My Lords, before we continue this debate, I want to understand why we have changed the system so that we break part way through a group of amendments. I am sorry, but I think this is very poor. It is definitely a retrograde step. Why are we doing it? I have never experienced this before. I have sat here and waited for the amendment I have just spoken to. We have now had a break; it has broken the momentum of that group. It was even worse last week, because we broke for several days half way through the debate on an amendment. This is unheard of in my memory of 25 years in this House. Can my noble friend the Minister explain who made this decision, and how this has changed?
I have not had as long in your Lordships’ House, but this is not unprecedented, in my experience. These decisions are taken by the usual channels; I will certainly feed that back through my noble friend. One of the difficulties, of course, is that because there are no speaking limits on legislation and we do not know how many people want to speak on each amendment, the length of each group can be variable, so I think this is for the easier arrangement of dinner-break business. Also, for the dietary planning of those of us who speak on every group, it is useful to have some certainty, but I do appreciate my noble friend’s point.
Okay; I thank my noble friend for his response. However, I would just say that we never would have broken like that, before 7.30 pm. I will leave it at that, but I will have a word with the usual channels.
My Lords, I rise to speak to Amendments 141 and 303 in the name of the noble Lord, Lord Stevenson. Before I do, I mention in passing how delighted I was to see Amendment 40, which carries the names of the Minister and the noble Lord, Lord Stevenson—may there be many more like that.
I am concerned that without Amendments 141 and 303, the concept of “verified” is not really something that the law can take seriously. I want to ask the Minister two rather technical questions. First, how confident can the Government and Ofcom be that with the current wording, Ofcom could form an assessment of whether Twitter’s current “verified by blue” system satisfies the duty in terms of robustness? If it does not, does Ofcom have the power to send it back to the drawing board? I am sure noble Lords understand why I raise this: we have recently seen “verified by blue” ticks successfully bought by accounts impersonating Martin Lewis, US Senators and Putin propagandists. My concern is that in the absence of a definition of verification in the Bill such as the one proposed in Amendments 141 and 303, where in the current wording does Ofcom have the authority to say that “verified by blue” does not satisfy the user verification duty?
7:45 pm
My second question is similar. We see now around the world—it is not available in the UK—that Meta has a verified subscription, for which you can pay around $15 per month. It is being piloted in the US as we speak. Again, I ask whether that satisfies the duty in terms of it being affordable to the average UK user. I am concerned that most UK social media users will not be able to afford £180 per social media account for verification. If that ends up being Meta’s UK offering, many users would not be given a proper, meaningful chance to be verified. What powers are there in the Bill for Ofcom to send Meta back and offer something else? So my questions really are about what “verified” means in terms of the Bill.
My Lords, I rise to speak to Amendment 141 in the names of the noble Lords, Lord Stevenson and Lord Clement-Jones. Once again, I register the support of my noble friend Lady Campbell of Surbiton, who feels very strongly about this issue.
Of course, there is value in transparency online, but anonymity can be vital for certain groups of people, such as those suffering domestic abuse, those seeking help or advice on matters they wish to remain confidential, or those who face significant levels of hatred or prejudice because of who they are, how they live or what they believe in. Striking the right balance is essential, but it is equally important that everyone who wishes to verify their identity and access the additional protections that this affords can do so easily and effectively, and that this opportunity is open to all.
Clause 57 requires providers of category 1 services to offer users the option to verify their identity, but it is up to providers to decide what form of verification to offer. Under subsection (2) it can be “of any kind”, and it need not require any documentation. Under subsection (3), the terms of service must include a “clear and accessible” explanation of how the process works and what form of verification is available. However, this phrase in itself is open to interpretation: clear and accessible for one group may be unclear and inaccessible to another. Charities including Mencap are concerned that groups, such as people with a learning disability, could be locked out of using these tools.
