← LEADERSHIP TERMINAL

UK PARLIAMENT · SITTING

Chris Philp

MP for Croydon South · Conservative · United Kingdom

IN THEIR OWN WORDS

The Minister mentioned return numbers, but what she did not mention is that the return of 6,000 small-boat migrants in the past two and a bit years amounts to only 8% of illegal immigrants crossing the channel. That is to say, 92% of illegal immigrants crossing get to stay. There is no deterrent whatsoever in that.

DOVER AND PORTSMOUTH: PROTESTS · 2026-09-07 · READ IN HANSARD

I cannot give all the many examples, in the interests of time, but they cited one example in which apparently hundreds of Pakistani men claimed to be gay, based on a letter from an individual claiming to be the sexual partner of all of them. That is quite clearly fabricated with the assistance of immigration lawyers.

DOVER AND PORTSMOUTH: PROTESTS · 2026-09-07 · READ IN HANSARD

I was on the beaches of northern France just a few weeks ago, waist deep in water as one such dinghy embarked with about 100 illegal immigrants on it, while 10 members of the French gendarmerie nationale, who we pay for—who the Home Secretary pays for—with £660 million of our money, almost all of it unconditional, stood by and did nothing…

DOVER AND PORTSMOUTH: PROTESTS · 2026-09-07 · READ IN HANSARD

Numerous rapes have been committed by small-boat illegal immigrants, including the rape of a girl in Nuneaton aged just 12. The Government are using sleight of hand. They are moving illegal immigrants from hotels into apartments, then granting them asylum on an industrial scale.

DOVER AND PORTSMOUTH: PROTESTS · 2026-09-07 · READ IN HANSARD

I thank my constituency neighbour, the Minister for Policing and Crime, for advance sight of her statement. I am sure that we all agree that the right to protest is a fundamental part of our democracy, but the right to protest should never be violently exercised or cause serious disruption to other people.

DOVER AND PORTSMOUTH: PROTESTS · 2026-09-07 · READ IN HANSARD

Since the general election, over 80,000 illegal immigrants have crossed the channel, all illegally and all unnecessarily, because France is a safe country—nobody is fleeing persecution in France. Almost 20,000 have crossed this year alone, and 625 crossed yesterday, with more coming in the early hours.

DOVER AND PORTSMOUTH: PROTESTS · 2026-09-07 · READ IN HANSARD

The complete record

Every one of 6,642 lines we hold for Chris Philp, in date order, each linked to its source. Free to read, in full, without an account. Page 53 of 133.

  1. It is important to make clear how the Bill operates, and I draw the Committee’s attention in particular to clauses 23 to 26, which deal with the risk assessment and safety duties for search services. I point in particular to clause 23(5)(a), which deals with the risk assessment duties for illegal content. The provision makes it clear that those risk assessments have to be carried out “taking into account (in particular) risks presented by algorithms used by the service”. Clause 25 relates to children’s risk assessment duties, and subsection (5)(a) states that children’s risk assessment duties have to be carried out “taking into account (in particular) risks presented by algorithms”. The risks presented by algorithms are expressly accounted for in clauses 23 and 25 in relation to illegal acts and to children.

    ONLINE SAFETY BILL (SIXTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  2. As we discussed, it is appropriate that the Secretary of State will make those directions, given that the Government have the access to intelligence around national security and the relevant health information. Ofcom, as a telecoms regulator, obviously does not have access to that information, hence the need for the Secretary of State’s involvement.

    ONLINE SAFETY BILL (SIXTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  3. We agree that it is important that the Bill contains measures to tackle disinformation and misinformation that may emerge during serious information incidents, but the Bill already contains measures to address those, including the powers vested in the Secretary of State under clause 146, which, when debated, provoked some controversy. Under that clause, the Secretary of State will have the power to direct Ofcom when exercising its media literacy functions in the context of an issue of public health or safety or national security. Moreover, Ofcom will be able to require platforms to issue a public statement about the steps they are taking to respond to a threat to public health or safety or to national security.

    ONLINE SAFETY BILL (SIXTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  4. Member for Aberdeen North rightly says they do, that will be a criminal offence with full sanctions available. I hope that demonstrates to the Committee’s satisfaction that the Bill does this already, and that it is important that it does so for the reasons that the hon. Lady set out.

