Online Safety Bill [HL]

Debate between Baroness Healy of Primrose Hill and Lord Morrow

Friday 11th December 2015 Lords Chamber

[Lord Morrow]

My Lords, this is a probing amendment which makes explicit two of the matters that the Ofcom report required by Clause 2(6) should cover: an assessment of the filtering of adult content required by Part 1 and the age verification policies referred to throughout the Bill.

One of the great strengths of Clause 1 is that it covers filtering of adult content by all internet service providers and mobile phone operators. Ofcom’s reporting duty should therefore relate to the conduct of all providers. It was very noticeable that in its recent review of filtering by ISPs, Ofcom considered only the big four ISPs that are subject to the voluntary filtering agreement negotiated with the Government. I do not believe that this filtering arrangement is sustainable in the long term unless we are prepared to countenance affording better rights to children fortunate enough to live in households provided for by the big four ISPs than to those living in households serviced by other providers. According to Ofcom’s published facts and figures, the market share of the big four ISPs in 2015 was 88%. That is the same percentage as in 2014 with a slightly different distribution between the ISPs: BT had 32%, Virgin Media had 20%, TalkTalk had 14% and Sky had 22%. That leaves 12% of the market, and therein hundreds of thousands of children, beyond the reach of the agreement.

I am of course aware that, although not party to the agreement between the big four providers, a number of the smaller operators provide good filtering options. A survey late last year discovered that of the 14 smaller ISPs that service homes, four were found to be offering something nearly comparable to the big four but 10 were not. Of those 10, two made it clear that they did provide filtering but it had to be applied by the customer separately; it was not an unavoidable choice during the set-up stage. Seven ISPs could not provide any information about filtering. One expressly said that it did not provide filtering. While the conduct of the four smaller ISPs is encouraging, the provision of filtering options by the smaller providers as a whole is concerning, and serves to underline the need for a common statutory approach.

I note that during the Second Reading debate on the Bill, the Minister, when challenged on this matter, responded in the following terms:

“It is important to note that these providers state at installation and on their marketing materials that they do not have child safety credentials”.—[Official Report, 17/7/15; col. 860.]

The implication of this approach would seem to be that so long as the company makes these statements, it will be okay. This seems rather extraordinary, raising the question: if this approach is sufficient, why can the other providers not do the same? It also jars with the survey that I mentioned earlier where only one of the 10 smaller ISPs clearly stated that it did not provide filtering. I am struggling to believe that this really represents the Minister’s position.

So long as some ISPs offer less protection than that provided through the agreement between the big four providers, and so long as we agree that all children are of equal value regardless of which provider services the homes in which they live, the only solution certainly seems the even-handed one proposed by the Bill, which requires the same minimum filtering from all providers, the conduct of which, subject to my amendment, should be reflected in the Ofcom report.

The case for making the changes proposed in Part 1 of the Bill and my amendment has of course been greatly strengthened since Second Reading as a result of the Prime Minister’s decision to introduce filtering legislation, which he announced in another place on 28 October. In responding to a question about whether the EU net neutrality vote would jeopardise our approach to filtering, the Prime Minister said:

“Like my hon. Friend, I think that it is vital that we enable parents to have that protection for their children from this material on the internet. Probably like her, I spluttered over my cornflakes when I read the Daily Mail this morning, because we have worked so hard to put in place those filters. I can reassure her on this matter, because we secured an opt-out yesterday so that we can keep our family-friendly filters to protect children. I can tell the House that we will legislate to put our agreement with internet companies on this issue into the law of the land so that our children will be protected”.—[Official Report, Commons, 28/10/15; col. 344.]

The words that struck me particularly in that passage were,

“I can tell the House that we will legislate”.

While I do not agree with the EU vote, the fact that it means that Britain will now legislate in this area is very welcome, both because it endorses the statutory approach advanced by this Bill and because it provides an opportunity for addressing the failure of the current approach to cover 12% of the market.

I understand that the Government must have legislation on the statute book by the time the new European provisions come into effect—on, I think, 30 April 2016—so they are very fortunate to have this excellent Private Member’s Bill already in Committee. I hope that the Minister can assure me that the Government will give serious consideration to adopting this Bill to protect ISPs from litigation. If the Government insist on bringing forward their own Bill, I impress upon them the need to require filtering, on the basis mandated by the Bill, for all ISPs that service households with children, not just some. This should also be reflected in Ofcom’s reporting obligation.

I should say in passing that if the Government are going to bring forward their own legislation that will have to be implemented by April next year, they should do so very quickly. There can be no excuse for rushing this through at the last minute when we have known this since the end of June this year. I beg to move.

[Baroness Healy of Primrose Hill]

My Lords, I support the amendment from the noble Lord, Lord Morrow. Ofcom should have to report on the compliance of all ISPs, not just the big four, and all ISPs should be subject to the same filtering obligations where they service households with children, as the noble Lord has said. The Government need to ensure that all providers that service households with children have adequate filters. If the Government now need to make legal provision for filtering, in order to protect the big four from litigation on the basis of EU net neutrality legislation, surely the best way forward is to use this excellent Bill.