Online Harms Consultation

Maria Miller Excerpts

Tuesday 15th December 2020 Commons Chamber

[Oliver Dowden]

I thank the hon. Lady for her question; she raises an important point. We are looking to legislate to make self-harm illegal—to push it into that category. On international engagement, there is a coalition of nations around the world that are now moving in this direction, including the US. The hon. Member for Cardiff Central (Jo Stevens) mentioned steps taken in Ireland and elsewhere. We have constantly led this debate. We started this debate with these proposals and we are delivering them at a faster pace than other countries around the world.

[Mrs Maria Miller (Basingstoke) (Con) [V]]

I warmly welcome my right hon. Friend’s statement. However, we have to be very clear that the duty of care and the regulator that he is proposing will not look at or resolve individual complaints. What is more, we are already seeing some of the smart movers in the online world starting to change their practices so that they will evade the regulation that he is talking about. So, to be really effective this Bill has to sit alongside stronger and clearer laws that protect the individual from dreadful online abuse, such as image-based abuse which the Secretary of State and I have talked about, and which I know he cares as deeply as I do about resolving. He cannot introduce one without the other, so can he give me an assurance today that he will put reforms, particularly with regard to online image-based abuse, on the same time-footing as the Bill he is talking about today?

[Oliver Dowden]

My right hon Friend, another former Culture Secretary, makes an important point. She and I have discussed this at length. It is absolutely essential that, alongside the duties of care, we specifically outlaw certain things: she has made important points around deep fakes, cyber-flashing and so on. I can confirm that, working with the Law Commission, we will be looking through this legislation specifically to outlaw that kind of activity and make it illegal.

Online Harms

Maria Miller Excerpts

Wednesday 7th October 2020 Westminster Hall

[Holly Lynch (Halifax) (Lab)]

I beg to move,

That this House has considered online harms.

It is always a pleasure to serve under your chairmanship, Sir Edward. I am delighted to have secured this debate this afternoon. I know that lots of colleagues are keen to participate, and many of them have much greater expertise in this policy area than I do. I have never been more overwhelmed on securing a debate by offers of briefings, information, research and support from organisations that are dedicated to trying to make a difference in this area. Given the strength of feeling and the depth of the evidence base, it is remarkable that we have not made more progress.

I was approached by the Petitions Committee who asked if four online petitions could be considered as part of this debate. Those petitions are entitled: “Make online abuse a specific criminal offence and create a register of offenders,” “Make online homophobia a specific criminal offence,” “Hold online trolls accountable for their online abuse via their IP address” and “Ban anonymous accounts on social media”. The petitions have collectively been signed by more than half a million people and I am pleased to say that there were 773 signatories from my Halifax constituency.

I had intended to include a list and thank all those who sent briefings, but there were so many, it would take me about 12 hours to read out that list. I would therefore just like to mention the National Society for the Prevention of Cruelty to Children, Barnardo’s, the Antisemitism Policy Trust, John Carr OBE, the Mayor of London, Sadiq Khan, and my good and honourable Friend the Member for Ogmore (Chris Elmore), who has a vast knowledge and expertise in this area, not least in his capacity as the chair of the all-party parliamentary group on social media. I will reference others throughout my speech. I thank them all for the information and support in shaping the focus of my efforts.

During lockdown, we have seen how the internet has facilitated digital connection and social media has provided a lifeline to the outside world for so many. None of us in this room is ignorant of the good that social media can do; however, as lawmakers, we are all collectively responsible for the utter failure to regulate it and for the societal damage that that is causing.

The online harms White Paper published last year confirms that nearly nine in 10 UK adults and 99% of 12 to 15-year-olds are online. The NSPCC estimates that in the first three months of 2020, online sex crimes recorded against children surpassed 100 a day—that is roughly one every 14 minutes. Barnardo’s also contacted me about some of the harrowing online experiences it has been supporting children through as part of its new “See, Hear, Respond” campaign over the course of the lockdown—the sorts of experiences that would significantly damage adults, let alone children.

As MPs, we all know what it is like to be in the public eye and to be on the receiving end of online abuse, but I started to ramp up my work in this area when I was approached by a brilliant woman, Nicky Chance-Thompson, who is the chief exec of the magnificent Piece Hall in my constituency, which everyone should come and visit when they have the opportunity. She is a deputy lieutenant and the Yorkshire Choice Awards Business Woman of the Year 2019. She is also on Northern Power Women’s power list.

