Online Safety Bill

Debate between William Cash and Miriam Cates

Consideration of Lords amendments
Tuesday 12th September 2023 Commons Chamber

[Miriam Cates (Penistone and Stocksbridge) (Con)]

I will follow on from the remarks made by my right hon. Friend the Member for Chelmsford (Vicky Ford), who talked powerfully about the impact of online pornography, particularly on children who see it.

Sadly, online pornography is increasingly violent. Many videos depict graphic and degrading abuse of women, sickening acts of rape and incest, and many underage participants. I also want to refer to the excellent study by the Children’s Commissioner, which revealed that the average age at which children first encounter pornography online is just 13 years old, and that there are 1.4 million visits to pornography sites by British children each and every month. As my right hon. Friend said, that is rewiring children’s brains in respect of what they think about sex, what they expect during sex and what they think girls want during sex. I think we will all look back on this widespread child exposure to pornography in a similar way to how we look back on children working down mines or being condemned to the poor house. Future generations will wonder how on earth we abandoned our children to online pornography.

Ending the ready availability of pornographic content to children and criminalising those who fail to protect them should surely be the most important goal of the Online Safety Bill. Indeed, that was most of the aim of part 3 of the Digital Economy Act 2017, which was never enacted. Without the Government amendments tabled in the Lords last week, which I strongly support, the Online Safety Bill would have been in danger of missing this opportunity. As my colleagues have done, I want to thank the Secretary of State and Ministers for their engagement in what has been a cross-party campaign both in this place and the other place, with Baroness Kidron and Lord Bethell leading the way, along with charities and the campaigning journalist Charles Hymas at The Daily Telegraph, who did a fantastic job of reporting it all so powerfully. I also thank my hon. Friend the Member for Stone (Sir William Cash), who has taught me all I ever needed to know about how to negotiate with Government.

We now have these brilliantly strengthening amendments, including, significantly, an amendment that will criminalise directors and managers if they do not comply with Ofcom’s enforcement notices in relation to specific child safety duties. That is really important, because we are talking about the wealthiest companies in the world. Just having fines will not be enough to generate the kind of culture change at board level that we need. Only potential jail terms, which have worked in the construction industry and the financial services industry, will do what it takes.

Lords amendments 141 and 142 make pornography a primary priority harm for children. Importantly, user-to-user providers, as well as dedicated adult sites, will now be explicitly required to use highly effective age verification tools to prevent children accessing them. The wording “highly effective” is crucial, because porn is porn wherever it is found, whether on Twitter, which as my right hon. Friend the Member for Chelmsford said is the most likely place for children to find pornography, or on dedicated adult sites. It has the same effect and causes the same harm. It is therefore vital that tech companies will actually have to prevent children from going on their sites, and not just try hard. That is an incredibly important amendment.

[Sir William Cash]

Does my hon. Friend agree that what has really put their teeth on edge most of all is the idea that they might go to prison?

[Miriam Cates]

My hon. Friend is completely right. The impact of not taking responsibility for protecting children has to go to the very top.

Lords amendment 105 would compel Ofcom to submit its draft codes of practice within 18 months. That is an improvement on the previously lax timescale, which I welcome—along with the other significant improvements that have been made—and I repeat my gratitude to the Minister and the Secretary of State. Let us not pretend, however, that on Royal Assent our children will suddenly be safe from online pornography or any other online harms. There are serious questions to be asked about Ofcom’s capabilities to enforce against non-compliant porn sites, and I think we should look again at part 3 of the Digital Economy Act 2017, which would have allowed the British Board of Film Classification to act as the regulator.

Online Safety Bill

Debate between William Cash and Miriam Cates

Report stage
Tuesday 17th January 2023 Commons Chamber

[Miriam Cates (Penistone and Stocksbridge) (Con)]

I too rise to speak to new clause 2, which seeks to introduce senior manager criminal liability to the Bill. As my hon. Friend the Member for Stone (Sir William Cash) set out, we will not push it to a vote as a result of the very welcome commitments that the Minister has made to introduce a similar amendment in the other place.

Protecting children is not just the role of parents but the responsibility of the whole of society, including our institutions and businesses that wish to trade here. That is the primary aim of this Bill, which I wholeheartedly support: to keep children safe online from horrendous and unspeakable harms, many of which were mentioned by my right hon. Friend the Member for South Northamptonshire (Dame Andrea Leadsom).