    ONLINE SAFETY BILL (SIXTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  5. Again, clause 92(5)(a) states that a person “commits an offence” if “the person suppresses, destroys or alters, or causes or permits the suppression, destruction or alteration of, any information required to be provided.” In short, if the person or company who receives the information request lies, or falsifies or destroys information, they are committing an offence that will trigger not only civil sanctions—under which the company can pay a fine of up to 10% of global revenue or be disconnected—but a personal offence that is punishable by up to two years in prison. I hope I have demonstrated that clauses 85 and 92 already clearly contain the powers for Ofcom to request any information, and that if people lie, destroy information or supress information as they do as the moment, as the hon.

    ONLINE SAFETY BILL (SIXTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  6. For the avoidance of doubt, clause 85(5) lists the various things Ofcom can request information for the purpose of and clause 85(5)(l)—on page 75, line 25— includes for “the purpose of carrying out research, or preparing a report, in relation to online safety matters”. Ofcom can request anything, expressly including requesting information to carry out research, which is exactly what the hon. Member for Aberdeen North quite rightly asks for. The hon. Lady then said, “What if they withhold information or, basically, lie?” Clause 92 on page 80 sets out the situation when people commit an offence. The Committee will see that clause 92(3)(a) states that a person “commits an offence” if “the person provides information that is false in a material respect”.

    ONLINE SAFETY BILL (SIXTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  7. Members for Aberdeen North and for Worsley and Eccles South asked for in unambiguous, black and white terms on the face of the Bill—or black and green terms, because the Bill is published on green paper. Clause 85 on page 74 outlines the power Ofcom has to request information from the companies. Clause 85(1) says very clearly that Ofcom may require a person “to provide them with any information”— I stress the word “any”— “that they require for the purpose of exercising, or deciding whether to exercise, any of their online safety functions.” Ofcom can already request anything of these companies.

    ONLINE SAFETY BILL (SIXTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  8. Let me start by saying that I completely agree with the premise of the new clause. First, I agree that these large social media companies are acting principally for motives of their own profit and not the public good. Secondly, I agree with the proposition that they are extremely secretive, and do not transparently and openly disclose information to the public, the Government or researchers, and that is a problem we need to solve. I therefore wholeheartedly agree with the premise of the hon. Member for Aberdeen North’s new clause and her position. However, I am honestly a bit perplexed by the two speeches we have just heard, because the Bill sets out everything the hon.

    ONLINE SAFETY BILL (SIXTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  9. Lady that the general ability of Ofcom is to ask for any relevant information—the word “any” does appear—and even if the information notice does not specify precisely what report it is, Ofcom does have that power and I expect it to exercise it and the company to comply. If the company does not, I would expect it to be prosecuted.

    ONLINE SAFETY BILL (SIXTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  10. I am not going to make a full speech. I have conferred with colleagues. The power conferred by clause 85(1) is one to require any information in a particular domain. Ofcom does not have to point to a particular research report and say, “Please give me report X.” It can ask for any information that is relevant to a particular topic. Even if it does not know what specific reports there may be—it probably would not know what reports there are buried in these companies—it can request any information that is at all relevant to a topic and the company will be obliged to provide any information relevant to that request. If the company fails to do so, it will be committing an offence as defined by clause 92, because it would be “suppressing”, to use the language of that clause, the information that exists. I can categorically say to the hon.

    ONLINE SAFETY BILL (SIXTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  11. All of those offences are clearly designed principally to protect women and girls who are overwhelmingly the victims of those offences. Indeed, the cyber-flashing offence created by clause 156 —the first time we have ever had such an offence in this jurisdiction—will, again, overwhelmingly benefit women and girls who are the victims of that offence. All of the criminal offences I have mentioned—even if they are not mentioned in schedule 7, which I will come to in a moment—will automatically flow into the Bill via the provisions of clause 52(4)(d). Criminal offences where the victim is an individual, which these clearly all are, automatically flow into the provisions of the Bill, including the offences I just listed, which have been created particularly with women in mind.

