I will curtail my comments to the utmost brevity.
I strongly welcome the regulations, but I have a number of reservations and questions for Ministers. I share the concerns that have been expressed that social media needs to be included in the remit. That is not the case currently despite the fact that 500,000 pornographic
images are posted daily on such platforms. I hope the Minister reassures the House that she will consider that position on social media through the internet safety White Paper.
Secondly, I share the concerns of the JCSI about the Government’s approach to proportionality and the “one third” approach, which might lead to websites deliberately including additional material with the prime intention of falling outside the scope of the regulations. Will Ministers monitor that carefully and consider reviewing the “one third” principle if the concerns expressed by the Joint Committee materialise?
I want to express concerns about the impact of amendments made in another place to part 3 of the Digital Economy Act 2017, some of which were mentioned by the right hon. Member for Birmingham, Hodge Hill (Liam Byrne). When the Bill left the Commons, it gave the regulator power to block non-photographic child sex abuse images. As we have heard, those images can include incredibly life-like, animated computer-generated images. Disturbingly, the other place voted to accommodate adult access to such material so long as it is placed behind age-verification checks, but the message that sends is alarming.
As we heard, some suggest that this material could be dealt with by the Internet Watch Foundation, but it can only take action against such material if shown by websites based in the UK. As I have said before in this place, the majority of such material viewed in the UK comes from sites based in other jurisdictions. In 2017, 3,471 reports of alleged non-photographic images of child sexual abuse were made to the IWF, but none was hosted in the UK and it was unable to act. The Digital Economy Bill, as it left this House, empowered the regulator to take the only credible enforcement action that can be taken against such sites when they are based in other jurisdictions: the regulator had the power to block them. That power has now been taken away, unless a site has no age-verification checks. I hope Ministers will look at that again.
I turn now, with no degree of relish, to the other area of concern, violent pornography, which was reconsidered by the other place. When the Bill left this place, it gave the regulator the power to block violent pornography that is illegal to supply to anyone of any age under the Video Recordings Act 1984. However, amendments introduced in the other place accommodate all but a tiny subset of violent pornography, so long as it is behind age-verification checks. The only illegal content that the regulator can take action against when behind age-verification checks is “extreme pornography” which has to be likely to result in severe injury to certain named body parts. That sends out completely the wrong message about the acceptability of sexual violence against women—it is unacceptable, full stop. I welcome the Women and Equalities Committee’s recent report on sexual harassment, which highlighted that point.
In conclusion, I support the suggestion that the Government have a quick way to address the two failings to which I have just referred: looking at Baroness Howe’s Digital Economy Act 2017 (Amendment) (Definition of Extreme Pornography) Bill and giving it time for consideration in this place.
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