Article by Jim Norton for the Daily Mail - published 14 December 2021
All pornography websites should have a legal duty to prevent children from accessing them, MPs and peers say today.
A parliamentary committee also called for criminal offences to be created including the promotion of self-harm, ‘cyberflashing’ – sending unwanted obscene pictures – and trolling people on the basis of gender, disability or race.
It added that online fraud must be treated as seriously as terrorism under forthcoming internet laws.
It further called on the Government to introduce stronger exemptions to prevent tech giants from blocking or removing news content from recognised publishers unless it is illegal.
The recommendations are among a raft of changes suggested by the cross-party committee to improve the draft Online Safety Bill before it is put to Parliament. Free speech would also be defended by protections for content that serves the public interest.
The committee has addressed concerns that the draft bill’s definition of ‘legal but harmful’ content is too vague, calling for crimes to be created to tackle specific issues such as cyberflashing. It recommended introducing legal duties for all pornography sites to keep children from accessing them.
Under the present draft bill, this rule applies only to sites with user-generated content.
The committee said online scams should be classed as ‘priority illegal content’, meaning platforms are required to stop them appearing in the first place.
It has also urged the Government to bring fraudulent internet adverts – such as those that use fake celebrity endorsements to dupe victims into investing – into the scope of the legislation.
Famous names such as Sir Richard Branson and Martin Lewis are among those that have been used to dupe victims. Tory MP Damian Collins is chairman of the joint committee on the draft Online Safety Bill and has heard from victims, ministers, regulators and tech giants.
He said: ‘The committee were unanimous in their conclusion that we need to call time on the Wild West online.
‘What’s illegal offline should be regulated online. For too long, big tech has got away with being the land of the lawless.
‘A lack of regulation online has left too many people vulnerable to abuse, fraud, violence and in some cases even loss of life.’
The long-awaited legislation will impose a duty of care on tech giants to protect users from harmful content. It will install Ofcom as regulator with the power to fine them up to 10 per cent of their global turnover.
The Government has two months to respond to the committee’s recommendations and the bill is due to be put to Parliament next year.
The report highlighted how fraud was the biggest single crime in the UK in 2020, with around 85 per cent of scams relying on the internet in some way.
Studies estimate that victims have lost £2.3billion to fraud over the past year alone, with one in three affected admitting they felt depressed afterwards. But the draft bill currently defines fraud as ‘illegal content’, meaning providers are required to remove such content only after being notified by users.
The committee has recommended the Government change it to ‘priority illegal content’ in order to honour its pledge to properly combat the problem.
Concerns have been raised that the bill would also do nothing to stop criminals continuing to pay for online advertising to promote their scams.
The committee’s inquiry heard how criminals would copy the websites of insurance companies and pay for them to appear at the top of search results – above the legitimate site.
In response, the report called for paid-for ads to be included in the scope of the bill.
In response to the proposed exemptions for online content from news publishers, the News Media Association – which represents national, regional, and local news organisations in the UK – said it was pleased that the report acknowledged the ‘critical importance of robust and workable protections for freedom of speech’.
The association’s chief executive Owen Meredith said: ‘We note that the report includes a recommendation for Government to work with industry bodies to ensure that the news publisher content exemption is watertight and fit for purpose, and we look forward to engaging with policy makers on this vitally important provision.’
The committee’s report also says tech companies should install a senior manager as a ‘safety controller’, who would ultimately be liable if there was evidence of ‘repeated and systemic failings’ causing serious harm to users.
In response to the proposed exemptions for online content from news publishers, the News Media Association – which represents national, regional, and local news organisations in the UK – said it was pleased that the report acknowledged the ‘critical importance of robust and workable protections for freedom of speech’.
The association’s chief executive Owen Meredith said: ‘We note that the report includes a recommendation for Government to work with industry bodies to ensure that the news publisher content exemption is watertight and fit for purpose, and we look forward to engaging with policy makers on this vitally important provision.’
The committee’s report also says tech companies should install a senior manager as a ‘safety controller’, who would ultimately be liable if there was evidence of ‘repeated and systemic failings’ causing serious harm to users.