Digital Markets, Competition and Consumers Bill

Debate between Baroness Bennett of Manor Castle and Baroness Uddin

2nd reading
Tuesday 5th December 2023 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, in that spirit of consensus, I declare my former position as editor of the Guardian Weekly. Noble Lords will find an unusual degree of confluence between what you might describe as the two ends of the media spectrum, in that I very much agree with the noble Lord, Lord Black, on the issues of artificial intelligence use and the digital giants’ use of material coming from mainstream and private publishers without declaring or making fair payment for that.

There are so many Bills coming through alongside this one that I am not sure where this next issue belongs, but much of what is described as generative artificial intelligence is actually plagiarism on a giant scale. I declare a meeting last week with UK Music, which is very much pushing for the idea that the source material of anything that is generated through these kinds of technologies needs to be declared, as well as the way in which it has been generated. These are issues that need to be raised.

A number of noble Lords declaring their creative endeavours made me think that I should declare that I have a book forthcoming in April, Change Everything: How We Can Rethink, Repair and Rebuild Society, published by Unbound.

[Baroness Uddin (Non-Afl)]

Hear, hear!

[Baroness Bennett of Manor Castle (GP)]

Thank you. I have an interest in seeing that that is not open to being rehashed, reused or recycled without my consent, yet as far as I am aware we have no capacity to do that. That is something we need to think about in this Bill and more broadly.

It is a pleasure to take part in a debate in which we are seeing an unusual degree of consensus. Noble Lords have had plenty of time to prepare for the passage of the Bill through your Lordships’ House. It is widely acknowledged to be necessary and it is broadly headed in the right direction, so the department needs to be warned that that will probably produce a strong desire to improve it in Committee and on Report. I am reminded of the most recent similar Bill that I can think of, which is what is now the Domestic Abuse Act, which left this House a lot stronger than it arrived after a lot of consensual and constructive cross-party contributions.

As many have said, the Front-Bench contributions have been very informative. I will pick up one point from the Minister: I do not share the enthusiasm for unicorns. Unicorns have often turned out really to be phoenixes that crash and burn but then are not capable of rebirth, at great cost in human and financial suffering. As many noble Lords have said, we have an ecology that has seen many exciting, new and creative independent businesses swallowed up—minnows swallowed up by sharks—and we need to think about how we can create a different kind of ecosystem. It is worth focusing on the fact that the digital world was born into an oligarchic system, where a big four—or perhaps a big five or six —dominate all sectors of our economy, so it is perhaps not surprising that we have arrived at a system with very little diversity in it and a few large players.

My aim is not to repeat what has already been said, so I am going to tick off some points that have been well covered. On the issue of subscriptions to charities, mentioned by the noble and learned Lord, Lord Etherton, among many others, I would note that one of my favourite charities, English Heritage, is among those that were very concerned about this issue. It is clearly something that your Lordships’ House will need to address.

Picking up from the points made by the noble Lord, Lord Black, on the issue of small, independent news providers I think that many noble Lords will have received a briefing from the Public Interest News Foundation—some have referred to it. We desperately need local news, supporting local democracy and local communities, and these are areas where we desperately need action.

I associate myself also with the speech of the noble Baroness, Lady Hayman, not currently in her place. Right to repair is something that I have long been working on and I look forward to seeing what we can do in that area, so I will not repeat any of that.

We could hear the passion of personal experiences in how many noble Lords focused on the difficulty of ending subscriptions. My suggestion to the noble Lord, Lord Vaizey, is that if you do not know the CEO, you need a strong social media following. A grumble on social media is often very effective. I would like to think that, if we did that enough, it might have some impact on encouraging companies to do a better job of allowing people to escape from subscriptions that they no longer wish to have.

However, I shall focus the main part of my speech on an area that I believe no noble Lord has yet covered, by looking at the issue of advertising. We are all of us, both online and through screens in train stations, on roads and in many other places, exposed to thousands of digital advertisements more or less daily. It is really crucial that, to protect consumers from misinformation and harm, advertising needs to be properly and thoroughly regulated. However, we currently have a system that is slow and opaque and is definitively failing. The UK’s Advertising Standards Authority is not an independent regulator; it is self-funded by the advertising industry. Any complaints which the ASA handles are essentially therefore marking its own homework, so we need to look at this regulatory gap as a matter of urgency. We should have a regulator that is independent and transparent and one that can take timely action.

I will focus on the role of the companies that are advertising products in terms of producing waste, pollution and environmental harms, and ignoring human rights. Recent research published by the Financial Times shows that Shell, one of the world’s top polluters, is estimated to have spent £220 million on advertising in 2023, much of that explicitly aimed at younger people. I have to share a case study of one of my favourite examples of this because its sheer uselessness and inaccuracy has to be noted. A couple of years back, going through the Eurostar terminal, I peered around a corner into an entirely unused area of the terminal where there was an advert from Exxon about plans for green energy from algae—something that Exxon has subsequently got out of entirely. At the time, the company was defending itself about this and its spokesperson said that the company had spent more than $350 million trying to develop biofuels from algae, which was more than double what it spent on advertising—greenwashing, anybody?

It is worth noting that, if noble Lords go back to when the Government first announced the Bill, we were promised protection from greenwashing. That was going to be a central part of the Bill, but in the Minister’s introduction we heard no similar focus on the protection from greenwashing that we are looking for. I would suggest that we can go further than protection for actively misleading issues, and I will look to table amendments on this.

In this climate emergency, as we speak in the middle of the COP 28 talks, we need to acknowledge that advertising is a push factor for the generation of a massive amount of unnecessary carbon emissions. The Green Party is calling for a ban on high-carbon advertising—fossil fuels, flights and SUVs are major examples, but it might also include fast fashion, meat and dairy and the banks that are funding the likes of BP and Shell. I can feel your Lordships wincing at this point, but I would point out that there is no right to advertise. We have a choice to decide what our society looks like and what people are bombarded with. We do not have to say, “It’s open slather and you can do whatever you like”. An obvious area for this is cigarette advertising, on which we have long had tight controls, but I also note that Transport for London now restricts advertising on a range of products including junk food and is close to banning gambling promotion. France and Amsterdam are also looking at working on banning high-carbon adverts. We can choose what the future looks like.

There is so much to do, but I finish on the point of how so many of the Bills that your Lordships’ House is dealing with are interrelated. I do not think anyone has yet referred to the fact that we are speaking in the “fraud capital of the world”—I am quoting UK Finance here—and we really need to cross-reference this with what is happening in financial advertising. It is a huge problem that consumers need so much protection from.