    ONLINE SAFETY BILL (SIXTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  12. The shadow Minister is right to raise the issue of women and girls being disproportionately—one might say overwhelmingly—the victims of certain kinds of abuse online. We heard my right hon. Friend the Member for Basingstoke, the shadow Minister and others set that out in a previous debate. The shadow Minister is right to raise the issue. Tackling violence against women and girls has been a long-standing priority of the Government. Indeed, a number of important new offences have already been and are being created, with protecting women principally in mind—the offence of controlling or coercive behaviour, set out in the Serious Crime Act 2015 and amended in the Domestic Abuse Act 2021; the creation of a new stalking offence in 2012; a revenge porn offence in 2015; and an upskirting offence in 2019.

    ONLINE SAFETY BILL (SIXTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  13. In addition to all the offences I have mentioned previously, which automatically flow into the illegal safety duties, we have set out priority offences whereby companies must not just react after the event, but proactively prevent the offence from occurring in the first place. I can tell the Committee that many of them have been selected because we know that women and girls are overwhelmingly the victims of such offences. Line 21 lists the offence of causing “intentional harassment, alarm or distress”. Line 36 mentions the offence of harassment, and line 37 the offence of stalking. Those are obviously offences where women and girls are overwhelmingly the victims, which is why we have picked them out and put them in schedule 7—to make sure they have the priority they deserve.

    ONLINE SAFETY BILL (SIXTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  14. Increased penalties for stalking and harassment have been introduced, and we have ended the automatic early release of violent and sex offenders from prison—something I took through Parliament as a Justice Minister a year or two ago. Previously, violent and sex offenders serving standard determinate sentences were often released automatically at the halfway point of their sentence, but we have now ended that practice. Rightly, a lot has been done outside the Bill to protect women and girls. Let me turn to what the Bill does to further protect women and girls. Schedule 7 sets out the priority offences—page 183 of the Bill.

    ONLINE SAFETY BILL (SIXTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  15. I thank my right hon. Friend for her question and for her tireless work in this area. As she says, the intimate image abuse offence being worked on is an extremely important piece in the jigsaw puzzle to protect women, particularly as it has as its threshold—at least in the previous draft—consent, without any test of intent, which addresses some points made by the Committee previously. As we have discussed before, it is a Ministry of Justice lead, and I am sure that my right hon. Friend will make representations to MOJ colleagues to elicit a rapid confirmation of its position on the recommendations, so that we can move to implement them as quickly as possible. I remind the Committee of the Domestic Abuse Act 2021, which was also designed to protect women.

    ONLINE SAFETY BILL (SIXTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  16. Clause 18(2) places a duty—they have to do it; it is not optional—on these platforms to operate a complaints procedure that is, in paragraph (c), “easy to access, easy to use (including by children)” and that, in paragraph (b), “provides for appropriate action to be taken”. They must respond. They must take appropriate action. That is a duty under clause 18. If they do not comply with that duty on a systemic basis, they will be enforced against. The shadow Minister and the hon. Member for Aberdeen North are quite right. The days of the big platforms simply ignoring valid complaints from victims have to end, and the Bill will end them.

    ONLINE SAFETY BILL (SIXTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  17. Those characteristics must be expressly addressed by the risk assessments for adults and for children, in order to make sure that the special protections or vulnerabilities or the extra levels of abuse people with those characteristics suffer are recognised and addressed. That is why those provisions are in the Bill, in clauses 10 and 12. A point was raised about platforms not responding to complaints raised about abusive content that has been put online—the victim complains to the platform and nothing happens. The hon. Members for Pontypridd and for Aberdeen North are completely right that this is a huge problem that needs to be addressed.

    ONLINE SAFETY BILL (SIXTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  18. I completely understand and accept the point that there are groups of people in society who suffer disproportionate harms, as we have debated previously, and that obviously includes women and girls. There are of course other groups as well, such as ethnic minorities or people whose sexual orientation makes them the target of completely unacceptable abuse in a way that other groups do not suffer. I accept the point about having this “on the face of the Bill”. We have debated this. That is why clauses 10 and 12 use the word “characteristic”—we debated this word previously The risk assessment duties, which are the starting point for the Bill’s provisions, must specifically and expressly—it is on the face of the Bill—take into account characteristics, first and foremost gender, but also racial identity, sexual orientation and so on.

