PARLIAMENTARY DEBATE
Online Harms White Paper - 8 April 2019 (Commons/Commons Chamber)
Debate Detail
Our challenge as a society is to help shape an internet that is open and vibrant, but that also protects its users from harm. There is clear evidence that we are not succeeding. Over 8,000 sexual offences against children with an online element were reported to the police in 2017, and that figure is continuing to rise. Up to 20% of young people in the UK have experienced bullying online. The White Paper sets out many more examples of harms suffered. People are closing their social media accounts following unacceptable online abuse. For the vulnerable, online experiences can mean cyber-bullying and the risk of grooming and exploitation. We cannot allow such behaviour to undermine the very real benefits that the digital revolution can bring. If we surrender our online spaces to those who spread hate, abuse and fear, we will all lose.
This is a serious situation and it requires a serious response. The Government have taken time to consider what we might do and how we might do it. I am grateful to Members across the House, and indeed in the other place, for their consideration of these issues, in particular the Select Committee on Digital, Culture, Media and Sport. I am also grateful for the discussions I have had, including with the hon. Member for West Bromwich East (Tom Watson) and his Opposition Front-Bench colleagues. We intend to continue those conversations and to consult on what we propose, because it is vital that we get this right.
No one has done this before. There is no comprehensive international model to follow, and there are important balances to strike, in sustaining innovation in the digital economy and promoting freedom of speech, as well as reducing harm. None of that is straightforward, and the Government should not claim a monopoly on wisdom. That is why the consultation that will follow will be a genuine opportunity for Members of the House and others to contribute to these proposals.
It is also right to recognise that some work is already being done to make the internet a safer place, including by online companies themselves, but it has not been enough and it has been too reactive. It can no longer be right to leave online companies to decide for themselves what action should be taken, as some of them are beginning to recognise. That is why my right hon. Friend the Home Secretary and I have concluded that the Government must act and that the era of self-regulation of the internet must end.
The Government will create a new statutory duty of care, establishing it in law that online companies have a responsibility for the safety of their users. It will require companies to do what is reasonable to prevent harmful material from reaching those users. Compliance will be overseen and enforced by an independent regulator. The White Paper sets out the expectations for the steps that companies should take to fulfil the duty of care towards their users, and we expect the regulator to reflect those expectations in new codes of practice. In the case of the most serious harms, such as child sexual exploitation and abuse and the promotion of terrorism, the Home Secretary will need to approve codes of practice and will also have power to issue directions to the regulator about their content. The Home Office will publish interim codes of practice on these subjects later this year. We are consulting on the role that Parliament should have in relation to the codes, too.
If online companies are to persuade the regulator that they are meeting their duty of care to keep their users safe, there will need to be transparency about what is happening on their platforms and what they are doing about it. If they are unwilling to provide the necessary information voluntarily, the regulator will have the power to require annual transparency reports and to demand information from companies relating to the harms on their platforms.
It is also important to give users a voice in this system, so that they can have confidence that their concerns are being treated fairly. We will therefore expect companies to have an effective and easy-to-access complaints function. We are consulting on two further questions—how we can potentially provide users with an independent review mechanism, and how we might allow designated bodies to make super-complaints to defend the needs of users.
For a model based on duty of care to work, those subject to it must be held to account for how they fulfil that duty. That is why we have concluded that a regulator will be necessary, whether a new entity or an extension of the responsibilities of an existing regulatory body. The regulator must be paid for by the online companies, but it is essential that it commands public confidence in its independence, impartiality and effectiveness. We propose that the scope of the regulatory framework will be to cover companies that allow users to share or discover user-generated content or to interact with each other online, where that activity is currently unregulated. That includes a wide variety of organisations, both big and small, from a range of sectors, and the new regulatory regime will need to be flexible enough to operate effectively across them all.
There are two key principles in such an approach. First, the regulator will adopt a risk-based approach, prioritising regulatory action to tackle harms that have the greatest impact on individuals or wider society. Secondly, the regulator will require companies to take reasonable and proportionate actions to tackle harms on their services, taking account of their size and resources. The regulator will expect more of global giants than small start-ups. It is also necessary for the regulator to have sufficient teeth to hold companies to account when they are judged to have breached their statutory duty of care. That will include the power to serve remedial notices and to issue substantial fines, and we will consult on even more stringent sanctions, including senior management liability and the blocking of websites.
