Online Safety Bill - Second Reading

Part of the debate – in the House of Lords at 5:43 pm on 1 February 2023.

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Photo of Baroness Morgan of Cotes Baroness Morgan of Cotes Conservative 5:43, 1 February 2023

My Lords, I draw attention to my interests as a trustee of the Loughborough Wellbeing Centre, director of Santander and the Financial Services Compensation Scheme, chair of the Association of British Insurers and board member at Grayling. In fact, I could draw attention to all my interests, because what we are debating today, with online search engines and online platforms, are organisations that reach into every corner of our lives now. I want to thank current Ministers for getting us to this stage. We have heard that this is long overdue regulation. I plead guilty to being one of the “cavalcade” of previous Secretaries of State mentioned by the noble Lord, Lord McNally, but I am pleased that I have played my part in keeping this Bill on the road.

When we have passed this legislation, the UK will be world leading. That needs to be recognised, but it also means that this legislation is new and not easy, as we have heard. Polling from More in Common has said that in a list of six comparative European countries, the British are most likely to say that the Government are not doing enough to regulate social media platforms. In the brief time available, I want to set out some key themes and amendments which I hope to raise in Committee.

I welcome the criminal offences relating to violence against women and girls added to the Bill, but the whole environment of these platforms, where such online violence has become normalised and misogyny allowed to flourish unchecked, needs to change. I am afraid that adding selected offences is insufficient, and I will be calling for a specific code of practice, to be drafted by Ofcom, that the platforms and search engines will need to follow to show that they are taking the proliferation of violence against women and girls seriously.

We will hear today many arguments about freedom of speech and expression, but what about the right to access and participation online without being abused and harassed? Online violence against women and girls curtails women’s freedom of expression. The advice to avoid social media—which I myself, as a Member of Parliament, received from the authorities and the police—respects no one’s freedoms. As we have heard, women and girls are 27 times more likely to experience harassment online.

We have also heard from Luke Pollard in the other place a mention of incels. While this is a complicated topic, unfortunately what is true is that data from the Center for Countering Digital Hate has found that visits to incel websites are only increasing every day, and the content on them is getting more extreme. Many small platforms hosting incels set their own terms and conditions, allowing for violent and misogynistic discussions. How the Bill tackles those issues will be of great importance and a subject of discussion in this House.

I was disappointed that the legal but harmful restrictions were dropped, but I understand why Ministers chose to do so. However, I agree that, as we have already heard, the user empowerment toggle should be set to “on” by default. Just because a user decides not to see abusive and harmful content does not mean that it is not there, either influencing others or, where it is unfortunately necessary, for the user to see so that they can provide evidence to the authorities, including the police. I include my own experience of having seen that abuse, gathering it and then sending it to the authorities. If we have the toggle set to “off”, in relation to violence against women and girls the onus will yet again be on women to protect themselves, rather than the abuser being compelled to cease their abuse. Related themes to explore in Committee will be the minimum standards needed for risk assessments, as well as minimum standards for platforms’ terms and conditions; the publication of risk assessments to create a culture of transparency on the part of service providers; and further detail on how the information gathered by Ofcom under Clause 68 is to be used.

We will hear discussion—we already have—about the welcome creation of the offence of sending communication which encourages serious self-harm. However, as we have heard, Samaritans has pointed out that all such content needs to be regulated across all platforms for all users. Turning 18 does not stop young people being vulnerable to suicide or self-harm content. I also support the calls by Vicky Ford and others to specifically include eating disorders within the self-harm clause.

It was my pleasure last year to chair this House’s special committee on the Fraud Act 2006 and digital fraud. Time is short, but there will be more to say on the issues of fraud, as well as independent researchers’ access to information. My noble friend the Minister has mentioned senior manager liability. We will wait to see what the clause introduced says, but it needs to be sufficiently tough to change the culture.

I will absolutely support the amendment proposed by the noble Baroness, Lady Kidron, and that proposed by my noble friend Lord Bethell, on age verification for online pornography.

I was recently at an event in this building with tech companies, including a major search engine, who complained that, via the Bill, the Government are experimenting on them. I put it to them then, and I say now, that these companies have experimented on us, particularly our children and vulnerable adults, for years without facing the consequences of the illegal and harmful material across their platforms and search engines. The Bill is long overdue. I look forward to the debates and amendments.