    ONLINE SAFETY BILL (SIXTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  19. The list will be constructed with the vulnerability of women and girls particularly in mind. When Committee members see that list, they will find it reassuring on this topic. I respectfully resist the new clause, because the Bill is already incredibly strong in this important area as it has been constructed.

    ONLINE SAFETY BILL (SIXTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  20. I hope I have made very clear in everything I have said, which I do not propose to repeat, that the way the Bill operates, in several different areas, and the way the criminal law has been constructed over the past 10 years, building on the work of previous Governments, is that it is designed to make sure that the crimes committed overwhelmingly against women and girls are prioritised. I think the Bill does achieve the objective of providing that protection, which every member of this Committee wishes to see delivered. I have gone through it in some detail. It is woven throughout the fabric of the Bill, in multiple places. The objective of new clause 23 is more than delivered. In conclusion, we will be publishing a list of harms, including priority harms for children and adults, which will then be legislated for in secondary legislation.

    ONLINE SAFETY BILL (SIXTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  21. Although I understand the Opposition’s intent, the first part simply declares what is already the law, and the second bit takes a different route from the one that the Bill takes. The Bill’s route is more comprehensive and will ultimately be more effective. Perhaps most importantly of all, the approach that the Bill takes is funded by the fees charged on the polluters—the social media firms—rather than requiring individual citizens, at least in the first instance, to put their hand in their own pocket, so I think the Bill as drafted is the best route to delivering these objectives.

    ONLINE SAFETY BILL (SIXTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  22. A far more effective way of dealing with the problems, as we discussed previously when we debated the ombudsman, is to get Ofcom to deal with this on behalf of the whole public on a systemic basis, funded not by individual litigants’ money, which is what would happen, at least in the first instance, if they had to proceed individually. Ofcom should act on behalf of us all collectively—this should appeal to socialists—using charges levied from the industry itself. That is why we want to enforce against these companies using Ofcom, funded by the industry and acting on behalf of all of us. We want to fix these issues not just on an individual basis but systemically.

    ONLINE SAFETY BILL (SIXTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  23. Secondly, the new clause creates a new right of action that does not currently exist, which is a right of individual action if the company is in breach of one of the duties set out in part 3 of the Bill. Individuals being able to sue for a breach of a statutory duty that we are creating is not the way in which we are trying to construct enforcement under the Bill. We will get social media firms to comply through Ofcom acting as the regulator, rather than via individuals litigating these duties on a case-by-case basis.

    ONLINE SAFETY BILL (SIXTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  24. I agree with the shadow Minister’s point that it is important to make sure social media firms are held to account, which is the entire purpose of the Bill. I will make two points in response to the proposed new clause, beginning with the observation that the first part of its effect is essentially to restate an existing right. Obviously, individuals are already at liberty to seek redress through the courts where a company has caused that individual to suffer loss through negligence or some other behaviour giving rise to grounds for civil liability. That would, I believe, include a breach of that company’s terms of service, so simply restating in legislation a right that already exists as a matter of law and common law is not necessary. We do not do declaratory legislation that just repeats an existing right.

    ONLINE SAFETY BILL (SIXTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  25. However, the duty she is seeking to create via new clause 25 is already covered by the duties in the Office of Communications Act. The reports that Ofcom publish under that duty will include their new duties under the Bill. Having made that clear, I trust that new clause 25 can be withdrawn.

    ONLINE SAFETY BILL (SIXTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  26. The idea that a report on Ofcom’s activities be delivered to Parliament so that it can be considered is an excellent one. In fact, it is such an excellent idea that it has been set out in statute since 2002: the Office of Communications Act 2002 already requires Ofcom to provide a report to the Secretary of State on the carrying out of all of its functions, which will include the new duties we are giving Ofcom under the Bill. The Secretary of State must then lay that report before each House of Parliament. That is a well-established procedure for Ofcom and for other regulatory bodies. It ensures the accountability of Ofcom to the Department and to Parliament. I was being slightly facetious there, because the hon. Member for Batley and Spen is quite right to raise the issue.