However, this regulatory approach is designed to encourage good behaviour as well as punish bad behaviour. Just as technology has created the challenges that we are addressing here, technology will provide many of the solutions, for example, in the identification of terrorist videos online and images of child sexual abuse or in new tools to identify online grooming. The regulator will therefore have broader responsibilities to promote the development and adoption of these technologies and to promote safety by design.
The truth is, however, that if we focus only on what Government or the online companies do, we miss something important. We all need the skills to keep ourselves safe online, and too few of us feel confident that we have them. We will therefore task the regulator to promote those skills, and we will develop a national media literacy strategy.
This White Paper does not aspire to deal with all that is wrong with the internet; no single piece of work could sensibly do so. This White Paper forms part of the Government’s response to the many challenges that the online world brings, but it is focused on some of the most pernicious harms found online and it expects much more of the companies that operate there in tackling those harms. These are big steps, but they need to be taken.
Some will say that the internet is global so no country can act alone, but I believe that we have both a duty to act to protect UK citizens and an opportunity to lead the world on this. With well-deserved worldwide reputations for fostering innovation and respect for the rule of law, the United Kingdom is well placed to design a system of online regulation that the world will want to emulate.
The more we do online, the less acceptable it is that content which is controlled in any other environment is not controlled online. A safer internet is in the interests of responsible online companies, which want their customers to spend more time online, and it is a legitimate expectation of those we represent. That is what this White Paper will deliver, and I commend it and this statement to the House.
Let me outline what I think is at stake. We are at an inflection point in technological and human advance. Data can transform this planet almost beyond our current comprehension. The ideas of John von Neumann, I.J. Good and Ray Kurzweil tell us how accelerating intelligence and artificial intelligence can lead to a technological singularity. On health, for example, it will allow humans to take control of their own cellular biology; cancer patients worldwide will be able to share their data for the common good.
At the heart of this revolution, however, is a public policy question about the legitimate use of our personal data. That legitimate use has been imperilled because a couple of early big data pioneers distorted the market by making crazy amounts of money from targeted advertising and then protecting their market dominance.
These past months, this House has felt more divided than at perhaps any time in our recent history, yet one person and one cause has united elected representatives of all parties throughout the House—Mark Zuckerberg and the urgent need to bring social media giants into line.
It feels like we are living in a digital dystopia: a nightmare where a young girl commits suicide after being exposed to images of self-harm on Instagram; a business model where a massacre can be livestreamed on Facebook and the video shared thousands of times on YouTube; and a horror where a teenager is groomed in an online gaming community and then murdered in cold blood.
These companies are making billions extracting and monetising our personal data, and what do we get in return? Harms, hate speech and fake news filling our timelines and the minds of young and vulnerable people. It is no wonder that New Zealand’s privacy commissioner called the executives of Facebook “morally bankrupt pathological liars” after the company refused to acknowledge any need to change its policies following the Christchurch mosque attacks. I cannot disagree with him.
We found out today that Google avoided £1.5 billion of corporation tax last year. That could have paid for 60,000 nurses for our NHS. This from a company with a net worth of £645 billion. The abuses and harms perpetrated online represent one of the toughest social policy challenges of modern times. It is our duty, as elected representatives and policy makers, to rise to that challenge, and it is to the Secretary of State’s credit that he has clearly taken that duty seriously today.
Labour has already committed to many of the announcements in this White Paper. An independent regulator, a legal duty of care and a tough sanctions regime will support the Government in introducing these measures, but I have no doubt that the industry will fight back. The tech giants are certainly gearing up for a fight, hiring an army of lobbyists who I expect will be in touch with each of us very soon. I hope we can all make a commitment now that these measures will be the minimum standard of regulation and that we will not resile from any of the report’s recommendations.
There is much in this White Paper to be commended, but we also have concerns. Our biggest fear is that the announcements will take months, if not years, to come to fruition. When terrorists are recruiting, children are being exploited and disinformation wars are being waged online, we do not have time to spare. We need action now. Will the Secretary of State commit to bringing forward the legislation on the new regulator in the next parliamentary Session?
There is nothing in this report about protecting our democracy from dark third-party political advertising and those who wish to sow disinformation and discord. Even Mark Zuckerberg has said that Governments need to introduce regulation to protect electoral integrity. Does the Secretary of State admit that this White Paper fails to do that?
