It is a pleasure to follow the right hon. Member for Basingstoke (Mrs Miller), and a number of contributions this evening chime with my view. My hon. Friend the Member for Upper Bann (Carla Lockhart) outlined our party’s broad support for the Bill; however, she and the hon. Members for Windsor (Adam Afriyie) and for Bristol North West (Darren Jones) all raised concerns that can be ironed out and worked upon as the Bill progresses, but that are worthy of reflection, from a principle perspective, at this stage. My hon. Friend rightly said that we should not ban online that which is legal offline. That issue is causing consternation and concern, and it needs to be reflected on and thought through.
There was a chink of light in the exchange between the Minister and the Chair of the Joint Committee, the hon. Member for Folkestone and Hythe (Damian Collins), who said that we want to, and should, be talking about regulating in the online domain those things that are offences offline. That is what we should be doing, not engaging in discussions about ill-defined or non-defined “legal but harmful” content. We do not know what that is. In this Bill, we are conferring significant power on the Secretary of State, not to decide that, but to bring that proposal forward through a mechanism that does not afford the greatest level of parliamentary scrutiny, as we know. This debate has been curtailed to two and a half hours, and a debate on a statutory instrument on what is legal but harmful will be 90 minutes long, and there will be no ability to amend that instrument.
There has been discussion about journalists. It is right that there should be protections for them, for democratic content and for politicians. However, article 10 of the Human Rights Act does not distinguish between the average Joe and somebody who is providing academic or journalistic content, so should we? Is that the right step? It is right that we provide protection for those individuals, but what about anyone else who wishes to enjoy freedom of expression in the online domain? It has been said that there is a right of appeal, and yes, there is—to an offshored company that marks its own homework and is satisfied with the action it has taken. But it will have removed the journalist or individual’s content, and they will have suffered the consequence, with no recourse. They cannot take a judicial review against such a company, and an individual will not be able to go to Ofcom either; it will not be interested unless a super entity or a super-class complaint is involved. There is no recourse here. Those are the sorts of issues we will have to grapple with. There are fines for the companies here, but what about recourse for the individual?
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