    ONLINE SAFETY BILL (SIXTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  27. Those duties will tackle the most serious and illegal forms of deepfake and will rightly cover certain threats that undermine our democracy. For example, a manipulated media image that contained incitement to violence, such as a deepfake of a politician telling people to attack poll workers because they are rigging an election, would obviously already fall foul of the Bill under the illegal duties. In terms of reporting and codes of practice, the Bill already requires Ofcom to produce codes of practice setting out the ways in which providers can take steps to reduce the harm arising from illegal and harmful content, which could include synthetic media content such as deepfakes where those contain illegal content.

    ONLINE SAFETY BILL (SEVENTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  28. It is widely acknowledged that the United Kingdom has an intellectual property framework that is genuinely world leading and considered among the best in the world. That includes strong protections for performers’ rights. We intend that to continue. However, we are not complacent and the law is kept under review, not least via the counter-infringement strategy I mentioned a moment ago. Harmful synthetic media content, including the deepfakes that the hon. Member for Pontypridd mentioned, is robustly addressed by the safety duties set out in the Bill in relation to illegal content—much deepfake content, if it involves creating an image of someone, would be illegal—as well as content that could be harmful to children and content that will be on the “legal but harmful” adult list.

    ONLINE SAFETY BILL (SEVENTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  29. It is a pleasure to serve under your chairmanship again, Ms Rees. I thank the shadow Minister, the hon. Member for Pontypridd, for raising the issues that she has done about synthetic and digitally manipulated content, which we are very conscious of. We are conscious of the risk of harm to those who work in the entertainment industry and of course, in particular, to victims of deepfake pornography. We take intellectual property infringement extremely seriously. The Government have recently published a counter-infringement strategy, setting out a range of steps that we intend to take to strengthen the whole system approach to tackling infringement of intellectual property rights.

    ONLINE SAFETY BILL (SEVENTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  30. The democratic content protection that the shadow Minister refers to, in clause 15, is not an exemption; it is a duty to take into account content of democratic importance. That is on line 34 of page 14. When making a decision, it has to be taken into account—it is not determinative; it is not as if a politician or somebody involved in an election gets a free pass to say whatever they like, even if it is illegal, and escapes the provisions of the Bill entirely. The platform simply has to take it into account. If it was a deepfake image that was saying such a thing, the balancing consideration in clause 15 would not even apply, because the protection applies to content of democratic importance, not to content being produced by a fake image of a politician.

    ONLINE SAFETY BILL (SEVENTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  31. We debated that extensively this morning when we talked about the strong powers that already exist under clause 85. The hon. Lady has raised important points about intellectual property, and I have pointed to our counter-infringement strategy. She raised important points about deepfakes both in a political context and in the context of especially intimate images being generated by AI. I hope I have set out how the Bill addresses concerns in those areas. The Bill as drafted addresses those important issues in a way that is certainly adequate.

    ONLINE SAFETY BILL (SEVENTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  32. That work would fall into the ambit of the Bill, either via clause 52, which points to illegal acts where there is an individual victim, or schedule 7, if a new internet image abuse were added to schedule 7 as a priority offence. There are a number of ways in which deepfakes could fall into the ambit of the Bill, including if they relate to extreme pornography. The new clause would require the production of a report, not a change to the substantive duties in the Bill. It is worth saying that the Bill already provides Ofcom with powers to produce and publish reports regarding online safety matters. Those powers are set out in clause 137. The Bill will ensure that Ofcom has access to the information required to prepare those reports, including information from providers about the harm caused by deepfakes and how companies tackle the issue.

    ONLINE SAFETY BILL (SEVENTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  33. The protections in clause 15—they are not exemptions—would only apply to content that is of bona fide, genuine democratic importance. Obviously, a deepfake of a politician would not count as genuine, democratic content, because it is fake. If it was a real politician, such as the hon. Lady, it would benefit from that consideration. If it was a fake, it would not, because it would not be genuine content of democratic importance. It is also worth saying that if—well, I hope when—our work with the Law Commission to review the criminal law related to the non-consensual taking and sharing of internet images is taken forward, that will then flow into the duties in the Bill. Deepfakes of internet images are rightly a concern of many people.

    ONLINE SAFETY BILL (SEVENTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  34. I hope that I have explained why I do not think new clause 27 quite works, but the point is understood.