The duty of care codes and the codes of conduct sound like very important steps, but the devil will be in the detail. For example disinformation, such as anti-vaccination propaganda, is being spread unchecked in closed groups on Facebook, contributing to a burgeoning public health crisis. Will the Secretary of State explain how this White Paper might tackle that?
Underlying all the harms, hate and fake news on social media platforms is one central, fundamental problem: the distorted digital market dominated by a small number of data monopolies. These companies surveil our every like and share, extract our data and sell it on to advertisers 10 times over. They are hoovering up companies big and small, suppressing competition and innovation. They are now so dominant that they think themselves too big to fail—untouchable by mere national Governments.
We agree with the Secretary of State that this is only the start, and we respect what is in this White Paper and will work to help deliver it, but the truth is that, until we deal with the fundamental issue of data monopolists dominating the market, we will never really see the end of this digital dystopia.
As the hon. Gentleman also says, there will be a considerable amount of resistance to what is proposed in this White Paper, and we will all need to hold our nerve in the face of that pressure. He asks about legislation, and it is our intention to legislate in the next parliamentary Session, but he will understand that there is a tension between the urgency, which we all accept exists, to tackle these harms and, indeed, to legislate to do so and the need to make sure that we have taken account of the views and the thinking that others can contribute. He knows that I have sought to do that up to this point, and I will seek to do it from this point on. I want to ensure that we make this as robust as we can, that we get it right, that we have understood the detail, and that it will stand up to the kind of scrutiny and pressure that he rightly describes. With that tension in mind, we will move as quickly as we can.
On electoral integrity, the hon. Gentleman heard me say a moment ago that the White Paper does not represent the sum total of the Government’s action in relation to harms on the internet more broadly. He will know that the Cabinet Office will imminently be bringing forward its “defending democracy” piece of work. I hope he will find in that a good deal of the material he referred to. Indeed, while a good number of the Government’s responses to the excellent piece of work produced by the Digital, Culture, Media and Sport Committee are, as he said, dealt with in the White Paper, some will be dealt with in that document.
Disinformation is, as the hon. Gentleman knows, one of the harms that we have identified in the White Paper as needing the attention of the regulator. We believe that a number of things can be done. We will expect the regulator, in its codes of practice and through the duty of care more broadly, to focus on the need to ensure that authoritative sources are prioritised over non-authoritative sources and that fact checking is available. There are other measures that the regulator could take, not least in respect of the point I made about public education. In relation to many of the issues on which disinformation is focused, we believe that the answer, at least in part, is to ensure that our fellow citizens are equipped with the skills they need to understand what they should be looking for to determine what they believe and what they do not. That is a legitimate focus for the regulator.
Finally, the hon. Gentleman mentioned competition, and I understand his focus on that. Again, I make the point that it will be dealt with, but that it will be dealt with elsewhere. He will know about the Furman review, which was recently completed at the Government’s instigation. We will take seriously what Professor Furman and his panel have said, and we will respond in due course. When we do so, the hon. Gentleman will have the opportunity to take the matter up again, and I know he will.
The extended Ofcom or the new regulator that is created will have a big and serious job on its hands. Will the Secretary of State reassure us that any regulator will be properly resourced and have the full weight of the law behind it? The protection of vulnerable children is of particular concern to many of the stakeholders and schools I have spoken to in my Livingston constituency.
The Secretary of State made some important points about people closing their social media accounts because of abuse. The reality is that online abuse has a disproportionate impact on women and girls, who face sexism and misogyny, and are readily silenced online. I am sure that he will be aware of the work of Caroline Criado Perez and her book on this issue. In a world designed for men, women and girls are being rendered invisible. That cannot continue.
Just because a regulator is appointed does not mean it will be effective. The 2008 financial crash had to happen before the Financial Conduct Authority started to regulate effectively. Any regulator, the Secretary of State says, will be paid for by the online companies. Will he say more about how that will be levied? He also mentioned that the Home Secretary will publish an interim code of practice. Will he give us a sense of when that is to happen because, as we know, it is desperately needed?
I understand—we understand—that a balance needs to be struck with free speech. The tech companies seem to take the issues of terrorism, child abuse and paedophilia a bit more seriously, but the everyday abuse of people in public life and young people, particularly girls in schools, is a serious concern. I commend to the Secretary of State “The Burning” by Laura Bates, a brilliant book that draws on Laura’s own experience of talking to students in schools. It is about a young woman who is forced to move school and country because of the vitriolic abuse that she faced online.
