Age Verification

Debate between Lord Ashton of Hyde and Earl of Erroll

Thursday 20th June 2019 Lords Chamber

[Lord Ashton of Hyde]

Yes, we will take action as soon as possible. As I explained, after the three or four months with the EU in draft are up, we will immediately proceed with laying it before Parliament. The delay is then the 40 days that it has to lie. As soon as it gets through both Houses of Parliament, it will be in force. We certainly intend to go through with it as soon as possible. The noble Baroness might like to check Hansard. She said that it was an “unavoidable mistake”; I have to confess it was an avoidable mistake. We should have avoided it and should avoid it in future. I also confirm that this was a mistake and the delay is in no way related to privacy concerns. That does not mean we are not taking privacy seriously. The additional voluntary certification scheme is important. We take privacy seriously, but that was not the reason for the delay.

[The Earl of Erroll (CB)]

I also regret this and am very sad about it. We have already been waiting for two years. Talk about dragging feet on this; I cannot believe it takes so long. I do not understand what the problem is with the guidance on age-verification arrangements. I have read it again and it does not contain anything technical. It lays out some fairly obvious things in plain English; it talks about various aspects of this and ends up saying that the Government would like to set up a voluntary certification scheme. That is about it; there is no technical stuff in there at all, so I am not sure why this is being used as an excuse to delay further. Could it possibly be because the BBFC has just launched a certification scheme that is really only about data protection? That is not its job; it is deliberately excluded from the Digital Economy Act. Data protection is the job of the Information Commissioner’s Office, which can levy huge fines. The BBFC is meant to be worrying about age verification and the protection of children online. Why is its certification scheme not about that? Its scheme is very heavyweight on the GDPR—or DPA 2018—stuff. Does it, therefore, think it needs more time? Was this just an excuse to delay it a little further?

If the Government are to issue new guidance in the autumn, I hope they will look at the British Standard. I also hope they will talk to the age-verification providers. They know how to do this, and how to do it anonymously. This is why, looking at the guidance, the BBFC says that the websites should not do it themselves. People bounce off, get verified elsewhere and get an anonymous, encrypted token back to prove they have done it. There is no problem or technical glitch with this. The Home Office may need to start talking to people who know how to do it; this really worries me.

The certification scheme is a good idea, so the websites know that the age-verification providers are all covered correctly. You need the GDPR stuff in there, but can it please be primarily about age verification and not be ridiculously expensive? At the moment, we are looking at £20,000 a pop for the scheme that the BBFC is proposing. A proper scheme, using the BEIS guidance, through the UK Accreditation Service, would have done a proper accreditation for certification providers for a quarter of the price or less. The Government have wasted a lot of money setting this scheme up and a lot of other people will waste a lot of money trying to get certification. As it is not really for age verification, it gives no guarantees of safety. Why are the Government doing it this way? As the whole thing is voluntary anyway, and certification not compulsory, why are they still delaying. Why does the BBFC not just start enforcing on 15 July? People are not going to put in age verification. Why disadvantage yourself, at extra cost, when you have no reason to do so? The websites will not do it until the last minute. In the meantime, the age-verification providers, which are all ready to go, are suffering economically very badly as a result of this delay.

[Lord Ashton of Hyde]

First, this is not an excuse for delaying. The legal advice that the BBFC has received, confirmed by the legal advice that my department has received, is that the guidance needs to be notified to the EU under the technical standards and regulations directive. The other two measures do not, so we are laying only the ones that we need to. I cannot give the noble Earl chapter and verse about the legal reasons today, but I can assure him there was no doubt about it. It was not even 50:50; it was absolutely correct. If there was any other way that we could have done it, without delaying it for this long, we would have done so.

We do not believe that money has been wasted in preparing this: we think that age verification is what Parliament asked for and what the majority of Members of both Houses want. That is the way it has been set up. Although it is technically quite difficult, it is not incompatible with the regulation of the ICO. The ICO, as the noble Earl rightly said, is responsible for data privacy and personal data breaches. The age-verification system is set up to comply with the GDPR and the Data Protection Act. The additional voluntary certification scheme—which is voluntary—is a further reassurance to users that even higher standards than the minimum standards of the GDPR apply. So I think it is correct that we continue with it.

As for why we are having to delay this measure, if we bring in age verification now, it will be unenforceable in UK law, because it will have been incorrectly proceeded with against EU law and against the technical standards and regulation directive. Unfortunately, we have concluded that there is no choice but to delay it.

Ofcom: RT News Channel

Debate between Lord Ashton of Hyde and Earl of Erroll

Monday 28th January 2019 Lords Chamber

[Lord Ashton of Hyde]

I completely agree with the noble Lord. That is why I said in my initial Answer that it is right for Ofcom to make decisions without government interference.

[The Earl of Erroll (CB)]

My Lords, the Minister is right that Ofcom is not responsible to the Government. but am I right in saying that it is responsible to Parliament?

