Online Safety Bill

Lord Parkinson of Whitley Bay Excerpts

Committee stage
Wednesday 19th April 2023 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

My Lords, let me start by saying how saying how pleased I, too, am that we are now in Committee. I thank all noble Lords for giving up their time to attend the technical briefings that officials in my department and I have held since Second Reading and for the collaborative and constructive nature of their contributions in those discussions.

In particular, not least because today is his birthday, I pay tribute to the noble Lord, Lord Stevenson of Balmacara, for his tireless work on the Bill—from his involvement in its pre-legislative scrutiny to his recall to the Front Bench in order to see the job through. We are grateful for his diligence and, if I may say so, the constructive and collaborative way in which he has gone about it. He was right to pay tribute both to my noble friend Lord Gilbert of Panteg, who chaired the Joint Committee, and to the committee’s other members, including all the other signatories to this amendment. The Bill is a better one for their work, and I repeat my thanks to them for it. In that spirit, I am grateful to the noble Lord for bringing forward this philosophical opening amendment. As noble Lords have said, it is a helpful place for us to start and refocus our thoughts as we begin our line-by-line scrutiny of this Bill.

Although I agree with the noble Lord’s broad description of his amendment’s objectives, I am happy to respond to the challenge that lies behind it and put the objectives of this important legislation clearly on the record at the outset of our scrutiny. The Online Safety Bill seeks to bring about a significant change in online safety. The main purposes of the Bill are: to give the highest levels of protection to children; to protect users of all ages from being exposed to illegal content; to ensure that companies’ approach focuses on proactive risk management and safety by design; to protect people who face disproportionate harm online including, for instance, because of their sex or their ethnicity or because they are disabled; to maintain robust protections for freedom of expression and privacy; and to ensure that services are transparent and accountable.

The Bill will require companies to take stringent measures to tackle illegal content and protect children, with the highest protections in the Bill devoted to protecting children; as the noble Baroness, Lady Benjamin, my noble friend Lord Cormack and others have again reminded us today, that is paramount. Children’s safety is prioritised throughout this Bill. Not only will children be protected from illegal content through its illegal content duties but its child safety duties add an additional layer of protection so that children are protected from harmful or inappropriate content such as grooming, pornography and bullying. I look forward to contributions from the noble Baroness, Lady Kidron, and others who will, I know, make sure that our debates are properly focused on that.

Through their duties of care, all platforms will be required proactively to identify and manage risk factors associated with their services in order to ensure both that users do not encounter illegal content and that children are protected from harmful content. To achieve this, they will need to design their services to reduce the risk of harmful content or activity occurring and take swift action if it does.

Regulated services will need to prioritise responding to online content and activity that present the highest risk of harm to users, including where this is linked to something classified as a protected characteristic under the terms of the Equality Act 2010. This will ensure that platforms protect users who are disproportionately affected by online abuse—for example, women and girls. When undertaking child safety and illegal content risk assessments, providers must consider whether certain people face a greater risk of harm online and ensure that those risks are addressed and mitigated.

The Bill will place duties relating to freedom of expression and privacy on both Ofcom and all in-scope companies. Those companies will have to consider and implement safeguards for freedom of expression when fulfilling their duties. Ofcom will need to carry out its new duties in a way that protects freedom of expression. The largest services will also have specific duties to protect democratic and journalistic content.

Ensuring that services are transparent about the risks on their services and the actions they are taking to address them is integral to this Bill. User-to-user services must set out in their terms of service how they are complying with their illegal and child safety duties. Search services must do the same in public statements. In addition, government amendments that we tabled yesterday will require the biggest platforms to publish summaries of their illegal and their child safety risk assessments, increasing transparency and accountability, and Ofcom will have a power to require information from companies to assess their compliance with providers’ duties.

Finally, the Bill will also increase transparency and accountability relating to platforms with the greatest influence over public discourse. They will be required to ensure that their terms of service are clear and properly enforced. Users will be able to hold platforms accountable if they fail to enforce those terms.

The noble Baroness, Lady Kidron, asked me to say which of the proposed new paragraphs (a) to (g), to be inserted by Amendment 1, are not the objectives of this Bill. Paragraph (a) sets out that the Bill must ensure that services

“do not endanger public health or national security”.

The Bill will certainly have a positive impact on national security, and a core objective of the Bill is to ensure that platforms are not used to facilitate terrorism. Ofcom will issue a stand-alone code on terrorism, setting out how companies can reduce the risk of their services being used to facilitate terrorist offences, and remove such content swiftly if it appears. Companies will also need to tackle the new foreign interference offence as a priority offence. This will ensure that the Bill captures state-sponsored disinformation, which is of most concern—that is, attempts by foreign state actors to manipulate information to interfere in our society and undermine our democratic, political and legal processes.

The Bill will also have a positive impact on public health but I must respectfully say that that is not a primary objective of the legislation. In circumstances where there is a significant threat to public health, the Bill already provides powers for the Secretary of State both to require Ofcom to prioritise specified objectives when carrying out its media literacy activity and to require companies to report on the action they are taking to address the threat. Although the Bill may lead to additional improvements—I am sure that we all want to see them—for instance, by increasing transparency about platforms’ terms of service relating to public health issues, making this a primary objective on a par with the others mentioned in the noble Lord’s amendment risks making the Bill much broader and more unmanageable. It is also extremely challenging to prohibit such content, where it is viewed by adults, without inadvertently capturing useful health advice or legitimate debate and undermining the fundamental objective of protecting freedom of expression online—a point to which I am sure we will return.

The noble Lord’s amendment therefore reiterates many objectives that are interwoven throughout the legislation. I am happy to say again on the record that I agree with the general aims it proposes, but I must say that accepting it would be more difficult than the noble Lord and others who have spoken to it have set out. Accepting this amendment, or one like it, would create legal uncertainty. I have discussed with the officials sitting in the Box—the noble Baroness, Lady Chakrabarti, rightly paid tribute to them—the ways in which such a purposive statement, as the noble Lord suggests, could be made; we discussed it between Second Reading and now.

I appreciate the care and thought with which the noble Lord has gone about this—mindful of international good practice in legislation and through discussion with the Public Bill Office and others, to whom he rightly paid tribute—but any deviation from the substantive provisions of the Bill and the injection of new terminology risk creating uncertainty about the proper interpretation and application of those provisions. We have heard that again today; for example, the noble Baroness, Lady Fox, said that she was not clear what the meaning of certain words may be while my noble friend Lady Stowell made a plea for simplicity in legislation. The noble Lord, Lord Griffiths, also gave an eloquent exposition of the lexicographical befuddlement that can ensue when new words are added. All pointed to some confusion; indeed, there have been areas of disagreement even in what I am sure the noble Lord, Lord Stevenson, thinks was a very consensual summary of the purposes of the Bill.

That legal uncertainty could provide the basis for an increased number of judicial reviews or challenges to the decisions taken under the Bill and its framework, creating significant obstacles to the swift and effective implementation of the new regulatory framework, which I know is not something that he or other noble Lords would want. As noble Lords have noted, this is a complicated Bill, but adding further statements and new terminology to it, for however laudable a reason, risks adding to that complication, which can only benefit those with, as the noble Baroness, Lady Kidron, put it, the deepest pockets.

However, lest he think that I and the Government have not listened to his pleas or those of the Joint Committee, I highlight, as my noble friend Lady Stowell did, that the Joint Committee’s original recommendation was that these objectives

“should be for Ofcom”.

The Government took that up in Schedule 4 to the Bill, and in Clause 82(4), which set out objectives for the codes and for Ofcom respectively. At Clause 82(4) the noble Lord will see the reference to

“the risk of harm to citizens presented by content on regulated services”

and

“the need for a higher level of protection for children than for adults”.

I agree with the noble Baroness, Lady Chakrabarti, that it is not impossible to add purposive statements to Bills and nor is it unprecedented. I echo her tribute to the officials and lawyers in government who have worked on this Bill and given considerable thought to it. She has had the benefit of sharing their experience and the difficulties of writing tightly worded legislation. In different moments of her career, she has also had the benefit of picking at the loose threads in legislation and poking at the holes in it. That is the purpose of lawyers who question the thoroughness with which we have all done our work. I will not call them “pesky lawyers”, as she did—but I did hear her say it. I understand the point that she was making in anticipation but reassure her that she has not pre-empted the points that I was going to make.

To the layperson, legislation is difficult to understand, which is why we publish Explanatory Notes, on which the noble Baroness and others may have had experience of working before. I encourage noble Lords, not just today but as we go through our deliberations, to consult those as well. I hope that noble Lords will agree that they are more easily understood, but if they do not do what they say and provide explanation, I will be very willing to listen to their thoughts on it.

So, while I am not going to give the noble Lord, Lord Stevenson, the birthday present of accepting his amendment, I hope that the clear statement that I gave at the outset from this Dispatch Box, which is purposive as well, about the objectives of the Bill, and my outline of how it tries to achieve them, is a sufficient public statement of our intent, and that it achieves what I hope he was intending to get on the record today. I invite him to withdraw his amendment.

[Lord Stevenson of Balmacara (Lab)]

Well, my Lords, it has been a very good debate, and we should be grateful for that. In some senses, I should bank that; we have got ourselves off to a good start for the subsequent debates and discussions that we will have on the nearly 310 amendments that we must get through before the end of the process that we have set out on.

However, let us pause for a second. I very much appreciated the response, not least because it was very sharp and very focused on the amendment. It would have been tempting to go wider and wider, and I am sure that the Minister had that in mind at some point, but he has not done that. The first substantial point that he made seemed to be a one-pager about what this Bill is about. Suitably edited and brought down to manageable size, it would fit quite well into the Bill. I am therefore a bit puzzled as to why he cannot make the jump, intellectually or otherwise, from having that written for him and presumably working on it late at night with candles so that it was perfect—because it was pretty good; I will read it very carefully in Hansard, but it seemed to say everything that I wanted to say and covered most of the points that everybody else thought of to say, in a way that would provide clarity for those seeking it.

