Online Safety Bill — House of Commons, 2022-07-12
Topic: Mixed Topics
John MacKenzie Nicolson (Scottish National Party, Centre-left): I rise to speak to the amendments in my name and those of other right hon. and hon. Members. I welcome the Minister to his place after his much-deserved promotion; as other hon. Members have said, it is great to have somebody who is both passionate and informed as a Minister. I also pay tribute to the hon. Member for Croydon South (Chris Philp), who is sitting on the Back Benches: he worked incredibly hard on the Bill, displayed a mastery of detail throughout the process and was extremely courteous in his dealings with us. I hope that he will be speedily reshuffled back to the Front Bench, which would be much deserved—but obviously not that he should replace the Minister, who I hope will remain in his current position or indeed be elevated from it But enough of all this souking, as we say north of the border. As one can see from the number of amendments tabled, the Bill is not only an enormous piece of legislation but a very complex one. Its aims are admirable—there is no reason why this country should not be the safest place in the world to be online—but a glance through the amendments shows how many holes hon. Members think it still has The Government have taken some suggestions on board. I welcome the fact that they have finally legislated outright to stop the wicked people who attempt to trigger epileptic seizures by sending flashing gifs; I did not believe that such cruelty was possible until I was briefed about it in preparation for debates on the Bill. I pay particular tribute to wee Zach, whose name is often attached to what has been called Zach’s law The amendments to the Bill show that there has been a great deal of cross-party consensus on some issues, on which it has been a pleasure to work with friends in the Labour party. The first issue is addressed, in various ways, by amendments 44 to 46, 13, 14, 21 and 22, which all try to reduce the Secretary of State’s powers under the Bill. In all the correspondence that I have had about the Bill, and I have had a lot, that is the area that has most aggrieved the experts. A coalition of groups with a broad range of interests, including child safety, human rights, women and girls, sport and democracy, all agree that the Secretary of State is granted too many powers under the Bill, which threatens the independence of the regulator. Businesses are also wary of the powers, in part because they cause uncertainty The reduction of ministerial powers under the Bill was advised by the Joint Committee on the Draft Online Safety Bill and by the Select Committee on Digital, Culture, Media and Sport, on both of which I served. In Committee, I asked the then Minister whether any stakeholder had come forward in favour of these powers. None had Even DCMS Ministers do not agree with the powers. The new Minister was Chair of the Joint Committee, and his Committee’s report said: "The powers for the Secretary of State to a) modify Codes of Practice to reflect Government policy and b) give guidance to Ofcom give too much power to interfere in Ofcom’s independence and should be removed." The Government have made certain concessions with respect to the powers, but they do not go far enough. As the Minister said, the powers should be removed We should be clear about exactly what the powers do. Under clause 40, the Secretary of State can "modify a draft of a code of practice" That allows the Government a huge amount of power over the so-called independent communications regulator. I am glad that the Government have listened to the suggestions that my colleagues and I made on Second Reading and in Committee, and have committed to using the power only in "exceptional circumstances" and by further defining "public policy" motives. But "exceptional circumstances" is still too opaque and nebulous a phrase. What exactly does it mean? We do not know. It is not defined—probably intentionally. The regulator must not be politicised in this way. Several similar pieces of legislation are going through their respective Parliaments or are already in force. In Germany, Australia, Canada, Ireland and the EU, with the Digital Services Act, different Governments have grappled with the issue of making digital regulation future-proof and flexible. None of them has added political powers. The Bill is sadly unique in making such provision When a Government have too much influence over what people can say online, the implications for freedom of speech are particularly troubling, especially when the content that they are regulating is not illegal. There are ways to future-proof and enhance the transparency of Ofcom in the Bill that do not require the overreach that these powers give. When we allow the Executive powers over the communications regulator, the protections must be absolute and iron-clad, but as the Bill stands, it gives leeway for abuse of those powers. No matter how slim the Minister feels the chance of that may be, as parliamentarians we must not allow it Amendment 187 on human trafficking is an example of a relatively minor change to the Bill that could make a huge difference to people online. Our amendment seeks to deal explicitly with what Meta and other companies refer to as domestic servitude, which is very newsworthy, today of all days, and which we know better as human trafficking. Sadly, this abhorrent practice has been part of our society for hundreds if not thousands of years. Today, human traffickers are aided by various apps and platforms. The same platforms that connect us with old friends and family across the globe have been hijacked by the very worst people in our world, who are using them to create networks of criminal enterprise, none more cruel than human trafficking Investigations by the BBC and The Wall Street Journal have uncovered how traffickers use Instagram, Facebook and WhatsApp to advertise, sell and co-ordinate the trafficking of young women. One would have thought that the issue would be of the utmost importance to Meta—Facebook, as it was at the time—yet, as the BBC reported, The Wall Street Journal found that "the social media giant only took ‘limited action’ until ‘Apple Inc. threatened to remove Facebook’s products from the App Store, unless it cracked down on the practice’." I and my friends across the aisle who sat on the DCMS Committee and the Joint Committee on the draft Bill know exactly what it is like to have Facebook’s high heid yins before us. They will do absolutely nothing to respond to legitimate pressure. They understand only one thing: the force of law and of financial penalty. Only when its profits were in danger did Meta take the issue seriously The omission of human trafficking from schedule 7 is especially worrying, because if human trafficking is not directly addressed as priority illegal content, we can be certain that it will not be prioritised by the platforms. We know from their previous behaviour that the platforms never do anything that will cost them money unless they are forced to do so. We understand that it is difficult to regulate in respect of human trafficking on platforms: it requires work across borders and platforms, with moderators speaking different languages. It is not cheap or easy, but it is utterly essential. The social media companies make enormous amounts of money, so let us shed no tears for them and for the costs that will be entailed. If human trafficking is not designated as a priority harm, I fear that it will fall by the wayside. In Committee, the then Minister said that the relevant legislation was covered by other parts of the Bill and that it was not necessary to incorporate offences under the Modern Slavery Act 2015 into priority illegal content. He referred to the complexity of offences such as modern slavery, and said how illegal immigration and prostitution priority offences might cover that already. That is simply not good enough. Human traffickers use platforms as part of their arsenal at every stage of the process, from luring in victims to co-ordinating their movements and threatening their families. The largest platforms have ample capacity to tackle these problems and must be forced to be proactive. The consequences of inaction will be grave.