When Caroline Flack tragically died in February this year, Nicky bravely approached me and others to share her own experiences of women in the public eye and to call on all of us to get a grip of online abuse before any further lives are lost. Nicky published an article with the Yorkshire Evening Post describing how she was a victim and survivor of online abuse, which rides high on social media. She said:

“Cowards hiding behind fake profiles can say anything they like about anyone, and there appears to be no consequences for them nor recourse for the victims…Misogyny is unpalatably frequent. Many women in high profile or public positions cop it simply for doing their jobs or being successful.”

She urged everyone involved to speak up and take action because “silence is killing people.”

Nicky’s article was published by the Yorkshire Evening Post as part of their “Call It Out” campaign, which has been spearheaded by editor, Laura Collins. It proved to be the catalyst for a broader initiative between Nicky, myself, editors of the Yorkshire Post and Yorkshire Evening Post, James Mitchinson and Laura Collins, Stop Funding Hate, the Conscious Advertising Network and the Journalism Trust Initiative, led by Reporters Without Borders. We came together to agree a constructive way forward to make progress on cleaning up the internet. We interrogated the online harms White Paper; its joint ministerial statement bears the names of two former Cabinet Members who both left Government over a year ago, which hardly screams urgency, but it does state:

“While some companies have taken steps to improve safety on their platforms, progress has been too slow and inconsistent overall.”

I am afraid that, in itself, is a reflection of the Government’s inaction.

We talk a great deal about public health right now, but, as my hon. Friend the Member for Newcastle upon Tyne North (Catherine McKinnell) said in a discussion I had with her about her Petitions Committee investigation into online abuse, we will look back on this period in history with disbelief and shame that we did nothing in the face of what can only be described as a public health ticking time bomb. She compared unregulated online abuse and hate to smoking, and that analogy is entirely right.

Until a landmark study in the 1950s, whether a person chose to smoke was nothing to do with Government, and even when the body of research provided evidence for the link between tobacco use and lung cancer and other chronic diseases, Governments were slow to involve themselves in efforts to stop people smoking, or to get them to smoke less or not to start in the first place. If we think about where we are now on smoking, although smoking cessation budgets have been slashed in recent years, we proactively fund stop smoking services, have school education programmes and heavily regulate what is available to purchase and how it is advertised.

We do that because we recognised that smoking was having a detrimental impact on physical health. We invested, not only because it was the right thing to do, but because it was more cost-effective to intervene than to allow so many people to become so unwell as a consequence. Compare that with online abuse and hate and the impact we know it is having on the wellbeing and mental health of society, particularly young people.

[Mrs Maria Miller (Basingstoke) (Con)]

I commend the hon. Lady for securing this debate. She mentioned the importance of regulation, and as she was speaking I was reflecting on the regulation that is in place to govern the BBC and broadcast media, because it was felt that, if communication was going straight into the living room of every home in this country, it needed to have a firm regulatory footing. Does she not think that a similar approach to this sector could have prevented some of the harms that she is talking about today?

[Holly Lynch]

The right hon. Lady makes an important point. I am about to come on to some of the different ways that we need to extend the regulation that is already there. She makes the point that that information was going straight into homes; information online is coming straight into somebody’s hand in front of their face, so why do we not extend the same types of regulation to it? I will come on to that in more detail, but I thank her for that point.

As I said, 99% of 12 to 15-year-olds are online, and seven in 10 young people have experienced cyber-bullying, with nearly 40% of young people saying they experienced cyber-bullying on a high-frequency basis, according to the Royal Society for Public Health’s “#StatusofMind” report. Those of us in this Chamber know better than anyone the impact that social media is having on public discourse and on the ability to have safe spaces for the exchange of different opinions, which are vital in any democracy.

One of the reasons the Yorkshire Evening Post was so motivated to launch the Call It Out campaign was realising the impact of the barrage of online abuse directed predominantly, but not exclusively, towards their its female journalists. Editor Laura Collins, who I commend for her leadership on this issue, told me this week that the sentiment of one comment on Facebook responding to an article about the local restrictions in Leeds was not uncommon: it said, “Whoever is publishing these articles needs executing by firing squad”. The newspaper reported it to Facebook on 28 September and nine days later is yet to receive a response.

Our “Clean Up The Internet” initiative, somewhat underwhelmed by the White Paper, feared that the Government did not have the will to truly transform the way the internet is used, so we considered what else would need to happen. Online social media platforms have said far too often that they just provide the platform and can only do so much to oversee the content shared on it, but that holds no water at all where paid ads are concerned. It is a glaring omission from the White Paper that it does not consider misinformation and disinformation, which can be not only shared widely for free, but promoted through online advertising.

