To ask His Majesty’s Government what steps they are taking to protect children in private messaging spaces from the prevalence of computer-generated child sexual abuse material.
Under the Online Safety Act, all regulated services must implement proportionate safety measures across all spaces. Platform design cannot be used as an excuse to avoid detection and reporting obligations. The Crime and Policing Bill will further strengthen protections for children against computer-generated abuse by criminalising AI child sexual abuse material, banning nudify tools, outlawing AI paedophile manuals and introducing an AI model testing defence to prevent abuse at source.
Does the Minister agree that much of the responsibility for making Section 121 of the Online Safety Act effective lies with Ofcom? Will he confirm that the Government expect Ofcom to be bold and robust in its application of the new law to online spaces in private messaging contexts, and to use its new powers quickly so that we in Parliament can recognise that we have passed an effective law to protect children from vile online abuse?
The simple answer to the noble Lord is yes. The Government expect Ofcom to exercise its powers under Section 121 of the Online Safety Act where needed. A consultation ran to March 2025. We expect advice to the Home Secretary by April this year, and we will act when that advice comes forward.
My Lords, given the recent experience with AI platforms such as Grok generating unacceptable non-consensual sexual images and the warnings from the Internet Watch Foundation, I welcome recent comments from the Secretary of State for DSIT about Grok. However, what discussions are senior Ministers having with technology companies directly to ensure that they understand their duties under the Online Safety Act and will comply?
The noble Lord should know that my view is that Grok is creating degrading non-consensual images, that that is an absolute disgrace and that Grok should take action on it. It is simply not acceptable. Ofcom has powers to tackle this. I will give a similar answer to the noble Lord that I gave to the question from the noble Lord, Lord Carlile: there is a consultation on this. Ultimately, though, it is not acceptable. Ofcom will act, and if it does not the Government will.
My Lords, work is under way with the national centre for violence against women and girls to improve the police’s response to non-consensual intimate image abuse so that they can proactively report such content for removal and hashing. Does the Minister think the Government should mandate this system to ensure that it becomes more effective across the country?
It is vital that the police and other security forces and agencies take action on this issue as a matter of urgency. The point that the noble Viscount has made is valid and correct. From my perspective, we have to send a signal from Parliament and from the Government that this type of misuse of those apps is simply not acceptable.
My Lords, upload prevention technology is already being used by platforms in private messaging environments to detect harmful content such as malware, and, as we have just heard, experts such as the Internet Watch Foundation have confirmed that the same approach is feasible for detecting known child sexual abuse material, yet platforms continue to falsely claim that such scanning is impossible. What steps will the Government take specifically to ensure that Ofcom is testing and challenging these claims so that such arguments cannot be used to evade compliance?
The legislation is clear that this type of material is illegal and punishable by offences under the law. Ofcom is now drawing up resources and an examination of priorities to be able to report back to the Home Secretary by April on how we can enforce that legislation. There are extreme penalties for providers that break that, and they need to be aware now and to prepare. It is illegal, it will be punished and Ofcom will draw up advice to the Government shortly.
Can Ofcom work to do this now or does it have to wait for the end of the consultation?
The consultation has been completed and Ofcom is now drawing up a response to give to Ministers. We have set a date of April 2026 for that information and we expect to act extremely speedily once we have had the report back from Ofcom. With due respect, it is fair to have a consultation and look at its results but, across the House and across government, it is quite clear that this type of activity is simply unacceptable and we will not stand for it.
My Lords, a number of noble Lords have raised concerns about Grok and those unacceptable images. The Minister says that it is a duty of Ofcom. Is he aware whether Ofcom has actually raised the issue of these images with Grok directly yet?
The position is that Ofcom is the regulator for this area and that all child sexual abuse images et cetera are currently illegal. The question is about the use of powers to take them down and hold tech companies to account. That is what the consultation will be completed on and by April 2026 we will have, as a Government, the full response from Ofcom. We will act on that response when we receive it.
My Lords, what possible confidence can we have in Ofcom to take action effectively, given its lamentable failure to stand up for customers against the mobile phone companies?
Ofcom has the confidence of the legislation that both Houses of Parliament passed, was commenced under the previous Government and is to be implemented in full by this Government. It has cross-party support to take action to ensure that illegal content online is taken down and if companies do not do so, there is a mechanism to ensure that significant fines are potentially levied on those companies that do not take action.
My Lords, the Minister is again experiencing what happened during the stages of the Crime and Policing Bill when we discussed this subject, because of the strength of feeling right across the House about this. What really shocked me in the briefing for this Question is the fact that while we know child sexual abuse material is increasing exponentially, largely through AI, 91% of that material is actually being produced by children themselves, astonishingly. Can I appeal to the Minister to work closely with his colleague, the noble Baroness, Lady Smith, on Report on the Children’s Wellbeing and Schools Bill, and to think about what we can do to try to face up to this unfortunate fact and do something about it?
The noble Lord makes a very valid point and obviously I will discuss these matters with my noble friend Lady Smith. That goes to the heart of education and confidence-building, particularly for young boys, to ensure that they do not stray into the type of activity that leads to adult misbehaviour as well. It is really important that we focus on that. I will take the noble Lord’s point and discuss it with my noble friend.
My Lords, I welcome the Minister’s strength in his answers. He says that if Ofcom does not act to hold X to account for Grok’s illegal activities, the Government will. Can he expand on how the Government will act, if they need to?
Both parties’ Governments —the previous Government and this Government—have passed legislation in the Online Safety Act to make it illegal to provide child sexual abuse material online. In the Crime and Policing Bill, which is before this House, there are four or five additional measures to strengthen that purpose and ensure that we remove child sexual abuse material online. There are significant penalty points in the current legislation. The purpose of the consultation is simply to ensure that it has been discussed. There are views on how we implement it but when we receive that report in April, the Government will take action on what is already strong legislation.
Can the Minister tell us how many prosecutions, or fines, there have been so far?
I cannot give the noble Lord specific detail on that. I come back to the point that there has been a consultation on the use of the powers under the Online Safety Act. That consultation has been completed; Ofcom will now reporting to government before April this year. That is when the provisions in the Online Safety Act, which had cross-party support, will be implemented.
My Lords, following the earlier questions, if the regulator fails to do its duty, as it has done in the past, will the Government remove the regulator and find someone who will?
I hope it is helpful to say to my noble friend that it is important that we have a strong cross-party approach that supports Ofcom, looks at the results of its consultation and draws up a plan to implement closure of illegal content under our current legislation. With, I hope, cross-party support for the Crime and Policing Bill’s measures coming up shortly—and for the measures we will introduce on Report, for example, on nudifying apps—we can be proud of the fact that this country will be one of the leaders in tackling child sexual abuse online. I hope that my noble friend will give that strong support. Let us hope and pray that we can deliver this as a Government, with support from organisations such as Ofcom.