It is also relevant that people with a learning disability are less likely to own forms of photographic ID such as passports or driving licences. Should a platform require this type of ID, large numbers of people with a learning disability would be denied access. In addition, providing an email or phone number and verifying this through an authentication process could be extremely challenging for those people who do not have the support in place to help them navigate this process. This further disadvantages groups of people who already suffer some of the most extensive restrictions in living their everyday lives.
My Lords, the speech of the noble Baroness, Lady Buscombe, raised so many of the challenges that people face online, and I am sure that the masses who are watching parliamentlive as we speak, even if they are not in here, will recognise what she was talking about. Certainly, some of the animal rights activists can be a scourge, but I would not want to confine this to them, because I think trashing reputations online and false allegations have become the activists’ chosen weapon these days. One way that I describe cancel culture, as distinct from no-platforming, is that it takes the form of some terrible things being said about people online, a lot of trolling, things going viral and using the online world to lobby employers to get people sacked, and so on. It is a familiar story, and it can be incredibly unpleasant. The noble Baroness and those she described have my sympathy, but I disagree with her remedy.
An interesting thing is that a lot of those activities are not carried out by those who are anonymous. It is striking that a huge number of people with large accounts, well-known public figures with hundreds of thousands of followers—sometimes with more than a million—are prepared to do exactly what I described in plain sight, often to me. I have thought long and hard about this, because I really wanted to use this opportunity to read out a list and name and shame them, but I have decided that, when they go low, I will try to go at least a little higher. But subtweeting and twitchhunts are an issue, and one reason why we think we need an online harms Bill. As I said, I know that sometimes it can feel that if people are anonymous, they will say things that they would not say to your face or if you knew who they were, but I think it is more the distance of being online: even when you know who they are, they will say it to you or about you online, and then when you see them at the drinks reception, they scuttle away.
My Lords, what an unusually reticent group we have here for this group of amendments. I had never thought of the noble Baroness, Lady Fox, as being like Don Quixote, but she certainly seems to be tilting at windmills tonight.
I go back to the Joint Committee report, because what we said there is relevant. We said:
“Anonymous abuse online is a serious area of concern that the Bill needs to do more to address. The core safety objectives apply to anonymous accounts as much as identifiable ones. At the same time, anonymity and pseudonymity are crucial to online safety for marginalised groups, for whistleblowers, and for victims of domestic abuse and other forms of offline violence. Anonymity and pseudonymity themselves are not the problem and ending them would not be a proportionate response”.
We were very clear; the Government’s response on this was pretty clear too.
We said:
“The problems are a lack of traceability by law enforcement, the frictionless creation and disposal of accounts at scale, a lack of user control over the types of accounts they engage with and a failure of online platforms to deal comprehensively with abuse on their platforms”.
We said there should be:
“A requirement for the largest and highest risk platforms to offer the choice of verified or unverified status and user options on how they interact with accounts in either category”.
Crucially for these amendments, we said:
“We recommend that the Code of Practice also sets out clear minimum standards to ensure identification processes used for verification protect people’s privacy—including from repressive regimes or those that outlaw homosexuality”.
I am sorry to interrupt the noble Lord, but I would like to ask him whether, when the Joint Committee was having its deliberations, it ever considered, in addition to people’s feelings and hurt, their livelihoods.
Of course. I think we looked at it in the round and thought that stripping away anonymity could in many circumstances be detrimental to those, for instance, working in hostile regimes or regimes where human rights were under risk. We considered a whole range of things, and the whole question about whether you should allow anonymity is subject to those kinds of human rights considerations.
I take the noble Baroness’s point about business, but you have to weigh up these issues, and we came around the other side.
Does the noble Lord not think that many people watching and listening to this will be thinking, “So people in far-off regimes are far more important than I am—I who live, work and strive in this country”? That is an issue that I think was lacking through the whole process and the several years that this Bill has been discussed. Beyond being hurt, people are losing their livelihoods.