As we have heard, advertising in print or on broadcast platforms is regulated through Ofcom and the Advertising Standards Authority, and it must be pre-approved by a number of relevant bodies. There are clear rules, powers and consequences. The internet, however, to quote the NSPCC campaign, is the “wild west”. We must therefore extend that regulation to online advertising as a matter of urgency.

The urgency is twofold. The spread of misinformation and disinformation relating to the pandemic, whether it is conspiracy theories about its origins or even its existence, fake cures or promoting the sale of personal protective equipment by bogus companies, when we are trying to combat a virus, can have fatal consequences. So-called clickbait advertising and the monetisation of items dressed up as news, with the most outrageous and sensational teasers inevitably receiving the most clicks and generating the most income, means that credible news from real journalists with integrity to both their conduct and their content, like those at the Yorkshire Post and the Yorkshire Evening Post, is being driven out of that space. The online business model does not work for those who play by the rules, because there simply are not any.

Let us move on to what else would make a difference. I hope that the Minister will be able to answer a number of questions today about the progress of legislation and regulation. We have had the initial response to the White Paper, but when can we expect to see the Bill published? If we consider that the process began when the Green Paper was published in October 2017 and that the Government have suggested it may be 2023 before new legislation comes into effect, that will be six years, which is an incredibly long time in the life of a child—almost an entire generation.

Opportunities to strengthen protections for children online have been continually missed. During lockdown, large numbers of children have been harmed by entirely avoidable online experiences. If the Government had acted sooner, those consequences may not have been as severe or widespread.

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[Mrs Maria Miller (Basingstoke) (Con)]

It is a great pleasure to serve under your chairmanship, Sir Edward, and I congratulate the hon. Member for Halifax (Holly Lynch) on securing the debate. I also thank the NSPCC, CARE, UK Safer Internet Centre, Girlguiding and Refuge for their excellent briefings. As the hon. Lady pointed out, this is an enormously complex issue. A number of petitions touching on areas of online harm have attracted around half a million signatories in total, as she said. That shows the Minister not only the strength of feeling but the importance of the Government’s providing a comprehensive response to this.

Let us be honest: when this sector wants to act, it does. It acted back in 2010 on online child abuse images, by putting in place protocols around splash pages, and it has acted on some issues around electoral fraud and fake news. However, the problem is that the industry does not consistently react, because it does not feel that it needs to. That has to change.

The Government have shown a clear intent to act in this area, through the 2017 Green Paper, the White Paper and the promise of legislation. The core concept that the Government want to put forward—as we understand it, anyway—is a duty of care: to make companies take responsibility for the safety of their users and to tackle the harm caused by their content, their activities and their services. Those are basic things that one would think were already in place, but they are not. They are to be applauded as a starting point, but again let us be clear that it is only a starting point, because setting up a regulator and regulatory frameworks do not provide a route of redress for victims. Lawyers know that a duty of care will not enable people to pursue a complaint to the regulator about an individual problem; it will just give the regulator an opportunity to fine companies or hit them over the head with a big stick.

People can bring a claim through ordinary legal proceedings, but that is limited by the existing legal framework, which we know is inadequate. The Law Commission is belatedly looking at a number of these areas, but it feels like the horse has already bolted. We might have to wait months or even years for its recommendations to come through, be reviewed and then be put forward in further legislation. It would be wholly unacceptable for the Government to bring forward a Bill with only measures to regulate, not legislation that actually has teeth.

We also need to deal with the inadequacies of the legislation, and I suggest that the Government should focus on at least three areas. When it comes to image-based abuse, the law is a mess. We have layer upon layer of legislation that does not give the police the necessary tools to protect victims. The second area is age verification, which my hon. Friend the Member for Congleton (Fiona Bruce) has already gone through. That is a promise we have not yet delivered on, and this Bill has to deliver on it. The third area is the importance of putting in place legislation that protects victims of intimidation during elections, which again the Government have promised to look at.

In conclusion, the coronavirus lockdown has served to create a perfect storm for online abuse. The Government have to act, and act quickly. Regulation alone is not enough; we need legislative reform as well.

Online Pornography: Age Verification

Maria Miller Excerpts

Thursday 17th October 2019 Commons Chamber

[Matt Warman]

I hesitate to pre-empt what will ultimately be in the draft Bill, but it is obvious that we would want any regulator to have extremely strong sanctions in extreme circumstances. However, we would also want there to be a tariff, as it were, of what they could do in less severe circumstances to make sure that users were protected from a whole host of both illegal and legal but harmful experiences online.