The issue we are left with was touched on by the noble Baroness, Lady Stowell, in her very perceptive remarks. Have we got this pointing in the right direction? We should think about it as a way for the Government to get out of this slightly ridiculous shorthand of the safest place to be online, to a statement to themselves about what they are trying to do, rather than an instruction to Ofcom—because that is where it gets difficult and causes problems with the later stages. This is really Parliament and government agreeing to say this, in print, rather than just through reading Hansard. That then reaches back to where my noble friend Lady Chakrabarti is, and it helps the noble Baroness, Lady Harding, with her very good point, that this will not work if people do not even bother to get through the first page.

Young Female Racing Drivers

Lord Parkinson of Whitley Bay Excerpts

Tuesday 18th April 2023 Lords Chamber

[Lord Strathcarron]

To ask His Majesty’s Government what steps they are taking to support young female racing drivers to ensure that they enjoy the same opportunities as their male counterparts.

[The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

My Lords, the Government are committed to supporting women’s sport at every opportunity, pushing for greater participation, employment, commercial opportunities and visibility in the media. We warmly welcome the creation of the F1 Academy in providing opportunities for young female drivers to progress to higher levels of competition in motorsport and we support its focus on uncovering the next generation of young female drivers.

[Lord Strathcarron (Con)]

I thank my noble friend the Minister for his reply. While the UK remains the £9 billion-a-year epicentre of world motorsport and Formula 1 itself and seven out of 10 of the Grand Prix teams are based in the UK, and while three out of five of the fastest male drivers in the world are British and the fastest female driver in the world is British, last year the women’s W Series championship was curtailed through a lack of funding. Should the same fate befall the F1 Academy series, which my noble friend the Minister mentioned, would he use his legendary powers of persuasion to convince the motorsport hierarchy that investing in women’s motorsport is a good idea, not just in itself but to maintain the UK’s position as the premier leader in world motorsport?

[Lord Parkinson of Whitley Bay (Con)]

I certainly agree with my noble friend that it is definitely a worthwhile investment. As recent achievements in football, rugby and tennis have shown, women’s successes in sport not only bring delight to the viewing public but inspire women and girls to take part and to get more active. As a Formula 1 fan myself, I warmly welcome the creation of the F1 Academy and look forward to its first race in Austria later this month. I am also pleased by the news that its races will align next season with Formula 1 race weekends. It is run by Susie Wolff, who is an inspiring role model. At the British Grand Prix in 2014, she became the first woman to take part in a Formula 1 race weekend in 22 years. With a British team taking part, and with British drivers including Chloe Grant, Abbi Pulling and Jessica Edgar hoping to follow hot on the heels of the three-time W Series winner Jamie Chadwick, it is clear that there are many reasons for British fans to be especially excited.

[Lord Hain (Lab)]

My Lords, is not the problem that initiatives around women’s participation in motorsport begin far too late, when all the best racing drivers start in karting at six or seven years old? Likewise, Ministers need to start promoting more women engineers, beginning with schoolgirls. Could the Government be much more positive towards motorsport, in which, as the noble Lord, Lord Strathcarron, said, the UK is a world leader? As such, the sport is a great ambassador for British high-performance engineering and talent, including championing sustainable fuels which are carbon neutral.

[Lord Parkinson of Whitley Bay (Con)]

The noble Lord is right to point to the many ways that women can get involved in motorsports, not just as drivers but as team principals, nutritionists, psychologists, talent scouts and in many other roles. Lots of people have obviously been inspired by the recent Netflix series, “Drive to Survive”, which perhaps did not give enough screen time to all the women who take part. There is definitely a role for the sport itself, as well as for government and parliamentarians in exchanges such as this, to draw attention to that and to inspire people to get involved at every level.

[Lord Addington (LD)]

My Lords, can the Minister assure us that there will be a slightly more open and coherent attitude towards the full participation of women across non-traditional groups? At the moment, the Government seem to be following behind the sports themselves as opposed to leading. Will they tell us where that guidance will come from and who will be leading it?

[Lord Parkinson of Whitley Bay (Con)]

My department is in the process of finalising a new government sports strategy. Central to that is tackling the inequalities that exist in activity rates and making all sports more inclusive. We want to see people getting involved. I have pointed to recent successes of the Lionesses and the achievements of the Red Roses and the Great Britain team in tennis. Those British heroes are inspiring women and girls to get involved and we are keen to amplify their successes to inspire others.

[Baroness Sugg (Con)]

My Lords, is my noble friend the Minister aware of Extreme E, the off-road electric series that requires teams to put up one male and one female driver? They use the same equipment, they race the same track, and they both make an equal contribution to the team’s performance. Will the Minister join me in welcoming that as creating new opportunities for female motorsport drivers?

[Lord Parkinson of Whitley Bay (Con)]

I certainly do, and I know that Extreme E was important to Jamie Chadwick’s career progression before the W Series. I had the pleasure of taking part in the Lords versus Commons full-bore rifle match alongside my noble friend Lady Sugg, which is another sport in which men and women compete alongside each other on equal terms. In some settings, that is of course possible and to be encouraged.

[Baroness Merron (Lab)]

My Lords, as the Minister referred to, while the “Drive to Survive” series has been hugely successful, females in motorsport found that women spoke only for some six minutes and seven seconds of the six and a half hours of the series. They did that as fans or as workers providing food or applying make-up to drivers, which reflected that women are, to make an understatement, very much in the background of the industry. What discussions has the department had with key motorsport stakeholders about addressing the presence of women across the industry? Could the Department for Education perhaps be prevailed upon to do more to ensure that relevant apprenticeships and vocational courses are signposted to everyone, irrespective of their gender?

[Lord Parkinson of Whitley Bay (Con)]

I certainly agree with the noble Baroness: we want to hear more from the women who are involved at the highest levels in motorsport, inspiring women such as Susie Wolff, and to remind people of the trailblazing women who have paved the way, such as Lella Lombardi and Desiré Wilson—who has a grandstand name after her at Brands Hatch. Officials at the department have spoken to Formula 1 about the creation of the F1 Academy. As I say, we warmly welcome that as a way of inspiring more people, and are working on the cross-government sports strategy, which, of course, involves liaising with the Department for Education to make sure that in schools we are enabling people to get involved, try new sports and go as far as their talent and ambitions take them.

[Lord Kirkhope of Harrogate (Con)]

My Lords, I declare an interest as a driver of a fast car, but I suggest that the game is up as far as your Lordships are concerned. The truth of the matter is that statistic after statistic says clearly that women are better drivers than men. Indeed, four times as many reckless driving cases are brought to our courts in relation to men than in relation to women. Does my noble friend agree that the time is now ripe for us to return to the issue of insurance premiums and to stop women being discriminated against with regard to them, reflecting their better driving?

[Lord Parkinson of Whitley Bay (Con)]

My noble friend’s point is a matter for colleagues in the Department for Transport, but I shall certainly pass it on. I agree with him. Motor sports are ones in which women and men can compete on equal terms; they have done in the past and we would like to see more of that in future. We welcome initiatives to ensure that all women get involved and able to do so.

[Baroness Deech (CB)]

My Lords, is the Minister confident that the category of women drivers will be confined to those who are born women?

[Lord Parkinson of Whitley Bay (Con)]

Transgender participation in sport has been looked at by the UK sports councils, which have produced well-researched and well-considered guidance. As the sports councils concluded in that guidance, balancing inclusion, safety and fairness at all times is not possible in every sport setting. When it comes to competitive sport, the Government believe that fairness has to be the primary consideration.

[Baroness Bray of Coln (Con)]

Can my noble friend assure me that the Government will do all that they can, in the light of the fact that women are increasingly successful in the world of racing, to encourage young girls to start practising their driving skills early on go-carts—or girl carts, as I am told they are now known?

[Lord Parkinson of Whitley Bay (Con)]

The age of Formula 1 drivers shows that this is a young sport, and the track record of those who have been successful in it shows that they start at a very young age. That is why we want to make sure that we break down all possible barriers to participation, one of which is visibility. It is why it is so important to have prominent competitions in which women and girls can participate and inspire others.

[Lord Dobbs (Con)]

Can I encourage my noble friend not to get too involved in trying to run Formula 1 but instead to concentrate on drivers in London—ordinary Londoners who want to drive their kids to school in the morning, who want to drive their teenage sons and daughters to sports fields in the evening and who perhaps want to drive their elderly parents to the doctor or a hospital—by knocking on the head the bonkers plan of the Mayor of London to penalise everybody who wants to drive on any street in London?

[Baroness Jones of Moulsecoomb (GP)]

Nonsense!

[Lord Parkinson of Whitley Bay (Con)]

My noble friend’s point will, I am sure, have been heard on the Benches opposite, and I am sure that they will pass on to the Mayor of London the strong views in this House and from drivers across the capital about his policies.

OFCOM (Duty regarding Prevention of Serious Self-harm and Suicide) Bill [HL]

Lord Parkinson of Whitley Bay Excerpts

2nd reading
Friday 3rd February 2023 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

My Lords, I am very grateful to the noble Baroness, Lady Finlay of Llandaff, for bringing forward her Bill, and to all noble Lords who have taken part in our debate, most particularly the noble Baroness, Lady Smith of Newnham, whose powerful, brave and personal words moved us all but also underlined the importance for so many families of the topic we are discussing today. The Government fully understand just how devastating these harms are, both to children and to adults, and the effect that those harms have on their families and friends, as well as the role that social media platforms and search engines can play in exacerbating them.

As the noble Baroness, Lady Finlay, outlined, her Bill was due to be read a second time the day after the death of Her late Majesty the Queen. That very sad reason for delay has meant that we are able to look at it alongside the Online Safety Bill, now before your Lordships’ House, which is helpful. I will endeavour to explain why the Government think that Bill deals with many of the issues raised, while keeping an open mind, as I said at its Second Reading on Wednesday, on suggestions for how it could do so more effectively.