    ONLINE SAFETY BILL (SEVENTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  35. Member for Aberdeen North said, I have hinted or more than hinted to the Committee previously that we have heard the point that has been made—it was made in the context of adults, but applies equally to children here—that there is a category of sites that might have small numbers of users but none the less pose a high risk of harm, not harm that is illegal, because the “illegal” provision applies to everybody already, but harm that falls below the threshold of illegality. On that area, we heard hon. Members’ comments on Second Reading. We have heard what members of the Committee have had to say on that topic as well. I hope that if I say that that is something that we are reflecting on very carefully, the hon. Member for Aberdeen North will understand that those comments have been loudly heard by the Government.

    ONLINE SAFETY BILL (SEVENTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  36. We expect that where a service poses a very high risk of harm to children, it is likely to meet the test, as children could be attracted to it—it might meet the “likely to attract” test. New clause 27 would introduce the possibility that even when there were no children on the service and no children were ever likely to use it, the duties would be engaged—these duties are obviously in relation to content that is not illegal; the illegal stuff is covered already elsewhere. There is a question about proportionality that we should bear in mind as we think about this. I will be resisting the new clause on that basis. However, as the hon.

    ONLINE SAFETY BILL (SEVENTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  37. The child user condition, which is in clause 31(3) on page 31 of the Bill, sets out that one of two tests must be met for the child user condition to be met. The condition is met if “there is a significant number of children who are users of the service…or…the service…is of a kind likely to attract a significant number of users who are children.” When we debated the issue previously, we clarified that the word “user” did not mean that they had to be a registered user; they could be somebody who just stumbles across it by accident or who goes to it intentionally, but without actually registering. We have built in a certain amount of flexibility through the word “likely”. That helps a little bit.

    ONLINE SAFETY BILL (SEVENTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  38. I thank the hon. Member for Aberdeen North for raising those considerations, because protecting children is clearly one of the most important things that the Bill will do. The first point that it is worth drawing to the Committee’s attention again is the fact that all companies, regardless of the number of child users they may have, including zero child users, have duties to address illegal content where it affects children. That includes child sexual exploitation and abuse content, and illegal suicide content. Those protections for the things that would concern us the most—those illegal things—apply to companies regardless of their size. It is important to keep that in mind as we consider those questions. It is also worth keeping in mind that we have designed the provisions in clause 31 to be a bit flexible.

    ONLINE SAFETY BILL (SEVENTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  39. If we refer to the children’s risk assessment duties in clause 10, and specifically clause 10(6)(e), we see that those risk assessments include an assessment looking at the content that children will encounter and—critically—who they might encounter online, including adults. To cut to the chase and explain why user empowerment has been applied to adults but not children, the view was taken that children are already protected a lot more than adults through the child risk assessment duties and child safety duties. Therefore, they do not need the user empowerment provisions because they are already—all of them, regardless of whether they choose to be verified or not—being protected from harmful content already by the much stronger provisions in the Bill relating to children. That is why it was crafted as it is.

    ONLINE SAFETY BILL (SEVENTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  40. Platforms can continue to display that information if their policies allow, so we felt it was right to give adults more choice over whose content they see, given that it could include content that is harmful but falls on the right side of the legal threshold. As Members would expect, the provisions of the Bill in relation to children are very difficult to the provisions for adults. There are already specific provisions in the Bill that relate to children, requiring all social media companies whose platforms are likely to be accessed by children—not just the big ones—to undertake comprehensive risk assessments and protect children from any kind of harmful activity.

    ONLINE SAFETY BILL (SEVENTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  41. I thank the hon. Member for Aberdeen North for her, as ever, thoughtful comments on the new clause. She has already referred to the user empowerment duties for adults set out in clause 57, and is right to say that those apply only to adults, as is made clear in the very first line of subsection (1) near the bottom of page 52. As always, the hon. Lady’s analysis of the Bill is correct: the aim of those empowerment duties is to give adults more control over the content they see and the people with whom they interact online. One of the reasons why those empowerment duties have been crafted specifically for adults is that, as we discussed in a freedom of expression context, the Bill does not ultimately censor free speech regarding content that is legal but potentially harmful.

