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The Communications Act - Clause 82 and various amendments
12 September 2023
Lead MP
Paul Scully
Debate Type
Bill Debate
Tags
Justice & CourtsEconomy
Other Contributors: 39
At a Glance
Paul Scully raised concerns about the communications act - clause 82 and various amendments in the House of Commons. Other MPs contributed to the debate.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Lead Contributor
Opened the debate
Moves amendment (a) to Lords amendment 182, introducing a series of consequential amendments aimed at improving the regulation of internet companies and social media platforms. The speaker highlights the collaborative work done with Backbenchers in both Houses to address issues such as child safety online and data access for coroners.
Roger Gale
Con
Herne Bay and Sandwich
Supports the amendment and expresses appreciation for the constructive discussions with the Government that led to the withdrawal of an earlier amendment. He emphasises the importance of saving children's lives through improved regulation.
Bill Cash
Con
Penistone and Stocksbridge
Intervenes to express gratitude towards the Government for their work on child safety online, highlighting the positive outcome of discussions that have contributed significantly to preventing child deaths.
Sajid Javid
Con
Bromsgrove
Invites Roger Gale to elaborate on the Government's plans for closing legislative gaps, particularly in relation to data access for coroners and future measures under the Data Protection and Digital Information Bill.
John Hayes
Con
South Holland and The Deepings
Agrees with Roger Gale's point that there is a risk of under-regulation rather than over-regulation, emphasising the need for stringent measures against dastardly practices by internet companies.
Debbie Abrahams
Lab
Oldham East and Saddleworth
Highlights gaps in the Bill's regulatory requirements for online social media companies, questioning how effectiveness will be monitored over time to adapt to evolving social media trends.
John Penrose
Constitutional
Brighton Kemptown
Supports the Government amendment 241 on provenance, expressing hope for future legislation addressing areas currently considered weak, such as disinformation and misinformation.
Margaret Hodge
Lab
Barking
Asks about mechanisms for parliamentary monitoring of implementation and suggests that the principle of director liability should be applied in other Bills like the Economic Crime and Corporate Transparency Bill.
Kirsty Blackman
SNP
Aberdeen North
Expresses concern over the lack of a dedicated review mechanism, questioning whether future legislation will be timely and effective.
Damian Collins
Con
Tower Hamlets
Supports the amendment, stating that it ensures Ofcom has the authority to enforce companies' terms of service and monitor illegal use effectively.
Pontypridd
She is pleased with concessions made by the Government but calls for a review within five years. She supports amendments addressing children’s risk assessments and proactively removing animal torture content online, noting the RSPCA's research on increased reports of animal abuse. Davies-Jones highlights the need for transparency in researcher access to data and emphasises Labour's ongoing commitment to stronger protections for people online.
Richard Burgon
Lab
Leeds East
[INTERVENTION] He agrees that the Bill does not go far enough in tackling harmful suicide and self-harm content, suggesting engagement with people with lived experience of these issues to improve legislation.
Gosport
Welcomes the return of the Online Safety Bill, highlighting its ambitious aim to make the UK the safest place in the world to go online. Acknowledges the vital work done by child protection campaigners and expresses gratitude towards noble colleagues for shaping the legislation. Emphasises the importance of protecting children, vulnerable adults, women, girls, animals, and addressing issues like end-to-end encryption and user empowerment tools. Supports measures such as new Ofcom powers and changes brought forward to address online violence against women.
Bill Cash
Con
[INTERVENTION] Commends Caroline Dinenage for her remarks, pointing out that European legislation has nothing comparable to what is in the Online Safety Bill. Highlights the effectiveness of self-legislation.
Kirsty Blackman
SNP
Aberdeen North
Supports the amendments for their improvements in keeping people safe online. Highlights the importance of considering both user numbers and risk levels for high-risk platforms, criticises the lack of oversight on app stores, and emphasises the need for robust review mechanisms to adapt to rapidly changing technology.
Damian Collins
Con
Folkestone and Hythe
The Bill has undergone thorough scrutiny over a long period, resulting in comprehensive legislation with a robust regulator. He emphasises the importance of ongoing post-legislative scrutiny to adapt to new technologies like the metaverse and large language models. Collins stresses the need for accountability through regulatory oversight and transparency from technology companies regarding data use and harm mitigation. He also suggests forming a special joint committee for continuous review.
John Hayes
Con
South Holland and The Deepings
Intervenes to support the need for thorough scrutiny while acknowledging the challenge of aligning technological pace with legislative process. He echoes concerns about balancing detailed examination with the rapid evolution of technology.
Bill Cash
Con
Stone
Suggests setting up a Sub-Committee under the Standing Orders of the Select Committee on Culture, Media and Sport to annually monitor developments and keep pace with technological change.
Jamie Stone
Lib Dem
Caithness, Sutherland and Easter Ross
Welcomes the addition of new offences for encouraging self-harm and intimate image abuse but expresses concerns about the Secretary of State's powers. Wishes to see more movement on risk assessment and terms of service subject to a mandatory risk assessment. Emphasises the importance of education and rapid intervention by parents or guardians when necessary. Raises concern over encryption, expressing opposition to any attempts to undermine or weaken it.