I will first address the scope and intentions of the Online Safety Bill, particularly how it protects adults and children from horrific content such as this. As I outlined in our debate on Wednesday, the Online Safety Bill offers adult users a triple shield of protection, striking a balance between forcing platforms to be transparent about their actions and empowering adult users with tools to manage their experience online.

The first part of the shield requires all companies in scope of the Bill to tackle criminal activity online when it is flagged to them. They will have duties proactively to tackle priority illegal content and will need to prevent their services being used to facilitate the priority offences listed in the Bill, which include encouraging or assisting suicide.

The second part of the shield requires the largest user-to-user platforms, category 1 services under the Bill, to ensure that any terms of service they set are properly enforced. For instance, if a major social media platform says in its terms of service that it does not allow harmful suicide content, it must adhere to that. I will address this in greater detail in a moment, but Ofcom will have the power to hold platforms to their terms and conditions, which will help to create a safer, more transparent environment for all.

The third part of the shield requires category 1 services to provide adults with tools either to reduce the likelihood of encountering certain categories of content, if they so choose, or to alert them to the nature of that content. That includes content that encourages, promotes or provides instruction for suicide, self-harm or eating disorders. People will also have the ability to filter out content from unverified accounts, if they wish. That will give them the power to address the concern raised by my noble friend Lord Balfe about anonymous accounts. If anonymous accounts are pushing illegal content, the police already have powers through the Investigatory Powers Act to access communications data to bring the people behind that to book.

Through our triple shield, adult users will be empowered to make more informed choices about the services they use and have greater control over whom and what they engage with online.

As noble Lords know, child safety is a crucial component of the Online Safety Bill, and protecting children from harm remains our priority. As well as protecting children from illegal material, such as intentional encouragement of or assistance in suicide, all in-scope services likely to be accessed by children will be required to assess the risks to children on their service, and to provide safety measures to protect them from age-inappropriate and harmful content. This includes content promoting suicide, eating disorders and self-harm that does not meet a criminal threshold, as well as harmful behaviour such as cyberbullying.

Providers will also be required to consider, as part of their risk assessments, how functions such as algorithms could affect children’s exposure to illegal and other harmful content on their service. They must take steps to mitigate and manage any risks. Finally, providers may need to use age-assurance measures to identify the age of their users, to meet the child safety duties and to enforce age restrictions on their service.

A number of noble Lords talked about algorithms, so I will say a little more about that, repeating what I outlined on Wednesday. Under the Online Safety Bill, companies will need to take steps to mitigate the harm associated with their algorithms. That includes ensuring that algorithms do not promote illegal content, ensuring that predictive searches do not drive children towards harmful content and signposting children who search for harmful content towards resources and support.

Ofcom will also be given a range of powers to help it assess whether companies are fulfilling their duties in relation to algorithms. It will have powers to require information from companies about the operation of their algorithms, to interview employees, to require regulated service providers to undergo a skilled persons report, and to require audits of companies’ systems and processes. It will also have the power to inspect premises and access data and equipment, so the Bill is indeed looking at the harmful effects of algorithms.

Moreover, I am pleased that many of the ambitions that lie behind the noble Baroness’s Bill will be achieved through a new communications offence that will capture the intentional encouragement and assistance of self-harm, as noble Lords have highlighted today. That new offence will apply to all victims, adults as well as children, and is an important step forward in tackling such abhorrent content. The Government are considering how that offence should be drafted. We are working with colleagues at the Ministry of Justice and taking into account views expressed by the Law Commission. As I said on Wednesday, our door remains open and I am keen to discuss this with noble Lords from all parties and none to ensure we get this right. We look forward to further conversations with noble Lords between now and Committee.

Finally, I want briefly to mention how in our view the aims of the noble Baroness’s Bill risk duplicating some of the work the Government are taking forward in these areas. The Bill proposes requiring Ofcom to establish a unit to advise the Secretary of State on the use of user-to-user platforms and search engines to encourage and assist serious self-harm and activities associated with the risk of suicide. The unit’s advice would focus on the extent of harmful content, the effectiveness of current regulation and potential changes in regulation to help prevent these harms. The noble Baroness is right to raise the issue, and I think her Bill is intended to complement the Online Safety Bill regime to ensure that it remains responsive to the way in which specific harms develop over time.

On Wednesday we heard from my noble friend Lord Sarfraz about some of the emerging threats, but I hope I have reassured the noble Baroness and other noble Lords that suicide and self-harm content will be robustly covered by the regime that the Online Safety Bill sets up. It is up to Ofcom to determine how best to employ its resources to combat these harms effectively and swiftly. For instance, under the Online Safety Bill, Ofcom is required to build and maintain an in-depth understanding of the risks posed by in-scope services, meaning that the regime the Bill brings forward will remain responsive to the ways in which harms manifest themselves both online and offline, such as in cases of cyberstalking or cyberbullying.

The Government believe that Ofcom as the regulator is best placed to hold providers accountable and to respond to any failings in adhering to their codes of practice. It has the expertise to regulate and enforce the Online Safety Bill’s provisions and to implement the findings of its own research. Its work as the regulator will also consider evidence from experts across the sector, such as Samaritans, which has rightly been named a number of times today and kindly wrote to me ahead of this debate and our debate on the Online Safety Bill. We therefore think that this work covers the same ground as the advisory function of the unit proposed in the noble Baroness’s Bill, and I hope this has reassured her that the area that she highlights through it is indeed being looked at in the Government’s Bill.

That is why the Government believe that the Online Safety Bill now before your Lordships’ House represents the strong action that we need to prevent the encouragement or assistance of self-harm, suicide and related acts online, and why we think it achieves the same objectives as the noble Baroness’s Bill. It is further strengthened, as I say, by the new stand-alone offence that we are bringing forward which addresses communications that intentionally encourage or assist self-harm, about which I am happy to speak to noble Lords.

I am glad we have had the opportunity today, between Second Reading and Committee of that Bill, to look at this issue in detail, and I know we will continue to do so, both inside and outside the Chamber. For the reasons I have given, though, we cannot support the noble Baroness’s Private Member’s Bill today.

Broadcasting: Children’s Television

Lord Parkinson of Whitley Bay Excerpts

Thursday 2nd February 2023 Lords Chamber

[Baroness Benjamin (LD)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper and declare an interest as per the register.

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

My Lords, the Government recognise the unique social, educational and economic importance of children’s television, and that is why we have put in place a range of measures to support it. The ongoing animation and children’s tax relief schemes have supported the production of over 840 programmes. Working with the noble Baroness, we introduced powers for Ofcom to monitor and set criteria for the provision of children’s television. Children’s television was chosen to pilot contestable funding, which has supported more than 280 hours of new content.

[Baroness Benjamin (LD)]

I thank the Minister for his Answer. However, since the early closure of the Young Audiences Content Fund, which offered up to 50% of programme budgets, the amount of newly made UK commercial children’s content continues to decrease. The children’s television production sector faces market failure and a huge challenge. Without funding, television programmes that reflect British children’s lives could disappear from the nation’s screens, and that would be a tragedy. Pact is proposing new tax breaks of 40% to help keep that vitally important sector thriving. So how are the Government living up to their responsibility to ensure that the nation’s children are accessing high-quality British children’s programming? Will the tax breaks proposed by Pact be supported to ensure that we have more UK commercial public service broadcasting of children’s content?

--- Later in debate ---

[Lord Parkinson of Whitley Bay (Con)]

The Young Audiences Content Fund was always designed as a three-year pilot. Now that it is over, it is right that we assess the contestable funding model as a whole to understand how it can be used to help. Any further investment of public funding will need to be considered against that and future broadcasting needs, but we are supporting children’s television to ensure that future generations can benefit from it just as much as past ones have.

[Baroness Featherstone (LD)]

My Lords, what steps are the Government taking to ensure that the children’s television production sector is internationally competitive?

[Lord Parkinson of Whitley Bay (Con)]

With our wider support for the broadcasting system set out in the White Paper, we are ensuring that all our public service broadcasters can compete with the new streaming platforms we see entering the market. The media Bill will deliver on some of the proposals put forward in the White Paper.

[Lord Blunkett (Lab)]

My Lords, perhaps the Minister could reflect on the fact that television companies are always bemoaning losing young people from their audience. Would it not be sensible to invest in children’s television at the moment when young people are prepared to engage with their families by sitting on the settee, rather than looking at their devices and losing their sight in later life?

[Lord Parkinson of Whitley Bay (Con)]

We have indeed been investing: the Young Audiences Content Fund invested a total of £40.5 million directly into brand new children’s television content for exactly the sorts of reasons the noble Lord outlined.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, the noble Baroness, Lady Benjamin, rightly pointed out the danger now of the huge oversupply of content—including perfectly reasonable content—from elsewhere, mainly America, particularly for young children. Can the Minister address what that is doing to the skill base in this country? There are lots of people who have, and need, very particular skills to create content for young children, and they must be feeling pretty dismal at the moment. Does the Minister agree?

[Lord Parkinson of Whitley Bay (Con)]

The noble Baroness is right, and the Government are clear that we want to see distinctively British content, so that young people growing up in this country can see it on television and on their tablets, or however they view it. Through our creative industries sector vision, the department is working to address skills gaps right across the creative industries in order to ensure that we can continue to make world-leading content.

[Lord Bassam of Brighton (Lab)]

My Lords, we of course echo the concerns raised by the noble Baroness, Lady Benjamin. Public service broadcasting faces a number of challenges, including uncertainty over the status of the long-awaited media Bill, which was parked while the Government considered whether to U-turn on privatising Channel 4. Now that decision has been made, can the Minister confirm when noble Lords can expect some breaking news? If not, can he at least say whether the Leader of the House was correct when he stated on 12 January that this crucial legislation will be published only in draft form?

