Audiovisual Media Services (Amendment) (EU Exit) Regulations 2020

Lord Loomba Excerpts

Friday 27th November 2020 Lords Chamber

[Lord Loomba (CB) [V]]

My Lords, these regulations do not cover audio-visual media providers in certain circumstances and raise issues of jurisdiction, including a lack of jurisdiction for infringement resolution. One area of grave concern is that the regulations should protect minors from harm, such as child sexual exploitation, but until the online harms Bill is published there will be a regulatory gap.

Another key point is the problems surrounding case law, precedent and appeal cases, as discussed this week during the passage of the retained EU case law Regulations. As the noble and learned Lord, Lord Mackay of Clashfern, pointed out during that debate, there is a deficiency in the withdrawal Act with regard to methods

“in place for reaching from, for example, the magistrates’ court in England to the Court of Appeal.”—[Official Report, 25/11/20; col. GC 28.]

Can the Minister say how the courts will reconcile issues of jurisdiction if matters are to be determined by a regulator in another EU country, or if there is no regulatory jurisdiction due to an audio-visual media provider being without a base in an EU country or the UK but the harm is occurring in the UK and being dealt with by the criminal courts in this country? Can she also tell us how our courts will deal with case law if they are not expected to follow EU case law but the regulator covering the harm involved is based in an EU country and bound by EU law, particularly EU case law?