Online Harms White Paper

Debate between Jeremy Wright and Paul Farrelly

Monday 8th April 2019 Commons Chamber

[Paul Farrelly (Newcastle-under-Lyme) (Lab)]

I congratulate the Secretary of State on the White Paper and on the approach he has taken. This is not about censorship; it is about encouraging responsibility. Many of the recommendations of our Select Committee reports are echoed in the White Paper. In our reports, we left the identity of the new independent regulator unspecified. There will be a consensus that we should try to build on tried and trusted structures, rather than create a new, possibly overlapping and competing public body. In that respect, I draw attention to the growing work between Ofcom, the Information Commissioner’s Office and, where necessary, law enforcement. I encourage the people who respond to the consultation and the Secretary of State, as he takes it forward, to adopt a pragmatic approach.

[Jeremy Wright]

Yes, I will certainly do that. I am grateful for what the hon. Gentleman says about the White Paper. As he will recognise, we have said already that we think freedom of speech is one of the issues that the regulator should concern itself with. Like him, I do not believe that there is any necessary conflict between the promotion of freedom of speech and the protection of the most vulnerable members of our society from some of the most pernicious harms.

On the identity of the regulator, the hon. Gentleman is right that this could become a congested space. He will see in the White Paper that, despite the fact that, initially at least, we have asked people to tell us what they think about the two possibilities as they stand—either a new regulator or the extension of the powers of an existing regulator—we have also envisaged a somewhat more comprehensive look at the way in which the regulatory structures currently operate.

Cairncross Review

Debate between Jeremy Wright and Paul Farrelly

Tuesday 12th February 2019 Commons Chamber

[Jeremy Wright]

Thank you, Madam Deputy Speaker. I will do my best. I am grateful to the hon. Gentleman for inviting me to wish both sides in the Northern Ireland cup final well. That is much easier to do, and I am happy to join him in doing that. As for the BBC, there are no Government punches being thrown here, pulled or otherwise; we are talking about the recommendation of an independent review and, as I say, Dame Frances is making a sensible and balanced set of proposals. As for his comments about the online platforms, I agree with him that there are concerns about the concentration of market power in very few hands and about the responsibilities of these companies to keep their users safe online. I can tell him that the Government are conscious about acting on both those things. I shall be giving some of the messages he has just outlined directly to the online platforms when I travel to the United States next week.

[Paul Farrelly (Newcastle-under-Lyme) (Lab)]

I thank the Secretary of State for his kind words about Gordon Banks. He was not only England’s greatest goalkeeper, but Stoke City’s—the Potters’—greatest goalkeeper, too. He was also a friend of mine. He lived in my borough of Newcastle-under-Lyme. I well remember going to see him in the 1960s when he first joined Stoke and my dad took me to the terraces of the old Victoria Ground.

I come from North Staffordshire, which is well served by its local newspaper, The Sentinel. It is a tribute to the editor, Martin Tideswell—Stoke born and bred—that in these difficult days and times it not only comes out six days a week, but has managed to keep a lot of display and classified advertising. The Government clearly cannot subsidise newspapers; that is not what journalism is about. Is it not about time that the major beneficiaries online, such as Google and Facebook, not only pay their taxes, but are held better to account over copyright and pay fairer dues to publishers, including those of national and local newspapers?

[Jeremy Wright]

On the hon. Gentleman’s last point, he will know that the Government supported the progress of the EU directive on copyright. We believe it appropriate that those who create content are properly rewarded for what they do. As he knows, this is a complex area, but we are keen to see further measures to ensure that content creators are properly rewarded.

Defamation Bill

Debate between Jeremy Wright and Paul Farrelly

Wednesday 12th September 2012 Commons Chamber

[Paul Farrelly (Newcastle-under-Lyme) (Lab)]

May I both welcome the new ministerial team and put on record my sadness that the hon. Member for Huntingdon (Mr Djanogly) will not pilot the Bill through? He did a lot of work on the Bill. He said he would reconsider certain details in respect of websites, and the Government have brought forward amendments, which I welcome.

New clause 1 seeks to address a perverse and, no doubt, unintended anomaly, whereby so long as a website operator complies with all the requirements and delivers up the identity of the poster, they can continue to publish content on the site. I pointed out that anomaly in Committee, using the example of a political website that, having complied, continued to run defamatory material about rivals for the sheer mischief of it. This is a live issue.

I have one principal question. The new clause seems to be very narrowly drawn. It appears to say that the claimant must first succeed in an action for defamation for the court to be able to order a website operator to take down material. The amendments I tabled in Committee, but then withdrew, were broader. They covered, for instance, circumstances where an individual could ask for an injunction ordering that material be taken down in advance of an action for libel, which might, of course, take some time to be heard. Is it the Government’s intention that courts should be able to issue injunctions or other orders only after a successful libel action? It would also be helpful if the Minister could clarify the meaning of subsection (2) of the new clause.

[Jeremy Wright]

I thank Members for their kind words of welcome to me and my fellow Justice Minister, my hon. Friend the Member for Maidstone and The Weald (Mrs Grant). I also echo the tribute the hon. Member for Newcastle-under-Lyme (Paul Farrelly) has just paid to my predecessor, my hon. Friend the Member for Huntingdon (Mr Djanogly), whom I thought the hon. Member for Bishop Auckland (Helen Goodman) was very harsh on, as he certainly was involved in the concessions—

--- Later in debate ---

[Jeremy Wright]

My hon. Friend raises some fair questions. I know that he will forgive me if I do not litigate a case that may or may not have happened 22 years ago. As he knows, there is various case law on these issues as they affect public authorities and defamation—if he will forgive me, I will not go down that road. However, I will urge the hon. Member for Bishop Auckland not to press amendment 7—

[Paul Farrelly]

rose—

--- Later in debate ---

[Jeremy Wright]

Before doing so, I will give way, one last time, to the hon. Gentleman.

[Paul Farrelly]

The Minister has been clear that he wishes courts to make orders only after successful defamation cases. What he has not answered is my question about the meaning of subsection (2) of the new clause, which refers to subsection (1) not affecting

“the power of the court”.

The courts, of course, have the power to issue injunctions.

[Jeremy Wright]

Of course they do. The hon. Gentleman is right to say that I omitted to mention that and of course that is exactly the point. The court’s right to make injunctions remains, and although interim injunctions are rare, they are still available. The purpose of the subsection is to ensure that they remain so. With that, I ask that hon. Members support new clause 1 and amendments 5 and 6, and I urge them to resist amendment 7.

Question put and agreed to.

New clause 1 accordingly read a Second time, and added to the Bill.

New Clause 2

Disapplication of Legal Aid, Sentencing and Punishment of Offenders Act 2012

‘Sections 44 and 46 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 shall not apply in relation to civil actions for defamation, malicious falsehood, breach of confidence, privacy or publication proceedings.’.—(Robert Flello.)

Brought up, and read the First time.