I entirely understand what the noble Baroness is saying, and I know that she feels particularly strongly about these issues given her experiences. The whole Bill is about trying to weigh up different aspects—we are on day 5 now, and this has been very much the tenor of what we are trying to talk about in terms of balance.
I want to reassure the noble Baroness that we did discuss anonymity in relation to the issues that she has put forward. A company should not be able to use anonymity as an excuse not to deal with the situation, and that is slightly different from simply saying, “We throw our hands up on those issues”.
There was a difference between the fact that companies are using anonymity to say, “We don’t know who it is, and therefore we can’t deal with it”, and the idea that they should take action against people who are abusing the system and the terms of service. It is subtle, but it is very meaningful in relation to what the noble Baroness is suggesting.
That is a very fair description. We have tried to emphasise throughout the discussion on the Bill that it is about not just content but how the system and algorithms work in terms of amplification. In page 35 of our report, we try to address some of those issues—it is not central to the point about anonymity, but we certainly talked about the way that messages are driven by the algorithm. Obviously, how that operates in practice and how the Bill as drafted operates is what we are kicking the tyres on at the moment, and the noble Baroness is absolutely right to do that.
The Government’s response was reasonably satisfactory, but this is exactly why this group explores the definition of verification and so on, and tries to set standards for verification, because we believe that there is a gap in all this. I understand that this is not central to the noble Baroness’s case, but—believe me—the discussion of anonymity was one of the most difficult issues that we discussed in the Joint Committee, and you have to fall somewhere in that discussion.
Requiring platforms to allow users to see other users’ verification status is a crucial further pillar to user empowerment, and it provides users with a key piece of information about other users. Being able to see whether an account is verified would empower victims of online abuse or threats—I think this partly answers the noble Baroness’s question—to make more informed judgments about the source of the problem, and therefore take more effective steps to protect themselves. Making verification status visible to all users puts more choice in their hands as to how they manage the higher risks associated with non-verified and anonymous accounts, and offers them a lighter-touch alternative to filtering out all non-verified users entirely.
We on these Benches support the amendments that have been put forward. Amendment 141 aims to ensure that a user verification duty delivers in the way that the public and Government hope it will—by giving Ofcom a clear remit to require that the verification systems that platforms are required to develop in response to the duty are sufficiently rigorous and accessible to all users.
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Clause 58 places a duty on Ofcom to provide guidance to help providers comply with their duty, but this guidance is optional. Amendment 141 aims to strengthen Clause 58 by requiring Ofcom to set baseline principles and standards for the guidance. It would ensure, for example, that the guidance considers accessibility for disabled as well as vulnerable adults and aligns with relevant guidance on related matters such as age verification; it would ensure that verification processes are effective; and it would ensure that the interests of disabled users are covered in Ofcom’s pre-guidance consultation.
Online can be a lifeline for disabled and vulnerable adults, providing access to support, advice and communities of interest, and this is particularly important as services in the real world are diminishing, so we need to ensure that user-verification processes do not act as a further barrier to inclusion for people with protected characteristics, especially those with learning disabilities.
My main objection, however, to the amendment of the noble Baroness, Lady Buscombe, and the whole question of anonymity in general is that it treats anonymity as though it is inherently unsafe. There is a worry, more broadly on verification, about creating two tiers of users: those who are willing to be verified and those who are not, and those who are not somehow having a cloud of suspicion over them. There is a danger that undermining online anonymity in the UK could set a terrible precedent, likely to be emulated by authoritarian Governments in other jurisdictions, and that is something we must bear in mind.
On evidence, I was interested in Big Brother Watch’s report on some analysis by the New Statesman, which showed that there is little evidence to suggest that anonymity itself makes online discourse more febrile. It did an assessment involving tweets sent to parliamentarians since January 2021, and said there was
“little discernible difference in the nature or tone of the tweets that MPs received from anonymous or non-anonymous accounts. While 32 per cent of tweets from anonymous accounts were classed as angry according to the metric used by the New Statesman, so too were 30 per cent of tweets from accounts with full names attached.18 Similarly, 5.6 per cent of tweets from anonymous accounts included swear words, only slightly higher than the figure of 5.3 per cent for named accounts.”
