Online Harms Consultation

With permission, Mr Speaker, I will make a statement on our online harms consultation. We now conduct a huge proportion of our lives online. People in the UK spend an average of four hours and two minutes on the internet every day, and we know that for children it is even longer. That technology has improved our lives in countless ways but, as hon. Members on both sides of the House know, too many people are still exposed to the worst elements of the web: illegal content, racist and misogynistic abuse, and dangerous disinformation.

Those interactions may be virtual, but they are causing real harm. More than three quarters of UK adults express concerns about logging on, while a declining number of parents believe the benefits for their children of being online outweigh the risks. Trust in tech is falling. That is bad for the public and bad for the tech companies, so today the Government are taking decisive action to protect people online.

Through our full response to the online harms White Paper, we are proposing groundbreaking regulations that will make tech companies legally responsible for the online safety of their users. That world-leading regime will rebuild public trust and restore public confidence in the tech that has not only powered us through the pandemic, but will power us into the recovery.

I know that this legislation is keenly anticipated on both sides of the House. I want to reassure hon. Members that, when drafting our proposals, I sought to strike a very important balance between shielding people, particularly children, from harm and ensuring a proportionate regime that preserves one of the cornerstones of our democracy—freedom of expression. I am confident that our response strikes that balance.

Under our proposals, online companies will face a new and binding duty of care to their users, overseen by Ofcom. If those platforms fail in that duty of care, they will face steep fines of up to £18 million or 10% of annual global turnover. A number of people, including Ian Russell, the father of Molly Russell, have expressed concerns about that point; I want to reassure him and Members of this House that the maximum fine will be the higher of those two numbers, and platforms will no longer be able to mark their own homework.

To hold major platforms to their responsibilities, I can also announce to the House that they will be required to publish annual transparency reports to track their progress, which could include the number of reports of harmful content received and the action taken as a result. This will be a robust regime, requiring those at the top to take responsibility. I can therefore confirm that we will legislate to introduce criminal sanctions for senior managers, with Parliament taking the final decision on whether to introduce them. Of course, we hope not to use those powers, and for tech companies to engineer the harm out of their platforms from the outset, but people should have no doubt that they remain an option and we will use them if we need to.

Together, those measures make this the toughest and most comprehensive online safety regime in the world. They will have a clear and immediate effect: a 13-year-old should no longer be able to access pornographic images on Twitter; YouTube will not be allowed to recommend videos promoting terrorist ideologies; and antisemitic hate crime will need to be removed without delay. Those are just a few examples, but the House will take a keen interest in the details of the legislation, so I shall lay out a few key areas of action.

Our first focus is on illegal content, including child sexual abuse, terrorism and posts that incite violence and hatred. Sadly, many Members present today have been the target of online abuse, some of which might have been illegal, such as threats of violence. Unfortunately, that is particularly true for female Members of the House. This is not a problem suffered only by people in the public eye; close to half of adults in the United Kingdom say that they have been exposed to hateful content online in the past year.

Under the new laws, all companies in scope will need to take swift and effective action to remove criminal posts—if it is illegal offline, it is illegal online. Users will be better able to report this abhorrent content and can expect to receive more support from platforms. Crucially, the duty of care will apply even when communications are end-to-end encrypted. Encryption cannot serve as a protection blanket for criminals. Given the severity of certain threats, Ofcom will also be given powers to require companies to use technology proactively to identify and remove illegal content involving child sexual abuse or terrorism—that is a power of last resort.

Of course, not all harmful content is illegal. Every day, people are exposed to posts, images and videos that do not break any laws, but still cause a significant amount of harm. We all know that cyber-bullying can ruin a child’s life, but I want first to address one particularly horrific form of legal content. Sadly, too many Members present will be aware of cases in which children are drawn into watching videos that can encourage self-harm. Some find themselves bombarded with that content, sometimes ending ultimately in tragedy. It is unforgivable that that sort of content should be circulating unchecked on social media. Given the severity of its consequences, I believe that there is a strong case for making it illegal.

I can therefore announce that the Government have asked the Law Commission to examine how the criminal law will address the encouragement or assistance of self-harm. This is an incredibly sensitive area. We need to take careful steps to ensure that we do not inadvertently punish vulnerable people, but we need to act now to prevent future tragedies.

Many Members are particularly concerned about the effect online harm has on children. We have reserved our strongest and toughest protections for them. All companies will need to consider seriously the risks their platforms may pose to children and to take action. They will no longer be able to abdicate responsibility by claiming that children do not use their services when that is manifestly untrue—we all know examples of that—and we also expect them to prevent children from accessing services that pose the highest risk of harm, including online pornography. Cutting-edge age assurance or verification technologies will be a vital part of keeping children safe online.