    ONLINE SAFETY BILL (SEVENTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  42. Could I develop the point I was making earlier on how the Bill currently protects children? Clause 11, which is on page 10, is on safety duties for children—what the companies have to do to protect children. One thing that they may be required by Ofcom to do, as mentioned in subsection (4)(f), is create “functionalities allowing for control over content that is encountered, especially by children”. Therefore, there is a facility to require the platforms to create the kind of functionalities that relate actually, as that subsection is drafted, to not just identity but the kind of content being displayed. Does that go some way towards addressing the hon. Lady’s concern?

    ONLINE SAFETY BILL (SEVENTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  43. I hope that the words of the Bill, combined with that statutory public sector equality duty, make it clear that the objectives of new clause 29 are met.

    ONLINE SAFETY BILL (SEVENTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  44. Member for Aberdeen North, I am happy to put on record that Ofcom, as a public body, is subject to the public sector equality duty, so by law it must take into account the ways in which people with certain characteristics, such as learning disabilities, may be impacted when performing its duties, including writing the codes of practice for user empowerment, redress and complaints duties. I can confirm, as the hon. Member requested, that Ofcom, when drafting its codes of practice, will have to take accessibility into account. It is not just a question of my confirming that to the Committee; it is a statutory duty under the Equality Act 2010 and the public sector equality duty that flows from it.

    ONLINE SAFETY BILL (SEVENTEENTH SITTING) · 2022-06-28 · READ IN HANSARD

  45. Clause 17(6)(d) further makes it clear that adults who are “providing assistance” to another adult are able to raise content reporting issues. There are references in the Bill to being easy to report and to one adult assisting another. Furthermore, clause 18(2)(c), on page 18, states that the complaints system has to be “easy to use (including by children)”. It also makes it clear through the definition of “affected person”, which we have spoken about, that an adult assisting another adult is allowed to make a complaint on behalf of the second adult. Those things have been built into the structure of the Bill. Furthermore, to answer the question from the hon.

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  46. I thank the hon. Member for Aberdeen North once again for the thoughtfulness with which she has moved her new clause. To speak first to the existing references to accessibility in the Bill, let me start with user empowerment in clause 14. Clause 14(4) makes it clear that the features included in “a service in compliance” with the duty in this clause must be made available to all adult users. I stress “all” because, by definition, that includes people with learning disabilities or others with characteristics that mean they may require assistance. When it comes to content reporting duties, clause 17(2)—line 6 of page 17—states that it has to be easy for any “affected persons” to report the content. They may be people who are disabled or have a learning difficulty or anything else.

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  47. I am very happy to accept the shadow Minister’s clarification. The way that clauses 14, 17 and 18 are drafted, and the public sector equality duty, include the groups of people she referred to, but I am happy to acknowledge and accept her clarification.

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  48. I am grateful for the opportunity to discuss this issue once again. I want to put on the record my thanks to the Joint Committee, which the hon. Member for Ochil and South Perthshire sat on, for doing such fantastic work in scrutinising the draft legislation. As a result of its work, no fewer than 66 changes were made to the Bill, so it was very effective. I want to make one or two observations about scrutinising the legislation following the passage of the Bill. First, there is the standard review mechanism in clause 149, on pages 125 and 126, which provides for a statutory review not before two years and not after five years of the Bill receiving Royal Assent.

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  49. It looks into material that would ordinarily be classified as secret, and it has access to the intelligence services. It is a rather unusual Committee that has to be granted special powers because it looks into intelligence and security matters. Clearly, those considerations do not apply here. Were a particular Committee to be established, the right way of doing that would not be in statute, as the new clause proposes, but via the Standing Orders of the House, if that is something that Parliament wants to do.

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  50. I am not in a position to give a definitive Government response to that because the matter is still under consideration, but if we were to establish a special Committee to look at a single piece of legislation, there are two ways to do it. It could either be done in statute, as the new clause seeks, or it could be done by Standing Orders. Generally speaking, it is the practice of the House to establish Committees by Standing Orders of the House rather than by statute. In fact, I think the only current Committee of the House established by statute—Ms Rees, you will correct me if I am wrong, as you are more of an expert on these matters than me—is the Intelligence and Security Committee, which was established by the Intelligence Services Act 1994. That is obviously very unusual, because it has special powers.

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