Kirsty Blackman
SNP
Aberdeen North
Intervenes to emphasise the importance of preventing online dangers before they affect children, highlighting the need for companies and Ofcom to do risk assessments to make platforms safer by design.
Maria Miller
Con
Horsham
Welcomes the amendments focusing on intimate image abuse, including deepfakes, and acknowledges the commitment shown by the Government. Supports the creation of four new offences relating to sharing intimate images without consent and their potential impact in protecting victims from blackmail and distress.
Richard Burgon
Lab
Leeds East
While not directly addressing the amendment, Richard Burgon highlights the importance of tackling harmful online content related to suicide and self-harm. He supports the need for ongoing engagement with constituents and stakeholders like the Samaritans to ensure that legislation effectively protects vulnerable individuals from dangerous online material.
Siobhan Baillie
Con
Stroud
Baillie argues for visible identity verification as a necessary tool to combat abuse, fraud, and harmful content. She believes that making verified users visible helps protect people from anonymous abusers and provides confidence in online interactions.
Bill Cash
Con
Stone
Intervenes to support Baillie's argument, noting the Government's recent strategy announcements on suicide prevention that align with Baillie’s concerns about harmful content.
John Hayes
Con
South Holland and The Deepings
Agrees with Baillie, suggesting a re-evaluation of internet companies' legal responsibilities to combat harmful material published on their platforms.
Pays tribute to Siobhan Baillie's work and suggests that a committee or scrutiny group could monitor the effectiveness of guidelines related to visible identity verification.
Jeremy Wright
Con
Kenilworth and Southam
Welcomes the amendments that aim to include harmful features, functionalities or behaviours in children's risk assessments. Acknowledges the importance of clarity and proportionality in these changes. Supports Lords amendment 391 to allow Ofcom to designate smaller platforms as category 1 services if they have certain functionalities.
Bill Cash
Con
Stone
Suggests that there should be a special provision for an annual report by Ofcom on its involvement in these processes, to ensure accountability and transparency of Ofcom's activities.
Marcus Fysh
Con
Mid Devon
Mr. Fysh raised concerns about the potential chilling effect on innovation and introduced amendments aimed at addressing systemic weaknesses that could undermine secure operations of critical systems. He emphasised the need for clarity in provisions related to remote viewing of information to prevent unintended access vulnerabilities.
Vicky Ford
Con
Chelmsford
Ms. Ford emphasised the need for age assurance measures to prevent young people from accessing online pornography and called for better regulation of dangerous suicide and eating disorder forums. She also highlighted that small platforms can be as harmful as major ones, citing a tiny forum that was setting death dates for its users. Furthermore, she sought confirmation from the Minister regarding the new criminal offence of intentionally encouraging serious self-harm, including activities related to eating disorders.
Bill Cash
Con
Stone
The speaker argues for the amendment, highlighting its importance in protecting children online. He references historical efforts to protect children and mentions recent work by Baroness Kidron and others. The speaker cites statistics from the NSPCC indicating that 86% of UK adults want companies to understand how groomers use their sites and take action to prevent it by law.
Miriam Cates
Con
Penistone and Stocksbridge
Supports Lords amendments to criminalise directors and managers for non-compliance with Ofcom’s enforcement notices regarding child safety duties. Highlights that 1.4 million British children visit pornographic sites each month, citing potential long-term negative impacts on children's perceptions of sex and relationships. Emphasises the importance of enforcing age verification tools across all platforms to protect children from harmful online content.
Bill Cash
Con
Stone
[INTERVENTION] Agrees with Miriam Cates that criminalising non-compliance will be a deterrent for tech companies, highlighting the need for action at board level.
Ian Paisley Jnr
DUP
North Antrim
[INTERVENTION] Congratulates Miriam Cates on her efforts to highlight online safety issues, emphasising that this is a beginning and not an end to ensuring proper digital access protection for children and adults.
Anna Firth
Con
Great Yarmouth
Supports Lords amendments 195 and 153, which allow Ofcom, coroners, and bereaved parents to acquire information about a child’s use of social media after their death. Cites the tragic case of Archie Battersbee to illustrate the need for these amendments, noting that bereaved families often struggle to access crucial online data in such cases.
Ian Paisley Jnr
DUP
North Antrim
Expressed gratitude towards the Minister for engaging on access to private property and setting up a consultation on the right to access a person’s phone after they are deceased or incapacitated. He hopes this is the start of something that ensures big digital companies will no longer be able to bully people.
Damian Collins
Con
Folkestone and Hythe
Asked the Minister if companies should use proactive technology, as they already do for content recommendation purposes. Also mentioned that a child born on the day of the original internet safety strategy's publication is now in their second year of primary school.
Jeremy Wright
Con
Kenilworth and Southam
Asked for clarity on whether the Minister agreed with everything he said, specifically regarding proportionality and balancing duties in design harms, and also sought confirmation about the Government’s position on encryption.
Vicky Ford
Con
Chelmsford
Asked for confirmation about the accuracy of a letter she received from the Minister of State, Ministry of Justice.
Pontypridd
Thanked the Minister along with Hope Not Hate, Antisemitism Policy Trust and CST for their campaign efforts on small high-harm platforms now in scope of the Bill. She also sought confirmation that the regulator would be able to take action against such proceedings.
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