At the same time, we are going further than any other country to tackle other categories of legal but harmful content accessed by adults. Major platforms will face additional obligations to enforce their own terms and conditions against things such as dangerous vaccine misinformation and cyber-bullying. Where the platforms fall short, they will face the legal consequences.

I know that some hon. Members are worried that the regulations may impose undue burdens on smaller, low-risk companies, so I can reassure them that we have included exemptions for such companies. As a result, less than 3% of UK businesses will fall within the scope of the legislation.

In this House we have always ardently championed freedom of expression. Robust and free debate is what gives our democracy its historic strength. So let me be clear: the purpose of the proposed regime is not to stop adults accessing content with which they disagree. It is not our job to protect people against being offended. I will not allow this legislation to become a weapon against free debate. Therefore, we will not prevent adults from accessing or posting legal content. Companies will not be able arbitrarily to remove controversial viewpoints, and users will be able to seek redress if they feel that content has been removed unfairly.

Nor will I allow this legislation to stifle media freedoms or become a charter to impose our world view and suppress that of others. I can confirm that news publishers’ own content on their sites is not in scope, nor are the comments of users on that content. This legislation is targeted exactly where it needs to be and tightly focused on delivering our core manifesto pledge to empower adult users to stay safe online while ensuring that children are protected.

We have engaged extensively to get to this point and this process is by no means over. We want all parliamentarians to feed into this significant piece of work and will continue to listen to their concerns as we go through pre-legislative scrutiny and beyond. However, I am confident that today’s measures mark a significant step in the continual evolution of our approach to life online, and it is fitting that this should be a step that our country takes. The world wide web was, of course, invented by a Brit, and now the UK is setting a safety standard for the rest of the world to follow. I commend this statement to the House.

I thank the Secretary of State for advance sight of his statement. Let me start by saying that the Opposition welcome any moves to protect children and the vulnerable online. There are plenty of questions about gaps in the Government’s response relating to protecting children online, but the emphasis on children in this statement is very welcome.

We have been calling on the Government to introduce this legislation for almost two years. The publication of the online harms White Paper seems almost a lifetime ago. The legislation is long overdue, and I would like the Secretary of State to tell us when in 2021 the House can expect to see the Bill, because until it is on the statute book, the real harm that he has just described, which has been able to flourish online through a lack of regulation, will continue. Ireland has already published its legislation. France has produced legislation dealing with hate speech. Germany has had legislation in place since 2018, and the European Commission is expected to publish its proposed Digital Services Act today.

The Secretary of State has said that the UK will lead the way with this legislation, but I am afraid that the response today is lacking in ambition. It feels like a missed opportunity. This is a once-in-a-generation chance to legislate for the kind of internet we want to see that keeps both children and adult citizens safe and allows people to control what kind of content they see online. Instead, the Government have been timid, or maybe the Secretary of State was persuaded by Sheryl Sandberg and Nick Clegg in his meeting with them last month to water down the original proposals. Social media platforms have failed for years to self-regulate. The Secretary of State knows that, everyone in this House knows that, and the public know that.

On legal but harmful material, why are companies being left to set their own terms and conditions and then judged on their own enforcement of those terms and conditions? It is exactly the wrong incentive. It will actively encourage less strict terms and conditions, so the platforms can more easily say that they are being properly enforced. When the Secretary of State says that companies will no longer be marking their own homework, I am afraid that he is wrong, because that is exactly what they will be doing.

I am rather sorry that the hon. Lady seems intent on seeing the negative in everything. This is a groundbreaking piece of legislation. Let me go through some of the points that she raises. She talks about our being timid in the face of tech lobbying. First of all, I can assure her that, although I have discussed end-to-end encryption in respect of national security issues, I have not discussed with Sheryl Sandberg or Nick Clegg any online harm provisions. That is simply not the case. Indeed I think that she will find from the reaction of some tech firms that they are struck by the scale of the fines that we are proposing. These would be some of the largest fines ever imposed—up to 10% of the global revenue of a company such as Facebook, which shows how enormous the maximum fine could be.

On criminal liability, I want tech firms to comply with this, and if they do not do so, they will face steep fines. If they still do not comply, Members should be in no doubt that their senior managers will face criminal sanction. We will take the power in this Bill—we will not have to come back to the House for primary legislation—and enact it through secondary legislation.

The hon. Lady asks about what we have been doing so far. We have taken many steps already to protect people online. For example, just a couple of months ago, the Information Commissioner’s age appropriate design code was put before Parliament. Today, alongside this full response to the White Paper, we are publishing, through the Home Office, an interim code of practice on online child sexual exploitation and abuse, and we will do so similarly in relation to terrorist content and activity online. We will expect tech firms to start complying with that now. It is clear what the Government’s intent is and if those firms fail to comply, we will have the powers through this legislation to ensure that that happens.

