Online Abuse

Jim Shannon Excerpts

Monday 29th April 2019 Westminster Hall

[Helen Jones]

The hon. Lady makes a very valid point. I will move on to legislation shortly.

Our inquiry has led us to conclude that social media companies do not employ enough moderators, or enough suitably trained moderators, to deal with this abuse. Given how much profit they are making, that is frankly scandalous. We also found that there is a lot of confusion about what is the responsibility of social media companies and what is the responsibility of the police. That confusion is often fed by the social media companies themselves.

[Jim Shannon (Strangford) (DUP)]

rose—

[Helen Jones]

I will give way to the hon. Gentleman, but then I must make progress.

[Jim Shannon]

I thank the hon. Lady for making a very passionate and capable speech. Does she agree that perhaps we need someone to be a spokesperson for disabled people online, in a similar way to what has been done for racism and hate crime? Does she feel that perhaps the online companies should set aside a figure such as 1% of their earnings to address the issue? Maybe it is because online abuse as a result of racism and hate seems to be—I use the word very loosely—“sexy”, whereas abuse of disabled people is not. We need someone to be a spokesperson; does the hon. Lady agree that we should set somebody aside for that purpose?

[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.