John Nicolson]

It is a fine debate. Like so much in legislation, there is not an absolute right and an absolute wrong. We heard contradictory evidence. It is important to measure the advantages and the disadvantages. I will listen to the rest of the debate very carefully, as I have done throughout.

As a journalist in a previous life, I have long been a proponent of transparency and open democracy—something that occasionally gets me into trouble. We on the SNP Benches have argued from the outset that the powers proposed for the Secretary of State are far too expensive and wide-reaching. That is no disrespect to the Minister or the new Secretary of State, but they will know that there have been quite a few Culture Secretaries in recent years, some more temperate than others.

In wishing to see a diminution of the powers proposed we find ourselves in good company, not least with Ofcom. I note that there have been some positive shifts in the proposals around the powers of the Secretary of State, allowing greater parliamentary oversight. I hope that these indicate a welcome acknowledgement that our arguments have fallen on fertile Government soil—although, of course, it could be that the Conservative Secretary of State realises that she may soon be the shadow Secretary of State and that it will be a Labour Secretary of State exercising the proposed powers. I hope she will forgive me for that moment’s cynicism.