[Lord Parkinson of Whitley Bay (Con)]

The media Bill will reform decades-old law to boost the growth potential of our world-leading public service broadcasters, replacing the outdated set of 14 overlapping purposes and objectives. We have set out those reforms in our White Paper and the Government will legislate when parliamentary time allows.

[Lord Kamall (Con)]

My Lords, as my noble friend knows, a number of commercial children’s channels are already available. What concerns does his department have about those, and what criteria are they not meeting that it believes public service broadcasters would meet?

[Lord Parkinson of Whitley Bay (Con)]

Commercial broadcasters do indeed provide excellent content, but public service broadcasters play a unique role in ensuring that underserved groups are catered for. There is not always the same commercial potential in children’s television programming, which is why it is right that we have particular areas of work to focus on that.

[Lord Leong (Lab)]

My Lords, as we all know, BBC World News is banned in China. Are there plans to ban Chinese news channels and propaganda channels in the United Kingdom?

[Lord Parkinson of Whitley Bay (Con)]

Sanctions, of course, are always kept under review, but by their nature, the Government cannot discuss them until they are made.

CCTV

Lord Parkinson of Whitley Bay Excerpts

Thursday 2nd February 2023 Lords Chamber

[Lord Strathcarron]

To ask His Majesty’s Government what plans they have to commission an independent review of the (1) scale, (2) capabilities, (3) ethics, and (4) impact on rights, of CCTV in the United Kingdom.

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

My Lords, His Majesty’s Government have no plans to commission an independent review of the use of closed circuit television. The Government support the appropriate use of technologies such as CCTV to tackle crime and give the public greater confidence about using our public spaces, provided that its use is lawful, transparent and fair and in accordance with relevant guidelines.

[Lord Strathcarron (Con)]

I thank my noble friend the Minister for the reply. The noble Lord, Lord Alton of Liverpool, has already highlighted to the House the dangers posed by Chinese state-owned facial recognition companies Hikvision and Dahua. Is the Minister aware that this technology is now openly available on a far more intrusive smartphone level from other Chinese state-owned companies such as PimEyes? Is he also aware of the very real threats this will pose—and not just to politically exposed persons such as your Lordships? Absolutely anybody can be tracked and traced anywhere at any time. It is not hyperbolic to say that, if left unchecked, these applications will entirely alter our concept of privacy and be open sesame to snoopers, stalkers, blackmailers, cybercriminals and bad actors of every kind.

[Lord Parkinson of Whitley Bay (Con)]

All organisations in the UK that possess personal data have to comply with the requirements of our data protection legislation. The Information Commissioner’s Office is our independent regulator for data protection and is responsible for providing advice and guidance on compliance with the law. The ICO is currently considering whether PimEyes’ practices may raise data protection concerns. I hope that my noble friend will understand that it is not appropriate for me to comment on an ongoing ICO investigation.

[Baroness Chakrabarti (Lab)]

My Lords, does the Minister understand that these mostly Chinese smart cameras have the triple vices of being incredibly intrusive, incredibly unreliable and racially discriminatory? In the light of that, would he perhaps think again about the question from the noble Lord, Lord Strathcarron, and perhaps give a rather more urgent and pertinent response?

[Lord Parkinson of Whitley Bay (Con)]

It is an urgent matter and it is being looked at currently by the ICO. It would be wrong for me to comment on that ongoing investigation, but it is being dealt with swiftly. We are also taking urgent action across government, and my right honourable friend the Chancellor of the Duchy of Lancaster set out in a Statement on 24 November the action that we are taking with relation to Chinese equipment in public sites.

[Lord German (LD)]

My Lords, the Surveillance Camera Commissioner recently reported on a survey of police forces in England and Wales. Despite the commissioner’s strong belief that surveillance technology had to be used in a way that maintains the trust and confidence of our communities, the commissioner found that there is no universal approach to due diligence across the police forces of this country. Does the Minister agree that a universal approach is necessary and sensible? If so, how will the Government achieve it?

[Lord Parkinson of Whitley Bay (Con)]

All police forces are compelled to follow data protection legislation, which is regulated by the Information Commissioner’s Office. They must also comply with human rights and equalities legislation, which is regulated by the Equality and Human Rights Commission. So there is a universal application of those across all forces.

[The Lord Bishop of Manchester]

My Lords, I declare my interest as chair of the Greater Manchester Police independent ethics committee. Can the Minister tell us what the Government’s assessment is of the use of CCTV in conjunction with live facial recognition technology by police across the UK, and what legal safeguards are in place to ensure that fundamental rights are upheld?

[Lord Parkinson of Whitley Bay (Con)]

Polls show that there is public support and, indeed, an expectation on the police to use technology such as this, particularly from victims and their families, to prevent, detect and investigate crime. There is a comprehensive legal framework covering its use. The noble Baroness, Lady Chakrabarti, mentioned the potential for bias against people from ethnic minority backgrounds. When using it, police must comply with the public sector equality duty, and a human operator is also important in this regard.

[Lord Reid of Cardowan (Lab)]

My Lords, can I first confess that I encouraged the spread of CCTV, because I knew of the demand that comes from potential victims? However, that was before smart CCTV and facial recognition. As the right reverend Prelate said, they introduce a major new dimension of potential intrusion into privacy. I accept that the ICO is reviewing this, but I remind the Minister that ultimately this will be a political decision, taken in the context of the extensive surveillance by the Chinese Government of their own and other people. Will he give it the utmost priority when the ICO has reported?

[Lord Parkinson of Whitley Bay (Con)]

The noble Lord is right to point to the importance of CCTV in the detection and prosecution of crime. Of course, as technology improves, so does the reliability and its use in criminal investigations—but so do the risks. That is why the Information Commissioner’s Office plays its important role in monitoring it. We will continue to evaluate the continued use of technologies such as live facial recognition and consider the need for further guidance, should that be needed.

[Lord Bellingham (Con)]

Could my noble friend the Minister expound further on that last reply and tell the House how many very serious crimes last year, including murder and GBH, were solved as a result of CCTV?

[Lord Parkinson of Whitley Bay (Con)]

I do not have those figures to hand, but I imagine that they are substantial, and I shall find out and write to the noble Lord.

[Lord Bassam of Brighton (Lab)]

My Lords, there is an opportunity here for the Government to get something right. The Product Security and Telecommunications Infrastructure Bill received Royal Assent, as the Minister knows, in early December. Its security provisions are designed to improve the security of smart products—a category that includes CCTV doorbells. Is the Minister able to provide some updates on commencement of Part 1 of the Act, or on the laying of relevant regulations and guidance, given that this will be the subject of some intense debate—and given, too, the potential privacy issues that will arise if security vulnerabilities in personal CCTV products can be exploited, as we now know, by bad actors?

--- Later in debate ---

[Lord Parkinson of Whitley Bay (Con)]

I cannot provide an update on dates by which those things will be commenced, but the noble Lord is right to point to the legislation that we have taken through, which grapples with this important topic, the scrutiny given in Parliament and the change that it will make to the regulation of these sensitive technologies.

[Lord Watson of Wyre Forest (Lab)]

My Lords, is it an appropriate use of CCTV facial recognition technology to identify children entitled to free school meals in our schools?

[Lord Parkinson of Whitley Bay (Con)]

I not aware that that is being done, but that is a matter for the Department for Education. I will refer the noble Lord’s point to the department.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, just to clarify the answers to some of the questions, I think all of us can understand that using CCTV to catch criminals and help victims is something that has become the norm. But the Minister has been asked whether the new technology changes things. Secondly, is there not a danger of a creep towards the surveillance of innocent people, which would not be something that the Government would endorse or condone?

[Lord Parkinson of Whitley Bay (Con)]

There is a hugely important role for CCTV in providing assurance for people that our streets are safe, that our public spaces are being monitored and that, if crimes are committed, the people who commit them will be captured and brought to justice. That is a great reassurance to people as they go about their lawful business.

[Lord Hogan-Howe (CB)]

My Lords, I agree with what the noble Lord, Lord Reid, said and what the original questioner said, which is that this is probably not a bad time to think seriously about the application of facial recognition with CCTV. Does the Minister agree that it is not only about crime? It is also an opportunity to find missing people and sometimes, on places such as the Tube and in other places, people who have fallen ill. CCTV has many benefits, but I agree that it needs proper control and accountability.

[Lord Parkinson of Whitley Bay (Con)]

The noble Lord is right and highlights another important potential use of this technology. It is right that it is monitored. The ICO has published an opinion on the use of live facial recognition by law enforcement agencies, as well as guidance on the processing of biometric data. We will continue to evaluate that and continue to consider whether further guidance is needed.

[Lord Harris of Haringey (Lab)]

My Lords, could the Minister just confirm that he saying—I think he is, but it would be helpful if it was clear—that he and the Government accept the huge value for public protection and public safety of the ability of law enforcement to use CCTV and facial recognition techniques? Does he also recognise that the fact that this technology is now out there and is increasingly used by non-law enforcement agencies, by the private sector in all sorts of spaces, is an area that requires at least equivalent, if not stronger, supervision and monitoring?

[Lord Parkinson of Whitley Bay (Con)]

The noble Lord makes an important point. I think people would find it very disappointing if commercial organisations were able to use the technology in a way that the police and law enforcement agencies could not, to bring people to justice. We do support its use, but only with careful monitoring. The ICO has an important role to play in that.

Broadband: Price

Lord Parkinson of Whitley Bay Excerpts

Thursday 2nd February 2023 Lords Chamber

[Lord Sikka]

To ask His Majesty’s Government what plans they have, if any, to prevent internet providers from increasing the price of broadband connections by up to 3.9 per cent above the Consumer Price Index measure of inflation.

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

My Lords, this is clearly a difficult time for households across the country that are struggling to pay their bills as a result of the global rise in the cost of living. While operators are continuing to invest in gigabit-capable services, the UK benefits from some of the cheapest retail pricing of broadband in Europe, with only around 4% of a typical household’s monthly budget going on telecommunications services. However, we understand the challenges many families are facing at the moment, so we are calling on operators to consider carefully the need for above-inflation price increases and the impact they may have on people across the country.