We look back in horror at children being forced to work down mines or neglected in Victorian orphanages, but I believe we will look back with similar outrage at online harms. What greater violation could there be of childhood than to entice a child to collaborate in their own sexual abuse in the privacy and supposed safety of their own bedroom? Yet this is one of the many crimes that are occurring on an industrial scale every day. Past horrors such as children down mines were tackled by robust legislation, and the Online Safety Bill must continue our Parliament’s proud tradition of taking on vested interests to defend the welfare of children.

The Bill must succeed in its mission, but in its present form, it does not have sufficient teeth to drive the determination that is needed in tech boardrooms to tackle the systemic issue of the malevolent algorithms that drive this sickening content to our children. There is no doubt that the potential fines in the Bill are significant, but many of these companies have deep pockets, and the only criminal sanctions are for failure to share data with Ofcom. The inquest following the tragic death of Molly Russell was an example of this, as no one could be held personally responsible for what happened to her. I pay tribute to Ian Russell, Molly’s father, whose courage in the face of such personal tragedy has made an enormous difference in bringing to light the extent of online harms.

Only personal criminal liability will drive proactive change, and we have seen this in other areas such as the financial services industry and the construction industry. I am delighted that the Government have recognised the necessity of senior manager liability for tech bosses, after much campaigning across the House, and committed to introducing it in the other place. I thank the Secretary of State and her team for the very constructive and positive way in which they have engaged with supporters of this measure.

[Sir William Cash]

Would my hon. Friend not also like to say that the NSPCC has been magnificent in supporting us?

[Miriam Cates]

I was coming on to that—absolutely.

The advantage of introducing this measure in the other place is that we can widen the scope to all appropriate child safety duties beyond clause 11 and perhaps tackle pornography and child sexual abuse material as well. We will have a groundbreaking Bill that will hold to account powerful executives who knowingly allow our children to be harmed.

There are those who say—not least the tech companies —that we should not be seeking to criminalise tech directors. There are those who worry that this will reduce tech investment, but that has not happened in Ireland. There are those who say that the senior manager liability amendment will put a great burden on tech companies to comply, to which I say, “Great!” There are those who are worried that this will set an international precedent, to which I say, “Even better!”

Nothing should cause greater outrage in our society than the harming of innocent children. In a just society founded on the rule of law, those who harm children or allow children to be harmed should expect to be punished by the law. That is what new clause 2 seeks to do, and I look forward to working with the Secretary of State and others to bring forward a suitable amendment in the other place.

I offer my sincere thanks to the NSPCC, especially Rich Collard, and the outstanding Charles Hymas of The Telegraph, who have so effectively supported this campaign. I also pay tribute to my hon. Friend the Member for Stone (Sir William Cash); without his determination, knowledge and experience, it would not have been possible to achieve this change. He has been known as Mr Brexit, but as he said, even before he was Mr Brexit, he was Mr Child Protection, having been involved with the Protection of Children Act 1978. It is certainly advantageous in negotiations to work with someone who knows vastly more about legislation than pretty much anyone else involved. He sat through the debate in December on the amendment tabled by the right hon. Member for Barking (Dame Margaret Hodge), and while the vote was taking place, he said, “I think we can do this.” He spent the next week in the Public Bill Office and most of his recess buried in legislation. I pay tribute to him for his outstanding work. Once again, I thank the Secretary of State for her commitment to this, and I think this will continue our Parliament’s proud history of protecting children.

Online Safety Bill

Debate between William Cash and Miriam Cates

Report stage
Monday 5th December 2022 Commons Chamber

[Miriam Cates]

I really wish it was fantasy land, but I am in contact with parents each and every day who tell me stories of their children being drawn into this. Yes, in this country it is thankfully very difficult to get a double mastectomy when you are under 18, but it is incredibly easy to buy testosterone illegally online and to inject it, egged on by adults in other countries. Once a girl has injected testosterone during puberty, she will have a deep voice and facial hair for life and male-pattern baldness, and she will be infertile. That is a permanent change, it is self-harm and it should be criminalised under this Bill, whether through this clause or through the Government’s new plans. The hon. Member for Kirkcaldy and Cowdenbeath (Neale Hanvey) is absolutely right: this is happening every day and it should be classed as self-harm.

