My Lords, I have said several times when we have been debating this Bill—and I will probably say it again when we get to
the group about powers—that, for me, the point of the Online Safety Bill is to address the absence of accountability for the extraordinary power that the platforms and search engines have over what we see online and, indeed, how we live and engage with each other online. Through this Bill, much greater responsibility for child safety will be placed on the platforms. That is a good thing; I have been very supportive of the measures to ensure that there are strong protections for children online.
The platforms will also have responsibility, though, for some measures to help adults protect themselves. We must not forget that, the more responsibility that platforms have to protect, the more power we could inadvertently give them to influence what is an acceptable opinion to hold, or to shape society to such an extent that they can even start to influence what we believe to be right or wrong—we are talking about that significant amount of power.
I was of the camp that was pleased when the Government removed the legal but harmful aspects of the Bill, because for me they represented a serious risk to freedom of expression. As I just described, I felt that they risked too much inadvertent power, as it were, going to the platforms. But, with the Government having done that, we have seen through the passage of the Bill some push-back, which is perfectly legitimate and understandable—I am not criticising anyone—from those who were concerned about that move. In response to that, the Government amended the Bill to provide assurances and clarifications on things like the user-empowerment tools. As I said, I do not have any problem; although I might not necessarily support some of the specific measures that were brought forward, I am okay with that as a matter of principle.
However, as was explained by my noble friend Lord Moylan and the noble Baroness, Lady Fox, there has not been a similar willingness from the Government to reassure those who remain concerned about the platforms’ power over freedom of expression. We have to bear in mind that some people’s concerns in this quarter remained even when the legal but harmful change was made—that is, the removal of legal but harmful was a positive step, but it did not go far enough for some people with concerns about freedom of expression.
I am sympathetic to the feeling behind this group, which was expressed by my noble friend and the noble Baroness, Lady Fox. I am sympathetic to many of the amendments. As the noble Lord, Lord Allan of Hallam, pointed out, specifically Amendment 162 in relation to the Public Order Act seems worthy of further consideration by the Government. But the amendments in the group that caught my attention place a specific duty on Ofcom in regard to freedom of expression when drawing up or amending codes of practice or other guidance—these amendments are in my noble friend Lord Moylan’s name. When I looked at them, I did not think that they undermined anything else that the Government brought forward through the amendments to the Bill, as he said, but I thought that they would go a long way towards enforcing the importance of freedom of expression as part of this regulatory framework—one that we expect Ofcom to attach serious importance to.
I take on board what the noble Lord, Lord Allan, said about the framework of this legislation being primarily about safeguarding and protection. The purpose of the Bill is not to enhance freedom of expression, but, throughout its passage, that has none the less always been a concern. It is right that the Government seek to balance these two competing fundamental principles. I ask whether more can be done—my noble friend pointed to the recommendations of the Equality and Human Rights Commission and how they reinforce some of what he proposed. I would like to think that my noble friend the Minister could give some greater thought to this.
As was said, it is to the Government’s credit how much they have moved on the Bill during its passage, particularly between Committee and Report. That was quite contrary to the sense that I think a lot of us felt during the early stages of our debates. It would be a shame if, once the Bill leaves the House, it is felt that the balance is not as fine—let me put it like that—as some people feel it needs to be. I just wanted to express some support and ask my noble friend the Minister to give this proper and serious consideration.
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