[Lord Sikka (Lab)]

My Lords, there is absolutely no justification for the inflation-busting 14% price rise for broadband. BT, EE, PlusNet, Shell Energy, TalkTalk and Vodafone are acting in unison; they have trapped millions of people into 18- to 24-month contracts and are forcing them to pay 14% more, mid-term. Those wanting to leave are being forced to pay a £200 exit fee. I ask the Minister, first, to ban mid-term contract price hikes and, secondly, to change the law so that customers can exit free from any broadband contract longer than 12 months.

[Lord Parkinson of Whitley Bay (Con)]

The Government believe it is important that consumers are fully aware of the clauses in their contracts so that they are empowered to make informed decisions, but we also are mindful of the impact on families at this time. That is why my right honourable friend the Secretary of State earlier this month met chief executives from major broadband and mobile providers and asked them to consider very carefully the need to make above-inflation price increases at this moment. Households struggling to afford telecoms services should speak to their provider. Social tariffs are available, as we heard in a Question earlier this week, but also, since last July, providers have committed to support any customers struggling to pay their bills.

[Baroness McIntosh of Pickering (Con)]

My Lords, is this not an opportunity for the Government, in rolling out their digital programme, to ensure that this area is properly regulated? Could Ofcom not play a crucial role here? All of us are bound by our contracts, as my noble friend the Minister rightly pointed out, which in most cases are locked in for 24 months, and we are going to face an average 11% increase. For vulnerable households, this is just too much.

[Lord Parkinson of Whitley Bay (Con)]

Ofcom does have an important role to play here as the independent regulator, but, as I say, mindful of the particular challenges that households are facing, my right honourable friend the Secretary of State spoke directly to companies, asking them to consider very carefully the decisions they are making and the impact on their customers.

[Lord Allan of Hallam (LD)]

My Lords, was the Minister struck, as I was, by the observation in Ofcom’s December pricing trends report that there are millions of consumers who are out of contract, and so free to switch, but have not yet done so? Does he agree that these people could make significant savings, often without having to switch at all, as many providers will drop their prices as soon as you ring and threaten to leave? What are the Government doing to make this group aware that they can do this?

[Lord Parkinson of Whitley Bay (Con)]

Yes, it is very striking. Many people could be saving money and are not aware of it. That is why it is important that contracts are clear, but it also highlights the importance of consumer advice groups and, indeed, debates such as this, to draw the attention of people to the contracts they have signed.

[Lord Browne of Ladyton (Lab)]

My Lords, of course everybody should read the contracts they sign, but has the Minister read his broadband provider’s contract? These contracts are impossible to understand. They have subcontracts and other regulations—there is no possibility that people will understand the contracts that they have to sign if they want broadband. What my noble friend describes is anti-competitive, inflationary and likely to drive down digital inclusion. This is a matter for the Competition and Markets Authority. The Minister should think about referring this to the Competition and Markets Authority for profiteering and setting up a cartel.

[Lord Parkinson of Whitley Bay (Con)]

At the risk of sounding like a geek, I have read my contract. I did so because some operators permit their customers to exit their contracts penalty-free when there is a price rise. Mine did; I looked at it, I shopped around and I saved some money. People would be well advised to do the same, but it is important that the industry tells people about the decisions it makes. That is why the Secretary of State brought chief executives in and asked them to consider carefully the impact of the decisions they make and how they communicate them.

[Lord Forsyth of Drumlean (Con)]

Has my noble friend, as well as having the experience of reading a contract, had the experience of trying to communicate with these providers? You sit on the phone for hours and hours and then get passed from pillar to post. Can we do something to make sure that their customer relations are rather more efficient?

[Lord Parkinson of Whitley Bay (Con)]

On that, my experience was indeed a bit more painful. It is obviously for commercial providers to decide how they provide services to their customers in a way that allows them to keep costs down and keep bills down while satisfying people so that they want to stay with them.

[Lord Woodley (Lab)]

My Lords, there is a pattern here. The Government are keeping down wages for our heroes in the public sector, such as teachers, nurses and firefighters, but at the same time, they are doing nothing to curb the profiteering by energy, broadband and other companies, even though, as my noble friend just said, this is inflationary. Can the Minister explain the double standards that they are operating?

[Lord Parkinson of Whitley Bay (Con)]

My Lords, the action we are taking is to beat the evil of inflation, which is what lies behind these price rises. At the same time, we have acted quickly to support families, through such things as the energy price guarantee and the energy bills support scheme, as well as further help for the most vulnerable households of up to £200.

[Baroness Altmann (Con)]

My Lords, will the Minister comment on the problems faced by vulnerable older people who might just have started trying to get tech-enabled and just signed up for a broadband contract? They do not understand how these things work, then are suddenly faced with a penalty if they try to change to a better rate and are locked into a contract that was never properly explained to them.

[Lord Parkinson of Whitley Bay (Con)]

In July last year, the previous Secretary of State also spoke to mobile and broadband suppliers and secured a list of commitments from them, including a commitment to support their customers who may be struggling with the cost of living and to treat them with compassion and understanding. All providers committed to support customers who are struggling with their bills, offering them ways to keep connected, including allowing them to move to cheaper packages without charge or penalty, or agreeing manageable payment plans.

[Lord Butler of Brockwell (CB)]

To revert to a question asked previously by a noble Lord, is this not a matter that should be referred to the Competition and Markets Authority?

[Lord Parkinson of Whitley Bay (Con)]

At the moment we are pleased to have seen the commitments made by the companies following their meetings with the Secretary of State and her predecessor. We will keep it under review.

[Baroness Merron (Lab)]

My Lords, earlier this week your Lordships’ House discussed the Government’s efforts to ensure that eligible households are aware of social tariffs for broadband, which the Minister referred to. I asked the Minister whether the Government would contact benefit claimants directly, given that their data is available to the Government, and in response the Minister cited a more general information campaign of adverts and leaflets. I ask the Minister today whether consideration has been given to contacting claimants directly so that households know that these special tariffs are ones for which they are eligible?

[Lord Parkinson of Whitley Bay (Con)]

We are advertising the support which is available generally. The social tariffs are available to people who are in receipt of universal credit and other means-tested benefits, but there is help for anyone who may be struggling to pay their bills, thanks to the commitments we secured from the industry last July. That is why we are advertising all of the help generally, through the Help for Households campaign, but of course that is being monitored for its success in getting the message out, and all ideas are welcome.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, BT businesses are operated under a special government regulation through Ofcom. In view of the fact that throughout rural areas in the UK, BT Openreach is providing broadband connections at highly difficult and challenging costs for many consumers, will the Minister, as a result of today’s questions, talk directly to BT Openreach about reducing its costs and ensuring that infrastructure issues are better dealt with, including wayleave permissions, because many people in rural communities cannot access the broadband they require to undertake their work?

[Lord Parkinson of Whitley Bay (Con)]

As the noble Baroness notes, Openreach’s prices are fixed by Ofcom as part of its five-year wholesale fixed telecoms market review and have been allowed to increase by CPI to reflect the significant additional costs faced when deploying new infrastructure. Our £5 billion Project Gigabit programme is delivering lightning fast and reliable broadband to hard-to-reach areas right across the UK, as the noble Baroness says. That funding is available to a range of suppliers; where infrastructure is built using public subsidy, suppliers must make their networks available for use by other operators so that everybody can benefit.

Football: Illegal Entry to Matches

Lord Parkinson of Whitley Bay Excerpts

Wednesday 1st February 2023 Lords Chamber

[Lord Bassam of Brighton]

To ask His Majesty’s Government what consideration they have given to introducing new criminal sanctions in England and Wales for those tailgating to gain illegal entry at football matches; and what other measures they are planning to take further to The Baroness Casey Review: An independent Review of events surrounding the UEFA Euro 2020 Final ‘Euro Sunday’ at Wembley, published in December 2021.

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

My Lords, the Government keep tailgating under review. Any disorder associated with attempting to gain unauthorised entry may be a criminal offence, with a football banning order imposed following conviction. The safety of spectators at sporting events is of the highest importance. We continue to work closely with all the relevant authorities to ensure that football fans can continue to enjoy the sport safely. The review by the noble Baroness, Lady Casey of Blackstock, was commissioned by and reported to the English Football Association. The Government were referred to in four of the recommendations. Our approach to these is outlined in evidence to the DCMS Select Committee, a copy of which can be found in the Library.

[Lord Bassam of Brighton (Lab)]

My Lords, I am conscious that I have asked this Question before and also that the Minister has responded before. Would it not be of value to consider making this an offence, to deal with the issue of tailgating, as the review from the noble Baroness, Lady Casey, suggested? This is against the background of a worrying increase in disorder at football grounds this season, evidenced by the recent increase in pitch invasions. We can never be complacent about disorder at football games, and we should never be complacent about crowd safety.

[Lord Parkinson of Whitley Bay (Con)]

Absolutely—and we are not. As I have explained to the noble Lord before, we have taken action to implement a series of changes to the football banning order legislation with which he was associated when he was in government to help ensure safety at football matches. That included adding football related online hate crime to the list of offences, amending the threshold for the imposition of a banning order, extending the legislation to the women’s domestic game and adding football-related class A drug crimes to the list of offences. We continue to work with the police and football bodies to review disorder and consider whether any further action is necessary.

[Baroness Berridge (Con)]

My Lords, in relation to tailgating, could my noble friend the Minister outline whether the Government are considering making this an offence and making it slightly broader? This happens a lot on the Tube. Particularly as a woman, being tailgated through a barrier by somebody trying to come in behind you means you virtually are assaulted. TfL’s policy is not to do anything, probably because it is not an offence. Could the Minister review this to see whether it should be made an offence not just in football but on the Tube?

