Overall, I very much welcome the Bill. It has been a long time coming, but none of us here would disagree that we need to protect our children, certainly from pornography and all sorts of harassment and awful things that are on the internet and online communications platforms. There is no argument or pushback there at all. I welcome the age verification side of things. We all welcome that.
The repeal of the Malicious Communications Act 1988 is a good move. The adjustment of a couple of sections of the Communications Act 2003 is also a really good, positive step, and I am glad that the Bill is before us now. I think pretty much everyone here would agree with the principles of the Bill, and I thank the Government for getting there eventually and introducing it. However, as chair of the freedom of speech all-party parliamentary group I need to say a few words and express a few concerns about some of the detail and some of the areas where the Bill could perhaps be improved still further.
The first point relates to the requirement that social media have regard to freedom of speech. It is very easy, with all the concerns we have—I have them too—to push too hard and say that social media companies should clamp down immediately on anything that could be even slightly harmful, even if it is uncertain what “harmful” actually means. We must not to give them the powers or the incentive through financial penalties to shut down freedom of speech just in case something is seen to be harmful by somebody. As the Bill progresses, therefore, it would be interesting to look at whether there is an area where we can tighten up rights and powers on freedom of speech.
Secondly, there is the huge issue—one or two other Members have raised it—of definitions. Clearly, if we say that something that is illegal should not be there and should disappear, of course we would all agree with
that. If we say that something that is harmful should not be there, should not be transmitted and should not be amplified, we start to get into difficult territory, because what is harmful for one person may not be harmful for another. So, again, we need to take a little more of a look at what we are talking about there. I am often called “Tory scum” online. I am thick-skinned; I can handle it. It sometimes happens in the Chamber here—[ Laughter. ]—but I am thick-skinned and I can handle it. So, what if there was an option online for me to say, “You know what? I am relaxed about seeing some content that might be a bit distasteful for others. I am okay seeing it and hearing it.”? In academic discourse in particular, it is really important to hear the other side of the argument, the other side of a discussion, the other side of a debate. Out of context, one phrase or argument might be seen to be really harmful to a certain group within society. I will just flag the trans debate. Even the mention of the word trans or the words male and female can really ignite, hurt and harm. We could even argue that it is severe harm. Therefore, we need to be very careful about the definitions we are working towards.
Finally, the key principle is that we should ensure that adults who have agency can make decisions for themselves. I hope social media companies can choose not to remove content entirely or amplify content, but to flag content so that grown-ups with agency like us, like a lot of the population, can choose to opt in or to opt out.
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