The hon. Lady asks about letting tech firms mark their own homework. We are empowering Ofcom to hold these tech firms to account. First of all, we will make sure that the terms and conditions are robust, and if they are not, those firms will face consequences. If they do not enforce those terms and conditions, they will face consequences, and the House will set out what those legal but harmful things are through secondary legislation. We will propose the sort of harms that those tech firms should guard against. Members will be able to vote on them, and those firms will have to take action appropriately. I believe that this marks a significant step forward, and Opposition Members should welcome this important step in protecting children, particularly online.

I call the Chair of the Digital, Culture, Media and Sport Committee, Julian Knight.

It has been two long years since the Digital, Culture, Media and Sport Committee’s report on fake news, and it is welcome that, at long last, the Government have moved to appoint a regulator, to impose a duty of care and to put in place a substantial fines regime. However, there are still areas of concern. Can the Secretary of State outline his thinking on these? Does he accept that the number of priority categories defined as online harm needs to be broadened from what is currently envisaged to include things such as misinformation? The Secretary of State rightly focused on children, but this is about more than children; it is about the very status of our society and about looking after adults.

The Secretary of State mentioned transparency reports. How can we ensure that these transparency reports do not become another exercise in public relations for the tech firms? Will there be independent outside academic oversight? When it comes to news publishing exemptions, will that also apply to video sharing?

Finally, does the Secretary of State recognise that a system of dynamic, ongoing enforcement through a financial services-style compliance regime in tier 1 social media companies provides a good belt and braces for retrospective enforcement action on what prelegislative scrutiny is planned?

My hon. Friend the Chairman of the Select Committee asks about the involvement of the Committee; we will of course seek to involve the Committee extensively in the prelegislative scrutiny. He has already made an important suggestion about dynamic monitoring, which we will of course consider as we firm up the legislation.

My hon. Friend talks about video sharing; the exemption for news publishers to protect freedom of speech will apply to all their output and will include that.

My hon. Friend asks about disinformation; if disinformation—for example, anti-vax content—causes harm to individuals, it will be covered by the legislation, and I very much expect to set that out as one of the priority areas that would have to be addressed in secondary legislation.

I thank the Secretary of State for the advance copy of his speech, much of which we SNP Members agree with.

At a time when anti-vax disinformation floods social media, when hate is spouted at minority groups under the cowardly veil of anonymity, often without consequence for the perpetrators, and when more children than ever before are using the internet and need to be shielded from harmful content, the proposed online harms Bill is welcome.

We welcome, too, the requirement that companies must accept a duty of care, and the fact that Ofcom will be the independent regulator—but it must be a regulator with teeth. As Dame Melanie Dawes, Ofcom’s boss, told the Digital, Culture, Media and Sport Committee a short while ago, Ofcom needs much-enhanced powers to be effective; what additional powers will she have?

To enjoy maximum support in the House, the Bill must, while balancing the right to free expression, tackle illegal content as well as content that is potentially harmful but not illegal. In particular, companies must protect all children from harm, and the Government are right to recognise that.

The covid epidemic and lockdown have seen a surge in homophobia and transphobia online. The TIE—Time for Inclusive Education—campaign stated that 72% of LGBT+ young people had reported attacks or cyber-bullying, with organisations such as the so-called LGB Alliance leading the onslaught. In that context, surely there is a case for looking again at social media anonymity. Noms de plume are fine, but we believe that users’ identities should be known to the social media publishers—they should not be completely anonymous in all circumstances. Does the Secretary of State agree with that?

Social media disinformation has been especially pernicious during the covid pandemic. Experts tell us that the disinformation during this crisis is unparalleled in the internet era, and the consequences of online harm can be catastrophic, undermining public trust, faith in health officials and acceptance of the value of the vaccine now being rolled out.

I am grateful for the hon. Gentleman’s welcome for the legislation. He raised some important points. We have not taken powers to remove anonymity, because it is very important for some people—for example, victims fleeing domestic violence and children who have questions about their sexuality that they do not want their families to know they are exploring. There are many reasons to protect that anonymity.

The hon. Gentleman talked about Ofcom; over the years, we have seen Ofcom rise to the challenge of increased responsibilities, and I am confident that it will continue to do so. We will of course look to Ofcom to bring in independent expertise to help it in that process. It will clearly require a step change from Ofcom, but Dame Melanie Dawes and others are very much alert to that.

The hon. Gentleman talked about misinformation and disinformation. There are three things that we have to do to address those. First, we have to rely on trusted sources. We are so fortunate in this country to have well-established newspapers and broadcasters that are committed to public service information. We have seen that through the covid crisis, which is why we have supported them through this period. Secondly, we have to rebut false information. Through the Cabinet Office, we are working 24/7 to do that. Finally, we have to work with the tech companies themselves. For example, the Health Secretary and I have recently secured commitments to remove misinformation and disinformation within 48 hours and, crucially, not to profit from it.