[Lord Parkinson of Whitley Bay (Con)]

My noble friend is right to point to the impact on people being followed through ticket barriers. Fare evasion is a criminal offence and Transport for London publishes its revenue enforcement and prosecutions policy. If convicted, people face a criminal record and a fine of up to £1,000, as well as compensation for the fares they have avoided, a victim surcharge and prosecution costs—so this is something that should not be done.

[The Lord Speaker (Lord McFall of Alcluith)]

My Lords, we have a remote contribution from the noble Baroness, Lady Brinton.

[Baroness Brinton (LD) [V]]

My Lords, one of the most shocking parts of the review from the noble Baroness, Lady Casey, was, yet again, the lack of information sharing and joined-up working between key bodies. That has been an issue at a number of serious and tragic events, including the Manchester Arena bombing. What are the Government doing to ensure that all relevant responsible bodies—whether statutory, voluntary or, as in the case of football, business—including the police, share information before, during and after events to keep people safe and to learn lessons after each event?

[Lord Parkinson of Whitley Bay (Con)]

The noble Baroness is right that the report from the noble Baroness, Lady Casey, had recommendations for a number of parties, and the Government have indeed spoken to the other parties for whom the recommendations were made. We will not respond on behalf of others, but we are working with them, not least the Sports Grounds Safety Authority, which we commissioned to conduct, and act on, research related to stewarding capacity in the events sector.

[Baroness Armstrong of Hill Top (Lab)]

My Lords, given that we know that there are increasing problems at football matches, what are the Government going to do to make sure that they address those issues now? We have an outstanding review of football governance, et cetera—to which the Government have not responded and on which they have not come out with their proposals—as well as the review from the noble Baroness, Lady Casey, on safety and security. We also know, if nothing else from yesterday’s mind-boggling figures for money spent in the transfer market, that there is a lot of money awash in the Premier League. In their response to the report of the Minister’s honourable friend in the other House, Tracey Crouch, perhaps they can look at how football itself improves stewardship, which was also one of the recommendations in the noble Baroness’s report. Will they make sure that they properly look after fans on a Saturday, on a Tuesday, on a Wednesday or whenever they go, by spending their money properly?

[Lord Parkinson of Whitley Bay (Con)]

The noble Baroness is right that there is action for everybody throughout football to ensure that people can enjoy the game safely. We should not overstate it; the vast majority of people who go to matches do so in a law-abiding way and help people do that. There is a minority of people who want to spoil that. As I have said, we have taken action to toughen football banning orders. The football authorities themselves have taken action, with the FA, the Premier League and the English Football League announcing tougher sanctions, including automatic reporting to the police of anyone participating in anti-social or criminal behaviour. On the fan-led review commissioned by my honourable friend Tracey Crouch, we will be coming forward in the coming weeks with our response.

[Lord Birt (CB)]

My Lords, it was an absolute miracle that there was no major loss of life at last year’s Champions League final at the Stade de France. It was a terrifying experience for many Liverpool fans who attended, of whom I was one. Four English teams have now reached the last 16 in this year’s Champions League, so one or more may very well reach the final. It is a matter of regret that UEFA’s own inquiry into last year’s events has yet to report. None the less, will the Minister undertake to approach UEFA to seek reassurance that all the many glaring operational failures seen in Paris will not be repeated at this year’s final in Istanbul?

[Lord Parkinson of Whitley Bay (Con)]

I am grateful to the noble Lord, who has provided some insights from his own experience of attending that match. We were all appalled to see the terrifying and potentially dangerous scenes that occurred there. The French Senate published its report on the final, which rejected the initial response from French Ministers to blame Liverpool FC fans. UEFA’s inquiry is ongoing, but a full report is due to be published soon. We are in close contact, at ministerial and official levels, with both the French Government and UEFA to ensure that their investigations align with experience and point to future matches, as the noble Lord suggested.

[Lord McLoughlin (Con)]

My Lords, a lot of support was given to the report from my honourable friend Tracey Crouch in moving her suggestions, and the overall governance of football, further forward. What progress are the Government making and when can we expect an announcement?

--- Later in debate ---

[Lord Parkinson of Whitley Bay (Con)]

The Government published their response to the recommendations made by the fan-led review in April last year. We remain committed to publishing a White Paper following up on that, which we will do in the coming weeks.

[Lord Addington (LD)]

My Lords, to return to the original Question, tailgating here or anywhere else is presumably already an offence. What briefing is given to both stewards, who should now be better trained as a result of this, and police, who are there to take action when it takes place? Also, are we looking at one of the other major areas in the Casey report—interference in the disabled access entrances, which were stormed at this event?

[Lord Parkinson of Whitley Bay (Con)]

The noble Lord is right: disorder associated with attempting to gain unauthorised entry may indeed be a criminal offence, and criminal punishment can follow. The Sports Grounds Safety Authority commissioned a review of stewarding, following the noble Baroness’s report, which looked at these issues. It is now working with football’s governing bodies to follow up on the points that were identified there. The noble Lord is right to draw attention to the way that disabled fans were particularly affected by people trying to follow them into matches—that is deplorable.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, I declare an interest as one of over 8,000 members of the Foundation of Hearts, which owns the largest fan-owned club in the whole of the United Kingdom. I have also had the great responsibility of writing a report for the Council of Europe on all the aspects of football that were raised by my noble friend Lady Armstrong. I know that, with his many responsibilities, the Minister may not have had an opportunity yet to read my report. Can I ask him to do so and write to me with responses from the Government—or I can table another Question to allow him to answer?

[Lord Parkinson of Whitley Bay (Con)]

I suspect the noble Lord might table another Question even when I have. But I will gladly read his report and ensure that my honourable friend the sports Minister, Stuart Andrew, does so as well, and one of us will write to him.

Trade (Mobile Roaming) Regulations 2023

Lord Parkinson of Whitley Bay Excerpts

Wednesday 1st February 2023 Lords Chamber

Moved by

[Lord Parkinson of Whitley Bay]

That the draft Regulations laid before the House on 15 December 2022 be approved.

Relevant document: 25th Report from the Secondary Legislation Scrutiny Committee. Considered in Grand Committee on 31 January.

Motion agreed.

Online Safety Bill

Lord Parkinson of Whitley Bay Excerpts

2nd reading
Wednesday 1st February 2023 Lords Chamber

Moved by

[Lord Parkinson of Whitley Bay]

That the Bill be now read a second time.

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

My Lords, I am very glad to be here to move the Second Reading of the Online Safety Bill. I know that this is a moment which has been long awaited in your Lordships’ House and noble Lords from across the House share the Government’s determination to make the online realm safer.

That is what this Bill seeks to do. As it stands, over three quarters of adults in this country express a concern about going online; similarly, the number of parents who feel the benefits outweigh the risks of their children being online has decreased rather than increased in recent years, falling from two-thirds in 2015 to barely over half in 2019. This is a terrible indictment of a means through which people of all ages are living increasing proportions of their lives, and it must change.

All of us have heard the horrific stories of children who have been exposed to dangerous and deeply harmful content online, and the tragic consequences of such experiences both for them and their families. I am very grateful to the noble Baroness, Lady Kidron, who arranged for a number of noble Lords, including me, to see some of the material which was pushed relentlessly at Molly Russell whose family have campaigned bravely and tirelessly to ensure that what happened to their daughter cannot happen to other young people. It is with that in mind, at the very outset of our scrutiny of this Bill, that I would like to express my gratitude to all those families who continue to fight for change and a safer, healthier online realm. Their work has been central to the development of this Bill. I am confident that, through it, the Government’s manifesto commitment to make the UK the safest place in the world to be online will be delivered.

This legislation establishes a regulatory regime which has safety at its heart. It is intended to change the mindset of technology companies so that they are forced to consider safety and risk mitigation when they begin to design their products, rather than as an afterthought.

All companies in scope will be required to tackle criminal content and activity online. If it is illegal offline; it is illegal online. All in-scope platforms and search services will need to consider in risk assessments the likelihood of illegal content or activity taking place on their site and put in place proportionate systems and processes to mitigate those risks. Companies will also have to take proactive measures against priority offences. This means platforms will be required to take proportionate steps to prevent people from encountering such content.

Not only that, but platforms will also need to mitigate the risk of the platform being used to facilitate or commit such an offence. Priority offences include, inter alia: terrorist material, child sexual abuse and exploitation, so-called revenge pornography and material encouraging or assisting suicide. In practice, this means that all in-scope platforms will have to remove this material quickly and will not be allowed to promote it in their algorithms.

Furthermore, for non-priority illegal content, platforms must have effective systems in place for its swift removal once this content has been flagged to them. Gone will be the days of lengthy and arduous complaints processes and platforms feigning ignorance of such content. They can and will be held to account.

As I have previously mentioned, the safety of children is of paramount importance in this Bill. While all users will be protected from illegal material, some types of legal content and activity are not suitable for children and can have a deeply damaging impact on their mental health and their developing sense of the world around them.

All in-scope services which are likely to be accessed by children will therefore be required to assess the risks to children on their service and put in place safety measures to protect child users from harmful and age inappropriate content. This includes content such as that promoting suicide, self-harm or eating disorders which does not meet a criminal threshold; pornography; and damaging behaviour such as bullying.

The Bill will require providers specifically to consider a number of risk factors as part of their risk assessments. These factors include how functionalities such as algorithms could affect children’s exposure to content harmful to children on their service, as well as children’s use of higher risk features on the service such as livestreaming or private messaging. Providers will need to take robust steps to mitigate and effectively manage any risks identified.

Companies will need to use measures such as age verification to prevent children from accessing content which poses the highest risk of harm to them, such as online pornography. Ofcom will be able to set out its expectations about the use of age assurance solutions, including age verification tools, through guidance. This guidance will also be able to refer to relevant standards. The Bill also now makes it clear that providers may need to use age assurance to identify the age of their users to meet the necessary child safety duties and effectively enforce age restrictions on their service.