[Lord Ashton of Hyde]

I am not sure; I do not know whether it is responsible in a statutory sense but of course ultimately Parliament can decide what it wants. The main point is that, in a democratic society such as ours, the regulator of the news and of broadcasters should not be linked to government, especially the Executive. That is the situation we have now and I believe that it is working well.

Online Pornography (Commercial Basis) Regulations 2018

Debate between Lord Ashton of Hyde and Earl of Erroll

Tuesday 11th December 2018 Lords Chamber

[Lord Ashton of Hyde]

I had not forgotten that. It would obviously be difficult for me to commit to finding the necessary time but I will take that back to the department. I am not sure that it is currently within the plans of the Chief Whip to bring forward that legislation but I will ask. I understand the point that is being made but, as I said, the issue may well be covered within the review. I am afraid I cannot go any further than that tonight.

As for ancillary service providers, the BBFC and the DDCMS have been engaging with several companies. They have already agreed to act, as doing so is in line with their current terms of service. Therefore, we are optimistic that the voluntary approach will work, and of course that will be reviewed.

The right reverend Prelate, the noble Earl, Lord Erroll, and others talked about the rationale for choosing one-third of content as the appropriate threshold. During the passage of the Bill, it was established that the focus should be on commercial pornography sites and not on social media. There were good reasons for that but I do not want to revisit them—that is what was decided. The one-third threshold was regarded as proportionate in introducing this new policy where sites make pornography available free of charge. However, websites that market themselves as pornographic will also be required to have age verification, even if less than a third of the content is pornographic.

A third is an arbitrary amount. It was discussed and consulted on, and we think that it is a good place to start on a proportionate basis. We will keep this matter under review and, as I said, it will be one of the obvious things to be taken into account during the 12 to 18-month review. The noble Lord, Lord Morrow, asked how it will be measured. It will be measured by assessing the number of pieces of content rather than the length of individual videos. It will include all pornographic images, videos and individual bits of content, but the point to remember is that the threshold is there so that a decision can be made on whether it is reasonable for the regulator to assume that pornographic content makes up more than one-third of the entire content. This will be done by sampling the various sites.

The noble Earl, Lord Erroll, asked about ISP blocking and suggested that everyone would try to game the system to get out of meeting the requirements. That is not what we believe. The BBFC has already engaged with ISPs and we are confident that this will be an effective sanction. The wording in the guidance indicates that the regulator should take a “proportionate approach”. However, we are grateful for the noble Earl’s help. I am sure that he will also help during the review and later in the process when it comes to online harms. I see that he wants to help now.

[The Earl of Erroll]

It is not the ISPs that I am worried about; it is the websites that will game the system on notification, appeals and so on. That is the bit that will take a long time.

Pornographic Websites: Age Verification

Debate between Lord Ashton of Hyde and Earl of Erroll

Monday 5th November 2018 Lords Chamber

[Lord Ashton of Hyde]

The noble Lord is of course right that age verification itself is not the only answer. It does not cover every possibility of getting on to a pornography site. However, it is the first attempt of its kind in the world, which is why not only we but many other countries are looking at it. I agree that sex education in schools is very important and I believe it is being brought into the national curriculum already.

[The Earl of Erroll (CB)]

Why is there so much wriggle room in section 6 of the guidance from the DCMS to the AV regulator? The ISP blocking probably will not work, because everyone will just get out of it. If we bring this into disrepute then the good guys who would like to comply probably will not; they will not be able to do so economically. All that was covered in British Standard PAS 1296, which was developed over three years. It seems to have been totally ignored by the DCMS. You have spent an awful lot of time getting there, but you have not got there.

[Lord Ashton of Hyde]

One of the reasons this has taken so long is that it is complicated. We in the DCMS, and many others, not least in this House, have spent a long time discussing the best way of achieving this. I am not immediately familiar with exactly what section 6 says, but when the statutory instrument comes before this House—it is an affirmative one to be discussed—I will have the answer ready for the noble Earl.

Particulars of Proposed Designation of Age-Verification Regulator

Debate between Lord Ashton of Hyde and Earl of Erroll

Thursday 1st February 2018 Lords Chamber

[Lord Ashton of Hyde]

The noble Lord is absolutely right, and I apologise if I misled anyone. It is not the BBFC’s job to determine what is lawful. It is meant to implement the law. The debate that I think we will have when the regulations come to this House will be on the decisions that will have been taken on what is pornography available for commercial purposes. The definition of what is unlawful will be under the extreme pornography definition within the existing Act.

[The Earl of Erroll]

Leading on from that, I remember from the debates that the trouble was that the Obscene Publications Act was not aligned with the CPS guidance or with various other things. I presume therefore that some work will be done on this in the near future, otherwise I suspect that the BBFC will get into trouble. At the same time, because age verification may come into this too, presumably we will also try to align the internet stuff, which is what we have been talking about in the Digital Economy Act—broadcast, which is regulated differently, and video on demand, which I think is Ofcom’s responsibility at the moment. We really do not want different rules across all of those, so I hope we are going to get on with that.