While long overdue, I welcome the Bill and welcome the fact that it goes some way to addressing some of the concerns previously raised in this House. I thank the Minister for his engagement and the manner in which the Government have listened, particularly on the issue of anonymity. While it is not perfect, we will continue to press for the cloak of anonymity, which allows faceless trolls to abuse and cause harm, to be removed.
In building the Bill, a logical cornerstone would be that what is illegal offline—on the street, in the workplace and in the schoolyard—is also illegal online. The level of abuse I have received at times on social media would certainly be a matter for the police if it happened in person. It is wrong that people can get away with it online. However, there are dangers to our right to free speech around regulating content that is legal but deemed harmful to adults. The Bill allows what is legal but harmful to adults to be decided by the Secretary of State. Whatever is included in that category now could be easily expanded in future by regulations, which we all know means limited parliamentary scrutiny. As responsible legislators, we must reflect on how that power could be misused in the future. It could be a tool for repressive censorship and that is surely something neither the Government nor this House would wish to see in a land where freedom of speech is such a fundamental part of what and who we are. Without robust free speech protections, all the weight of the duties on content that is legal but harmful to adults will be pushing in one direction, and sadly, that is censorship. I urge the Government to address that in the Bill.
We also need to look at the weakness of the Bill in relation to the protection, particularly for children and young people, from pornography. It is welcome that
since the publication of the draft Bill, the Government have listened to concerns by introducing part 5. In eight days, it will be the fifth anniversary of the Digital Economy Act 2017 receiving Royal Assent. This Government took the decision not to implement part 3 of that Act. Those of us in the House who support age verification restrictions being placed on pornographic content are justifiably hesitant, wondering whether the Government will let children down again.
It could be 2025 before children are protected through age verification. Even if the Bill becomes law, there is still no certainty that the Government will commence the provisions. It simply cannot be left to the Secretary of State in 2025 to move secondary legislation to give effect to age verification. A commencement clause needs to be placed in the Bill. Children deserve the right to know that this Government will act for them this time.
Furthermore, the Bill needs to be consistent in how it deals with pornography across parts 3 and 5. Age verification is a simple concept. If a website, part of a website or social media platform hosts or provides pornographic content, a person’s age should be verified before access. If a child went into a newsagents to attempt to buy a pornographic magazine, they would be challenged by the shopkeeper. This goes back to the cornerstone of this issue: illegal offline should mean illegal online. The concept may be simple but the Bill, as drafted, adds unnecessary complexities. I ask the Minister to act and make parts 3 and 5 similar. We should also give Ofcom more power when it is implementing the Bill.
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