The Government will set out in secondary legislation the priority categories of content harmful to children so that all companies are clear on what they need to protect children from. Our intention is to have the regime in place as soon as possible after Royal Assent, while ensuring the necessary preparations are completed effectively and service providers understand clearly what is expected. We are working closely with Ofcom and I will keep noble Lords appraised.

My ministerial colleagues in another place worked hard to strengthen these provisions and made commitments to introduce further provisions in your Lordships’ House. With regard to increased protections for children specifically, the Government will bring forward amendments at Committee stage to name the Children’s Commissioner for England as a statutory consultee for Ofcom when it is preparing a code of practice, ensuring that the experience of children and young people is accounted for during implementation.

We will also bring forward amendments to specify that category 1 companies—the largest and most risky platforms—will be required to publish a summary of their risk assessments for both illegal content and material that is harmful to children. This will increase transparency about illegal and harmful content on in-scope services and ensure that Ofcom can do its job regulating effectively.

We recognise the great suffering experienced by many families linked to children’s exposure to harmful content and the importance of this Bill in ending that. We must learn from the horrific events from the past to secure a safe future for children online.

We also understand that, unfortunately, people of any age may experience online abuse. For many adults, the internet is a positive source of entertainment and information and a way to connect with others; for some, however, it can be an arena for awful abuse. The Bill will therefore offer adult users a triple shield of protection when online, striking the right balance between protecting the right of adult users to access legal content freely, and empowering adults with the information and tools to manage their own online experience.

First, as I have outlined, all social media firms and search services will need to tackle illegal content and activity on their sites. Secondly, the Bill will require category 1 services to set clear terms of service regarding the user-generated content they prohibit and/or restrict access to, and to enforce those terms of service effectively. All the major social media platforms such as Meta, Twitter and TikTok say that they ban abuse and harassment online. They all say they ban the promotion of violence and violent threats, yet this content is still easily visible on those sites. People sign up to these platforms expecting one environment, and are presented with something completely different. This must stop.

As well as ensuring the platforms have proper systems to remove banned content, the Bill will also put an end to services arbitrarily removing legal content. The largest platform category 1 services must ensure that they remove or restrict access to content or ban or suspend users only where that is expressly allowed in their terms of service, or where they otherwise have a legal obligation to do so.

This Bill will make sure that adults have the information they need to make informed decisions about the sites they visit, and that platforms are held to their promises to users. Ofcom will have the power to hold platforms to their terms of service, creating a safer and more transparent environment for all.

Thirdly, category 1 services will have a duty to provide adults with tools they can use to reduce the likelihood that they encounter certain categories of content, if they so choose, or to alert them to the nature of that content. This includes content which encourages, promotes, or provides instructions for suicide, self-harm or eating disorders. People will also have the ability to filter out content from unverified users if they so wish. This Bill will mean that adult users will be empowered to make more informed choices about what services they use, and to have greater control over whom and what they engage with online.

It is impossible to speak about the aspects of the Bill which protect adults without, of course, mentioning freedom of expression. The Bill needs to strike a careful balance between protecting users online, while maintaining adults’ ability to have robust—even uncomfortable or unpleasant—conversations within the law if they so choose. Freedom of expression within the law is fundamental to our democracy, and it would not be right for the Government to interfere with what legal speech is permitted on private platforms. Instead, we have developed an approach based on choice and transparency for adult users, bounded by major platforms’ clear commercial incentives to provide a positive experience for their users.

Of course, we cannot have robust debate without being accurately informed of the current global and national landscape. That is why the Bill includes particular protections for recognised news publishers, content of democratic importance, and journalistic content. We have been clear that sanctioned news outlets such as RT, formerly Russia Today, must not benefit from these protections. We will therefore bring forward an amendment in your Lordships’ House explicitly to exclude entities subject to sanctions from the definition of a recognised news publisher.

Alongside the safety duties for children and the empowerment tools for adults, platforms must also have effective reporting and redress mechanisms in place. They will need to provide accessible and effective mechanisms for users to report content which is illegal or harmful, or where it breaches terms and conditions. Users will need to be given access to effective mechanisms to complain if content is removed without good reason.

The Bill will place a duty on platforms to ensure that those reporting mechanisms are backed up by timely and appropriate redress mechanisms. Currently, internet users often do not bother to report harmful content they encounter online, because they do not feel that their reports will be followed up. That too must change. If content has been unfairly removed, it should be reinstated. If content should not have been on the site in question, it should be taken down. If a complaint is not upheld, the reasons should be made clear to the person who made the report.

There have been calls—including from the noble Lord, Lord Stevenson of Balmacara, with whom I look forward to working constructively, as we have done heretofore—to use the Bill to create an online safety ombudsman. We will listen to all suggestions put forward to improve the Bill and the regime it ushers in with an open mind, but as he knows from our discussions, of this suggestion we are presently unconvinced. Ombudsman services in other sectors are expensive, often underused and primarily relate to complaints which result in financial compensation. We find it difficult to envisage how an ombudsman service could function in this area, where user complaints are likely to be complex and, in many cases, do not have the impetus of financial compensation behind them. Instead, the Bill ensures that, where providers’ user-reporting and redress mechanisms are not sufficient, Ofcom will have the power to take enforcement action and require the provider to improve its user-redress provisions to meet the standard required of them. I look forward to probing elements of the Bill such as this in Committee.

This regulatory framework could not be effective if Ofcom, as the independent regulator, did not have a robust suite of powers to take enforcement actions against companies which do not comply with their new duties, and if it failed to take the appropriate steps to protect people from harm. I believe the chairman of Ofcom, the noble Lord, Lord Grade of Yarmouth, is in his place. I am glad that he has been and will be following our debates on this important matter.

Through the Bill, Ofcom will have wide-ranging information-gathering powers to request any information from companies which is relevant to its safety functions. Where necessary, it will be able to ask a suitably skilled person to undertake a report on a company’s activity—for example, on its use of algorithms. If Ofcom decides to take enforcement action, it can require companies to take specific steps to come back into compliance.

Ofcom will also have the power to impose substantial fines of up to £18 million, or 10% of annual qualifying worldwide revenue, whichever is higher. For the biggest technology companies, this could easily amount to billions of pounds. These are significant measures, and we have heard directly from companies that are already changing their safety procedures to ensure they comply with these regulations.

If fines are not sufficient, or not deemed appropriate because of the severity of the breach, Ofcom will be able to apply for a court order allowing it to undertake business disruption measures. This could be blocking access to a website or preventing it making money via payment or advertising services. Of course, Ofcom will be able to take enforcement action against any company that provides services to people in the UK, wherever that company is located. This is important, given the global nature of the internet.

As the Bill stands, individual senior managers can be held criminally liable and face a fine for failing to ensure their platform complies with Ofcom’s information notice. Further, individual senior managers can face jail, a fine or both for failing to prevent the platform committing the offences of providing false information, encrypting information or destroying information in response to an information notice.

The Government have also listened to and acknowledged the need for senior managers to be made personally liable for a wider range of failures of compliance. We have therefore committed to tabling an amendment in your Lordships’ House which will be carefully designed to capture instances where senior managers have consented to or connived in ignoring enforceable requirements, risking serious harm to children. We are carefully designing this amendment to ensure that it can hold senior managers to account for their actions regarding the safety of children, without jeopardising the UK’s attractiveness as a place for technology companies to invest in and grow. We intend to base our offence on similar legislation recently passed in the Republic of Ireland, as well as looking carefully at relevant precedent in other sectors in the United Kingdom.

I have discussed the safety of children, adults, and everyone’s right to free speech. It is not possible to talk about this Bill without also discussing its protections for women and girls, who we know are disproportionately affected by online abuse. As I mentioned, all services in scope will need to seek out and remove priority illegal content proactively. There are a number of offences which disproportionately affect women and girls, such as revenge pornography and cyberstalking, which the Bill requires companies to tackle as a priority.

To strengthen protections for women in particular, we will be listing controlling or coercive behaviour as a priority offence. Companies will have to take proactive measures to tackle this type of illegal content. We will also bring forward an amendment to name the Victims’ Commissioner and the domestic abuse commissioner as statutory consultees for the codes of practice. This means there will be a requirement for Ofcom to consult both commissioners ahead of drafting and amending the codes of practice, ensuring that victims, particularly victims and survivors of domestic abuse, are better protected. The Secretary of State and our colleagues have been clear that women’s and girls’ voices must be heard clearly in developing this legislation.

I also want to take this opportunity to acknowledge the concerns voiced over the powers for the Secretary of State regarding direction in relation to codes of practice that currently appear in the Bill. That is a matter on which my honourable friend Paul Scully and I were pressed by your Lordships’ Communications and Digital Committee when we appeared before it last week. As we explained then, we remain committed to ensuring that Ofcom maintains its regulatory independence, which is vital to the success of this framework. As we are introducing ground-breaking regulation, our aim is to balance the need for the regulator’s independence with appropriate oversight by Parliament and the elected Government.

We intend to bring forward two changes to the existing power: first, replacing the “public policy” wording with a defined list of reasons that a direction can be made; and secondly, making it clear that this element of the power can only be used in exceptional circumstances. I would like to reassure noble Lords—as I sought to reassure the Select Committee—that the framework ensures that Parliament will always have the final say on codes of practice, and that strong safeguards are in place to ensure that the use of this power is transparent and proportionate.

Before we begin our scrutiny in earnest, it is also necessary to recognise that this Bill is not just establishing a regulatory framework. It also updates the criminal law concerning communication offences. I want to thank the Law Commission for its important work in helping to strengthen criminal law for victims. The inclusion of the new offences for false and threatening communications offers further necessary protections for those who need it most. In addition, the Bill includes new offences to criminalise cyberflashing and epilepsy trolling. We firmly believe that these new offences will make a substantive difference to the victims of such behaviour. The Government have also committed to adding an additional offence to address the encouragement or assistance of self-harm communications and offences addressing intimate image abuse online, including deep- fake pornography. Once these offences are introduced, all companies will need to treat this content as illegal under the framework and take action to prevent users from encountering it. These new offences will apply in respect of all victims of such activity, children as well as adults.