[Mrs Maria Miller (Basingstoke) (Con)]

Age verification is important, but please, as a result of this debate today, let us not see it as a silver bullet. The real solution is to educate all young people on the harm caused by pornography. Does my hon. Friend share my concern that those who protest against mandatory relationship education for primary school age children—measures this Government have already put in place—are failing to see the importance of teaching all children what a good relationship looks like, which is not pornography?

[Matt Warman]

My right hon. Friend is absolutely right. While pornography is one extreme example of some of the corrosive effects of the internet, we have to look far more broadly than online behaviour in order to try to fix some of the effects that have come into the real world as well.

Oral Answers to Questions

Maria Miller Excerpts

Thursday 7th March 2019 Commons Chamber

[Mims Davies]

The hon. Lady raises the specific issue of the Garden Bridge Trust, which is concerning. The commission has rightly scrutinised the trustees’ conduct and management, and the charity itself, carefully, and it continues to monitor the charity’s progress on winding up. I understand that the commission intends to publish a concluding report on the running of the trust and to learn those wider lessons, setting them out for policy makers so that we can learn from them. I am happy to hear from the hon. Lady if she has further concerns.

[Mrs Maria Miller (Basingstoke) (Con)]

The Minister will be aware that public trust in charities was shaken to the core by the revelations of the sexual abuse and harassment that occurred not only in the UK and Europe but around the world. What work is the Charity Commission doing to make sure that that issue is addressed, and that emerging concerns about the role of overseas orphanages in issues of modern-day slavery are looked into? These are important issues involving charities.

[Mims Davies]

I thank my right hon. Friend for raising this issue; she is a doughty campaigner for women around the world and it is absolutely right that we will have the debate later today ahead of International Women’s Day tomorrow. People have been horrified by what has been allowed to be done around the globe under the watch of charities, and it is absolutely right that we learn lessons. I am due to talk to Ministers from the Department for International Development about this matter, and I would be happy to speak to my right hon. Friend about particular issues if she feels that anything has not been picked up on. We must make sure that we learn further lessons. Nothing can be left alone on this issue.

--- Later in debate ---

[Jeremy Wright]

I will look carefully at the issue raised by the hon. Lady. Of course it is important that we closely keep track of where these weapons are being sold and the methods being employed. She would expect me to say that the online harms White Paper will focus on the responsibilities of the online platforms to keep people safe from harm. Harm varies, and we are concerned about a variety of different harms, but we will certainly pay close attention to the point that she has raised.

[Mrs Maria Miller (Basingstoke) (Con)]

T4. Ahead of International Women’s Day, we should remember the thousands of women who live with nude and sexually explicit images of themselves posted online without their permission. The current legislation is piecemeal and ripe for reform. Will my right hon. and learned Friend look at amalgamating the legislation to outlaw all forms of image-based abuse and make it easier for such images to be removed quickly?

[Jeremy Wright]

Yes. My right hon. Friend will be aware of the Law Commission’s work in this area, and we are looking at the issue carefully. May I take this opportunity to pay tribute to her, as she has played a significant part in the development of the law in this area? Whether on upskirting or revenge pornography, she and other Members have done a great deal to put the law in a better place.

Digital Economy

Maria Miller Excerpts

Monday 17th December 2018 Commons Chamber

[Margot James]

The hon. Gentleman makes some very good points. I am aware of some of the cases to which he refers. When I explain the detail of the regulations, it should reassure him that we are seeking to catch the commercial provision of pornography on sites where at least two thirds of the content is of an adult nature. I think that should allay his concerns. However, we should keep the issue he raises closely under review.

[Mrs Maria Miller (Basingstoke) (Con)]

I very much welcome today’s debate and the Government’s proposals, but parents who are listening to this debate may go away with the impression that everything on the internet will be subject to an age barrier. Will the Minister be clearer, for the benefit of parents who are listening, that the regulations will not include social media? What is she doing to ensure that social media platforms do not inadvertently become the way that young people under the age of 15 access pornography in the future?

[Margot James]

I welcome the intervention from the Chair of the Women and Equalities Committee. Let me clarify here and now that the regulations are a very important step forward in preventing children from viewing pornography online. In particular, we are closing the loophole whereby children can stumble across such material inadvertently. However, my right hon. Friend is right that the regulations do not extend to social media platforms that contain pornographic content that is a relatively small minority of the content that they provide. This is not a foolproof guarantee that young people and children will not be exposed to pornography online. It is a significant step forward, but there is, as my right hon. Friend points out, the potential for people to access material on social media platforms, which do not fall within the scope of the regulations unless more than a third of their average content is pornographic.