It went through various metrics, but it said, “slightly higher, not much of a difference”. That is to be borne in mind: the evidence is not there.
In this whole debate, I have wanted to emphasise freedom as at least equal to, if not of greater value than, the safetyism of this Bill, but in this instance, I will say that, as the noble Baroness, Lady Bull, said, for some people anonymity is an important safety mechanism. It is a tool in the armoury of those who want to fight the powerful. It can be anyone: for young people experimenting with their sexuality and not out, it gives them the freedom to explore that. It can be, as was mentioned, survivors of sexual violence or domestic abuse. It is certainly crucial to the work of journalists, civil liberties activists and whistleblowers in the UK and around the world. Many of the Iranian women’s accounts are anonymous: they are not using their correct names. The same is true of Hong Kong activists; I could go on.
Anyway, in our concerns about the Bill, compulsory identity verification means being forced to share personal data, so there is a privacy issue for everyone, not just the heroic civil liberties people. In a way, it is your own business why you are anonymous—that is the point I am trying to make.
There are so many toxic issues at the moment that a lot of people cannot just come out. I know I often mention the gender-critical issue, but it is true that in many professions, you cannot give your real name or you will not just be socially ostracised but potentially jeopardise your career. I wrote an article during the 2016-17 days called Meet the Secret Brexiteers. It was true that many teachers and professors I knew who voted to leave had to be anonymous online or they would not have survived the cull.
Finally, I do not think that online anonymity or pseudonymity is a barrier to tracking down and prosecuting those who commit the kind of criminal activity on the internet described, creating some of the issues we are facing. Police reports show that between 2017-18, 96% of attempts by public authorities to identify anonymous users of social media accounts, their email addresses and telephone numbers, resulted in successful identification of the suspect in the investigation; in other words, the police already have a range of intrusive powers to track down individuals, should there be a criminal problem, and the Investigatory Powers Act 2016 allows the police to acquire communications data—for example, email addresses or the location of a device—from which alleged illegal anonymous activity is conducted and use it as evidence in court.
If it is not illegal but just unpleasant, I am afraid that is the world we live in. I would argue that what we require in febrile times such as these is not bans or setting the police on people but to set the example of civil discourse, have more speech and show that free speech is a way of conducting disagreement and argument without trashing reputations.
We were very clear about the difference between stripping away anonymity and ensuring that verification was available where the user wanted to engage only with those who had verified themselves. Requiring platforms to allow users—
I was taken by what the noble Baroness, Lady Bull, said, particularly the case for Ofcom’s duties as regards those with disabilities. We need Ofcom to be tasked with setting out the principles and minimum standards, because otherwise platforms will try to claim, as verification, systems that do not genuinely verify a user’s identity, are unaffordable to ordinary users or use their data inappropriately.
Likewise, we support Amendment 303, which would introduce a definition of “user identity verification” into the Bill to ensure that we are all on the same page. In Committee in the House of Commons, Ministers suggested that “user identity verification” is an everyday term so does not need a definition. This amendment, which no doubt the noble Baroness, Lady Merron, will speak to in more detail, is bang on point as far as that is concerned. That was not a convincing answer, and that is why this amendment is particularly apt.
I heard what the noble Baroness, Lady Buscombe, had to say, but in many ways the amendment in the previous group in the name of the noble Lord, Lord Knight, met some of the noble Baroness’s concerns. As regards the amendment in the name of the noble Lord, Lord Moylan, we are all Wikipedia fans, so we all want to make sure that there is no barrier to Wikipedia operating successfully. I wonder whether perhaps the noble Lord is making quite a lot out of the Wikipedia experience, but I am sure the Minister will enlighten us all and will have a spot-on response for him.