Online Safety Bill [HL]

Debate between Earl of Erroll and Lord Morrow

Friday 11th December 2015 Lords Chamber

[Lord Morrow (DUP)]

My Lords, I am very pleased to speak in support of the amendment proposed by the noble Baroness, Lady Benjamin, which makes explicit the fact that decisions about filtering are not just made at the set-up stage. I recall that during Second Reading the noble Baroness, Lady Howe, sought to highlight the fact that, in the context of the current voluntary filtering agreement between the big four ISPs, there is nothing to stop a child lifting adult content filters after they have been put in place. This seems to be a serious design flaw with the voluntary agreement, and one that I am glad this Bill seeks to rectify.

I note that when the Minister was pressed on this point during Second Reading she said that,

“three-quarters of parents in the UK are confident that children are unable to bypass these tools. But to mitigate any further risk, as has been said today, ISPs email the main account holder when filter settings are set or changed”.—[Official Report, 17/7/2015; col. 860.]

I think that possibly the Minister misread the point. The lack of age verification in the event that after parents select filters at the set-up, their children subsequently—and unknown to them—turn the filters off, is not about bypassing filters.

The point is not that some very technologically able young people who can work out how to bypass filters should be subject to age verification. I am not sure how one would apply age verification to such clandestine activity. The concern relates instead to a larger group of children, with no great technological expertise, being able to switch off the filters in the same way as an adult who has no special technical expertise can do so, because the ISP has provided the user with the facility to maintain or lift filters. This is the process that should be age-verified. The idea that this concern has been sufficiently addressed by the provision of an email sent to the account holder after the filter settings have been changed, informing them of that fact, is deeply concerning.

Age verification should happen before an age-restricted activity is permitted. The idea that it is acceptable to do this after the fact, and by the most flimsy of arrangements, is quite extraordinary, to say the least. As the noble Baroness, Lady Benjamin, has said, even if you live in your inbox and open all your emails as they come in, it will still take you some time to address the problem if you are at work, which leaves the children exposed to harmful content, possibly for some hours. Most of us, however, take a while to get round to opening our emails—half a day, three days or a week. As the ComRes polling eloquently testifies, some people may never open it, leaving children exposed to adult content, unknown to their parents, who will assume the filters are still on indefinitely. I very much hope that when the Minister responds to this amendment, she will at least commit to review the provisions in place to help prevent children lifting adult content filters, after they have been introduced at the set-up, without prior age verification.

[The Earl of Erroll (CB)]

This amendment is quite logical, if the provisions are going to work. It is obvious that, if people can switch off filters, the whole thing is bypassed. I want to speak on the next amendment, about age checking, but this is a logical amendment to have if you want to get this Bill to work. As I said at Second Reading, filters are not quite good enough, because you can block only at the point when you access the page. Filters are quite crude—that is the problem; they tend to block entire websites, or they overblock and then people lift them. So there are a lot of problems around the amendment but it is hugely well intentioned, and I do not have a problem with people using filters. It is a good starter lock and will block a lot of simple things, but we need to go slightly further to block those who are technically savvy from getting round them—or those who persuade their parents that, because they could not get to a particular page on a website, they should override the filter for that website and unblock the whole thing. The convenience of the parent will probably win. How you get this to work is always the problem but that is not to say that we should not try.