--- Later in debate ---

[Mrs Maria Miller (Basingstoke) (Con)]

I very much welcome this groundbreaking piece of legislation and thank the Minister for going through it so thoroughly today in her opening statement. I think the right hon. Member for Birmingham, Hodge Hill (Liam Byrne) is wrong when he says that this is a set of half-measures, but it is only a start—he is right in that respect. When we look at the scale of the problem we are dealing with, with almost two-thirds of young people seeing pornography online for the first time when they were not expecting it, the Government are right to start the long journey in trying to stop the unexpected exposure to what can be very damaging material.

The Women and Equalities Committee published a number of reports highlighting the damaging impact that exposure to pornography at an early age can have on young children—not only in the report, mentioned by my hon. Friend the Member for Congleton (Fiona Bruce), on sexual harassment in public places, but in the report on sexual harassment in school. The evidence is there and it is clear, but rather than going through those findings again I would like to focus particularly on the amendments made in the other place to the Digital Economy Act 2017 (Amendment) (Definition of Extreme Pornography) Bill. They have caused concern not only this evening but outside this place by setting extreme pornography as the threshold for non-compliance and for the images that appear to be allowed as a result of those changes made in the other place.

There are serious concerns about part 3 of the Digital Economy Act 2017, which has been weakened by Lords amendments. The noble Baroness Howe has been working hard in the other place to try to offer a solution. I hope the Minister can comment on that if time allows this evening. The Lords amendments mean that non-photographic child sexual abuse images, which would be illegal for anybody to possess, could be accommodated behind age-verification checks. Whereas previously the regulator could block that illegal content, the Lords amendments mean that that could happen only if the material was without age verification.

Secondly, the Lords amendments mean that a lot of violent pornography that is illegal to supply to anyone of any age under the Video Recordings Act 1984 will now be accommodated behind age verifications. That sends out all the wrong messages, so will my hon. Friend confirm that the Government will be not only keeping these issues under close review, but examining whether they could take forward the recommendations in Baroness Howe’s Bill, and that these issues can be addressed directly in the online harms White Paper, if not before?

We have the opportunity to return to these issues after 18 months, but I would not want to see what is a good start being hampered by changes in the other place that ComRes polling would suggest almost three-quarters of Members in this place simply would not agree to. Why can we not bring forward measures that would better reflect the will of this House, rather than that of unelected peers? The Front Bench spokespeople often tell me that something that is illegal offline is illegal online as well. They are really close to the edge of breaking their own rule, where things that are actually illegal offline appear to the normal man on the Clapham omnibus to have a different effect online. That is really regrettable.

The Minister was very generous in responding to my earlier comments on social media. I hope she keeps under review the need to put much pressure on social media companies to ensure that they also are within these sorts of parameters.

BBC Pay

Maria Miller Excerpts

Tuesday 9th January 2018 Commons Chamber

[Matt Hancock]

I am grateful to the hon. Gentleman; it is good to be shadowed once more by him. He is quite a shadow, and I am sure we will all enjoy his stand-up in the exchanges ahead.

There is a very strong degree of cross-party unanimity on this subject, and I welcome the hon. Gentleman’s support for the measures that we have taken to introduce more transparency. As well as introducing transparency measures for the BBC, we introduced wider transparency measures on the gender pay gap for all large organisations. I think that that answers many of his questions about other organisations, but other public organisations have strong duties, and I will take his point about that very seriously. When it comes to investigating individual cases and policing the Equality Act 2010, that is a job for the EHRC. We welcome the fact that it is taking action in this case now, and it must take action wherever it sees that as appropriate.

[Mrs Maria Miller (Basingstoke) (Con)]

This country has some of the best laws in the world to protect women who face these sorts of employment problems, but those laws need the Equality and Human Rights Commission to act, and to do so quickly. Why is it that, despite the overwhelming evidence that has been in the public domain for more than six months, the EHRC has failed to intervene on the BBC but has been placated by a BBC-funded internal review, which has clearly not tackled the problem? What is my right hon. Friend doing to ensure that the Equality and Human Rights Commission performs its statutory duties and uses it statutory enforcement powers to protect women facing these sorts of problems in not just the BBC, but many other organisations?

[Matt Hancock]

I pay tribute to the work of my right hon. Friend—my predecessor—who has brought to the EHRC’s attention the importance of acting in this case. It has a statutory duty to act when it sees unequal pay, and I am glad that, as of this morning’s announcement, it is taking that forward.