Going back to my comments about the effect on children of viewing pornography, I absolutely support the idea of putting children’s experience at the heart of the Bill but it needs to be about children’s welfare and not about what children want. One impact of the internet has been to blur the boundary between adults and children. As adults, we need to be able to say, “This is the evidence of what is harmful to children, and this is what children should not be seeing.” Of course children will say that they want free access to all content, just like they want unlimited sweets and unlimited chocolate, but as adults we need to be able to say what is harmful for children and to protect them from seeing it.

This bring me to Government new clause 11, which deals with making sure that child sexual abuse material is taken offline. There is a clear link between the epidemic of pornography and the epidemic of child sexual abuse material. The way the algorithms on porn sites work is to draw users deeper and deeper into more and more extreme content—other Members have mentioned this in relation to other areas of the internet—so someone might go on to what they think is a mainstream pornography site and be drawn into more and more explicit, extreme and violent criminal pornography. At the end of this, normal people are drawn into watching children being abused, often in real time and often in other countries. There is a clear link between the epidemic of porn and the child sexual abuse material that is so prevalent online.

Last week in the Home Affairs Committee we heard from Professor Alexis Jay, who led the independent inquiry into child sexual abuse. Her report is harrowing, and it has been written over seven years. Sadly, its conclusion is that seven years later, there are now even more opportunities for people to abuse children because of the internet, so making sure that providers have a duty to remove any child sexual abuse material that they find is crucial. Many Members have referred to the Internet Watch Foundation. One incredibly terrifying statistic is that in 2021, the IWF removed 252,194 web pages containing child sexual abuse material and an unknown number of images. New clause 11 is really important, because it would put the onus on the tech platforms to remove those images when they are found.

It is right to put the onus on the tech companies. All the way through the writing of this Bill, at all the consultation meetings we have been to, we have heard the tech companies say, “It’s too hard; it’s not possible because of privacy, data, security and cost.” I am sure that is what the mine owners said in the 19th century when they were told by the Government to stop sending children down the mines. It is not good enough. These are the richest, most powerful companies in the world. They are more powerful than an awful lot of countries, yet they have no democratic accountability. If they can employ real-time facial recognition at airports, they can find a way to remove child abuse images from the internet.

This leads me on to new clause 17, tabled by the right hon. Member for Barking (Dame Margaret Hodge), which would introduce individual director liability for non-compliance. I completely support that sentiment and I agree that this is likely to be the only way we will inject some urgency into the process of compliance. Why should directors who are profiting from the platforms not be responsible if children suffer harm as a result of using their products? That is certainly the case in many other industries. The right hon. Lady used the example of the building trade. Of course there will always be accidents, but if individual directors face the prospect of personal liability, they will act to address the systemic issues, the problems with the processes and the malevolent algorithms that deliberately draw users towards harm.

[Sir William Cash]

My hon. Friend knows that I too take a great interest in this, and I am glad that the Government have agreed to continue discussions on this question. Is she aware that the personal criminal liability for directors flows from the corporate criminal liability in the company of which they are a director, and that their link to the criminal act itself, even if the company has not been or is not being prosecuted, means that the matter has to be made clear in the legislation, so that we do not have any uncertainty about the relationship of the company director and the company of which he is a director?

[Miriam Cates]

I was not aware of that, but I am now. I thank my hon. Friend for that information. This is a crucial point. We need the accountability of the named director associated with the company, the platform and the product in order to introduce the necessary accountability. I do not know whether the Minister will accept this new clause today, but I very much hope that we will look further at how we can make this possible, perhaps in another place.

I very much support the Bill. We need to get it on the statute book, although it will probably need further work, and I support the Government amendments. However, given the link between children viewing pornography and child sexual abuse, I hope that when the Bill goes through the other place, their lordships will consider how regulations around pornographic content can be strengthened, in order to drastically reduce the number of children viewing porn and eventually being drawn into criminal activities themselves. In particular, I would like their lordships to look at tightening and accelerating the age verification and giving equal treatment to all pornography, whether it is on a porn site or a user-to-user service and whether it is online or offline. Porn is harmful to children in whatever form it comes, so the liability on directors and the criminality must be exactly the same. I support the Bill and the amendments in the Government’s name, but it needs to go further when it goes to the other place.