As for hon. Gentleman’s central concern, I think these measures really do mark a step change in our approach to tech firms. The old certainties are changing, and we are taking decisive action.

I welcome the progress that the Government are making in this area, and my right hon. Friend’s personal commitment and determination to deliver it, but, as he said, there is further progress to be made. That progress will only really be made when we see legislation, which I urge him again to introduce as soon as possible. In the meantime, I understand the Government’s focus on the larger platforms where the greatest harms are likely to be concentrated, but may I urge him, in the design and architecture of the regulatory system that he is putting in place, to ensure that it can deal with smaller platforms that grow fast or host particularly damaging material, and, of course, that it can deal with the ever-changing nature of the harms themselves?

I pay tribute to my right hon. and learned Friend and other former Culture Secretaries who are present, all of whom have played a decisive role in helping to shape this important legislation. My right hon. and learned Friend rightly raises the point about smaller platforms. What we have sought to do with these proposals is to exclude very small enterprises—for example, a cheese retailer that allows its customers to leave comments on its site. Strictly speaking, that is user-generated material, but I think we would all agree that we would not want that to be within scope. However, at the same time, some smaller sites can be used as a back route—for example, for paedophiles to exchange information. We will design the legislation proportionately so that we can upscale the regulation in cases of that sort.

I welcome the legislation as far as it goes, and agree with the Secretary of State that it is landmark legislation, rather like the Gambling Act 2005, which was passed by the Labour Government. I remind him that it was largely the things that were not covered by that legislation that came back to be the most challenging issues to confront us all. Given that, let me ask the Secretary of State about the scope of the legislation: will it cover online harms such as the advertising of gambling targeted at young people, gambling through social media or even loot boxes in online gaming, whereby young people are asked to pay for boxes of which they do not know the content?

As the hon. Gentleman may know, we have already issued a call for evidence in respect of loot boxes, and will take appropriate action in response. Many of the issues that he has raised are covered by our call for evidence on gambling. The scope of this legislation will cover any platform that allows self-generated content to be on it; to the extent that gambling websites have user-generated content on them, they will fall within the scope of this legislation, potentially.

I welcome my right hon. Friend’s statement. He has said that at the heart of these measures is the protection of our children—something with which the whole House will agree. He may know that I am leading an investigation with the Centre for Social Justice on the epidemic of child sexual abuse and exploitation that is taking place in our country. I therefore particularly welcome what he said today about the publication of the interim code of conduct on online child sexual abuse. But for it to have any effect, it must have teeth; it must be legally binding. Will he assure the House that when the online safety Bill becomes an Act, this code will be a statutory obligation?

I pay tribute to the work that my right hon Friend is doing, both on this and through the important work of the Centre for Social Justice. Yes, I can certainly give him that assurance. As I said, I would expect tech firms to abide by these codes of practice now—they have been published in interim form—because it is in the interests of tech firms to clean up their act, and this gives them a way of doing so. That has been the point across our approach. Of course, if they fail to do so, we will take the power in legislation to make it binding regardless, but I hope that the firms will abide by the codes of practice and I do not have to use those powers.

Clearly, regulations alone will not be strong enough to tackle the challenges of the internet. I am sure every single one of us in this place regards the safety of our children as paramount, so may I suggest to the Secretary of State that the education of our children might empower them to take down or zap harmful stuff online? What consideration is he giving to improving the education of children to give them that ability? Will he also have discussions with his colleague the Secretary of State for Education to that end, and might he further extend those discussions to the equivalent Ministers in the devolved Administrations?

The hon. Gentleman makes an important point, and of course I will be happy to extend that discussion. I am already doing so with my right hon. Friend the Education Secretary, but I would be happy to do so with representatives of the devolved Governments. The hon. Gentleman is absolutely right to highlight the importance of education, and that applies not just to children but to parents. The more that parents, particularly those who have not grown up with the internet, understand the risks involved for their children, the better equipped they are to take action. Probably the single most important thing that parents can do is better understand the risks. That is why, in respect of children, we will be publishing the online media literacy strategy in the spring to address exactly that.

I thank the Secretary of State for his important and long-awaited statement on this piece of legislation. I have a few questions, though. He mentioned that social media companies would be required to produce transparency reports on their effectiveness in dealing with harmful content. Will Ofcom be able to audit those reports and request data and information from the companies? Otherwise, those reports will not be very transparent at all. He also said that there would be a carve-out exemption for news providers. I agree with that, but how is he defining a news provider? Some of the most egregious spreaders of disinformation pretend to be news providers but are actually fake news websites. It is important that we know that. He also said that if companies’ terms and conditions did not come up to standard and they did not meet their duty of care obligations, they would “face the legal consequences”. Can he say what those consequences will be?