The Secretary of State talks of a national media literacy strategy. That is welcome. I am sure that he is aware of the SNP-led Government’s child internet safety plan, and I hope that he will co-ordinate and work closely with the Governments in Scotland and the devolved nations.
Finally, it is imperative that any new regulation or legislation addresses the funding of political advertising online. The illegal activity of the leave campaign is a dark stain on our democracy. We must ensure that our democracy is not interfered with or damaged any further. We must get this right. For the sake of the family of Molly Russell and the victims of Christchurch, we must work together across this House to ensure that social media and tech companies are properly held to account.
It is important that we have a regulator that is properly resourced. I said that it was our intention to ensure that the industry pays for that regulator, which is of course what one would normally expect, but whether that is predominantly through a levy or fine income is a question we have asked for views on in the course of the White Paper. We look forward to hearing what people have to say. I am open to persuasion either way, or a combination of the two might be the best way to proceed, but obviously the weight of payment must be with the industry.
The hon. Lady asks whether the regulator will have the weight of law behind it. It will. As I indicated, we will need to legislate to set up the regulator; it will need statutory underpinning. I hope that she will be supportive of that effort when we bring legislation before the House.
The hon. Lady makes a good point about online abuse of women and girls in particular. One of the reasons that I am so keen to see this process continue is that if we do not give the citizens of this country the opportunity to speak up online, to participate in the debate on what is now one of the central forums for debate, we will lose a huge number of powerful voices in the course of making our country a better place. To women —young women in particular—who feel that that is a hostile environment in which to participate in debate, we have a particular duty. I believe that the regulator will help us to fulfil that duty.
The hon. Lady mentions codes of practice. She might not yet have seen that the social media code of practice is published alongside the White Paper, so that document is now available and I hope that online companies will start to take clear account of it. The work that the Home Office will now do will specifically be in relation to child sexual abuse and to the promotion of terrorism. Because of the seriousness of the harms, we believe it is appropriate for the Home Secretary to have input into the design of the codes of practice.
Finally, the hon. Lady has my assurance that we will continue to work with the Scottish Government. I have already had a very productive conversation with her colleague in the Scottish Government, Kate Forbes. We will seek to take forward that co-operation as we develop the proposals.
I said earlier that it is appropriate for the United Kingdom to lead on this matter, and we should be proud that we are doing so, but I hope that other countries, including the United States, will see how we are approaching common challenges that the United States faces, too, and will seek to adopt similar proposals.
On social media, we all recognise that we cannot put the genie back in the bottle. Social media will continue to be a significant element in the lives of young people, in particular, with all the challenges to their mental health that we know it brings. Those who promote platforms for the kind of user-generated interaction that we are concerned with in this White Paper must accept that they can do something about some of the harmful material on those platforms. If they choose to do so, they will have nothing to fear from our proposals; if they choose not to, they will find that consequences follow.
On the identity of the regulator, the hon. Gentleman is right that this could become a congested space. He will see in the White Paper that, despite the fact that, initially at least, we have asked people to tell us what they think about the two possibilities as they stand—either a new regulator or the extension of the powers of an existing regulator—we have also envisaged a somewhat more comprehensive look at the way in which the regulatory structures currently operate.
On what the hon. Lady says about some of this content being hosted outside the UK, the important point is that companies that offer services to UK citizens will be within scope of these proposals. There is an enforcement challenge for some of the sanctions we have set out, but it is worth keeping in mind that some 85% or so of the traffic we are concerned about comes through platforms that have a significant corporate presence in the United Kingdom. That does give us a purchase on them, and it is important that we make use of it. I would also say that some of the other sanctions we are considering, including ISP blocking—although it would never be used except in the most extreme circumstances, and it does have technical challenges—would be applicable even to platforms that do not have a corporate presence in the UK.
In relation to my hon. Friend’s point about education and how it might be funded, it will of course be open to the regulator—we will encourage it to consider this—to spend some of its revenue on education, which we think is a key component of the White Paper.
“the right expectations of companies to design their products in safe ways”
and to
“set clear expectations for companies to prevent harm to their users.”
If we have recognised designed addiction, has the time not come to legislate and stop those companies?
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