This Bill has been years in the making. I am proud to be standing here today as the debate begins in your Lordships’ House. I realise that noble Lords have been waiting long and patiently for this moment, but I know that they also appreciate that considerable work has already been done to ensure that this Bill is proportionate and fair, and that it provides the change that is needed.

A key part of that work was conducted by the Joint Committee, which conducted pre-legislative scrutiny of the Bill, drawing on expertise from across both Houses of Parliament, from all parties and none. I am very glad that all the Members of your Lordships’ House who served on that committee are speaking in today’s debate: the noble Baroness, Lady Kidron; the noble Lords, Lord Stevenson of Balmacara and Lord Knight of Weymouth, who have very helpfully been called to service on the Opposition Front Bench; the noble Lord, Lord Clement-Jones, who speaks for the Liberal Democrats; as well as my noble friends Lord Black of Brentwood and Lord Gilbert of Panteg.

While I look forward to the contributions of all Members of your Lordships’ House, and will continue the open-minded, collaborative approach established by my right honourable friend the Secretary of State and her predecessors—listening to all ideas which are advanced to make this Bill as effective as it can be—I urge noble Lords who are not yet so well-versed in its many clauses and provisions, or who might be disinclined to accept at first utterance the points I make from this Dispatch Box, to consult those noble Lords before bringing forward their amendments in later stages of the Bill. I say that not to discourage noble Lords from doing so, but in the spirit of ensuring that what they do bring forward, and our deliberations on them, will be pithy, focused, and conducive to making this Bill law as swiftly as possible. In that spirit, I shall draw my already too lengthy remarks to a close. I beg to move.

--- Later in debate ---

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I am grateful to the very many noble Lords who have spoken this afternoon and this evening. They have spoken with passion—we heard that in the voices of so many—about their own experiences, the experiences of their families and the experiences of far too many of our fellow subjects, who have harrowing examples of the need for this Bill. But noble Lords have also spoken with cool-headed precision and forensic care about the aspects of the Bill that demand our careful scrutiny. Both hearts and heads are needed to make this Bill worth the wait.

I am very grateful for the strong consensus that has come through in noble Lords’ speeches on the need to make this Bill law and to do so quickly, and therefore to do our work of scrutiny diligently and speedily. I am grateful for the very generous and public-spirited offer the noble Lord, Lord Stevenson, has just issued. I, too, would like to make this not a party-political matter; it is not and has not been in the speeches we have heard today. The work of your Lordships’ House is to consider these matters in detail and without party politics intruding, and it would be very good if we could proceed on the basis of collaboration, co-operation and, on occasion, compromise.

In that spirit, I should say at the outset that I share the challenge faced by the noble Lords, Lord Clement-Jones and Lord Stevenson. Given that so many speakers have chosen to contribute, I will not be able to cover or acknowledge everyone who has spoken. I shall undoubtedly have to write on many of the issues to provide the technical detail that the matters they have raised deserve. It is my intention to write to noble Lords and invite them to join a series of meetings to look in depth at some of the themes and areas between now and Committee, so that as a group we can have well-informed discussions in Committee. I shall write with details suggesting some of those themes, and if noble Lords feel that I have missed any, or particular areas they would like to continue to talk about, please let me know and I will be happy to facilitate those.

I want to touch on a few of the issues raised today. I shall not repeat some of the points I made in my opening speech, given the hour. Many noble Lords raised the very troubling issue of children accessing pornography online, and I want to talk about that initially. The Government share the concerns raised about the lack of protections for children from this harmful and deeply unsuitable content. That is why the Bill introduces world-leading protections for children from online pornography. The Bill will cover all online sites offering pornography, including commercial pornography sites, social media, video-sharing platforms and fora, as well as search engines, which play a significant role in enabling children to access harmful and age-inappropriate content online. These companies will have to prevent children accessing pornography or face huge fines. To ensure that children are protected from this content, companies will need to put in place measures such as age verification, or demonstrate that the approach they are taking delivers the same level of protection for children.

While the Bill does not mandate that companies use specific technologies to comply with these new duties, in order to ensure that the Bill is properly future-proofed, we expect Ofcom to take a robust approach to sites which pose the highest risk of harm to children, including sites hosting online pornography. That may include directing the use of age verification technologies. Age verification is also referred to in the Bill. This is to make clear that these are measures that the Government expect to be used for complying with the duties under Part 3 and Part 5 to protect children from online pornography. Our intention is to have the regime operational as soon as possible after Royal Assent, while ensuring that the necessary preparations are completed effectively and that service providers understand what is expected of them. We are working very closely with Ofcom to ensure this.

The noble Lord, Lord Morrow, and others asked about putting age verification in the Bill more clearly, as was the case with the Digital Economy Act. The Online Safety Bill includes references to age assurance and age verification in the way I have just set out. That is to make clear that these are measures which the Government expect to be used for complying with the duties where proportionate to do so. While age assurance and age verification are referred to in the Bill, the Government do not mandate the use of specific approaches or technologies. That is similar to the approach taken in the Digital Economy Act, which did not mandate the use of a particular technology either.

I think my noble friend Lord Bethell prefers the definition of pornography in Part 3 of the Digital Economy Act. There is already a robust definition of “pornographic content” in this Bill which is more straightforward for providers and Ofcom to apply. That is important. The definition we have used is similar to the definition of pornographic content used in existing legislation such as the Coroners and Justice Act 2009. It is also in line with the approach being taken by Ofcom to regulate UK-established video-sharing platforms, meaning that the industry will already have familiarity with this definition and that Ofcom will already have experience in regulating content which meets this definition. That means it can take action more swiftly. However, I have heard the very large number of noble Lords who are inclined to support the work that my noble friend is doing in the amendments he has proposed. I am grateful for the time he has already dedicated to conversations with the Secretary of State and me on this and look forward to discussing it in more detail with him between now and Committee.

A number of noble Lords, including the noble Baronesses, Lady Finlay of Llandaff and Lady Kennedy of The Shaws, talked about algorithms. All platforms will need to undertake risk assessments for illegal content. Services likely to be accessed by children will need to undertake a children’s risk assessment to ensure they understand the risks associated with their services. That includes taking into account in particular the risk of algorithms used by their service. In addition, the Bill includes powers to ensure that Ofcom is able effectively to assess whether companies are fulfilling their regulatory requirements, including in relation to the operating of their algorithms. Ofcom will have the power to require information from companies about the operation of their algorithms and the power to investigate non-compliance as well as the power to interview employees. It will have the power to require regulated service providers to undergo a skilled persons report and to audit company systems and processes, including in relation to their algorithms.

The noble Baroness, Lady Kidron, rightly received many tributes for her years of work in relation to so many aspects of this Bill. She pressed me on bereaved parents’ access to data and, as she knows, it is a complex issue. I am very grateful to her for the time she has given to the meetings that the Secretary of State and I have had with her and with colleagues from the Ministry of Justice on this issue, which we continue to look at very carefully. We acknowledge the distress that some parents have indeed experienced in situations such as this and we will continue to work with her and the Ministry of Justice very carefully to assess this matter, mindful of its complexities which, of course, were something the Joint Committee grappled with as well.

The noble Baroness, Lady Featherstone, my noble friend Lady Wyld and others focused on the new cyberflashing offence and suggested that a consent-based approach would be preferable. The Law Commission looked at that in drawing up its proposals for action in this area. The Law Commission’s report raised concerns about the nature of consent in instant messaging conversations, particularly where there are misjudged attempts at humour or intimacy that could particularly affect young people. There is a risk, which we will want to explore in Committee, of overcriminalising young people. That is why the Government have brought forward proposals based on the Law Commission’s work. If noble Lords are finding it difficult to see the Law Commission’s reports, I am very happy to draw them to their attention so that they can benefit from the consultation and thought it conducted on this difficult issue.

The noble Baroness, Lady Gohir, talked about the impact on body image of edited images in advertising. Through its work on the online advertising programme, DCMS is considering how the Government should approach advertisements that contribute to body image concerns. A consultation on this programme closed in June 2022. We are currently analysing the responses to the consultation and developing policy. Where there is harmful user-generated content related to body image that risks having an adverse physical or psychological impact on children, the Online Safety Bill will require platforms to take action against that. Under the Bill’s existing risk assessment duties, regulated services are required to consider how media literacy can be used to mitigate harm for child users. That could include using content provenance technology, which can empower people to identify when content has been digitally altered in ways such as the noble Baroness mentioned.

A number of noble Lords focused on the changes made in relation to the so-called “legal but harmful” measures to ensure that adults have the tools they need to curate and control their experience online. In particular, noble Lords suggested that removing the requirement for companies to conduct risk assessments in relation to a list of priority content harmful to adults would reduce protections available for users. I do not agree with that assessment. The new duties will empower adult users to make informed choices about the services they use and to protect themselves on the largest platforms. The new duties will require the largest platforms to enforce all their terms of service regarding the moderation of user-generated content, not just the categories of content covered in a list in secondary legislation. The largest platforms already prohibit the most abusive and harmful content. Under the new duties, platforms will be required to keep their promises to users and take action to remove it.

There was rightly particular focus on vulnerable adult users. The noble Baronesses, Lady Hollins and Lady Campbell of Surbiton, and others spoke powerfully about that. The Bill will give vulnerable adult users, including people with disabilities, greater control over their online experience too. When using a category 1 service, they will be able to reduce their exposure to online abuse and hatred by having tools to limit the likelihood of their encountering such content or to alert them to the nature of it. They will also have greater control over content that promotes, encourages or provides instructions for suicide, self-harm and eating disorders. User reporting and redress provisions must be easy to access by all users, including people with a disability and adults with caring responsibilities who are providing assistance. Ofcom is of course subject to the public sector equality duty as well, so when performing its duties, including writing its codes of practice, it will need to take into account the ways in which people with protected characteristics, including people with disabilities, can be affected. I would be very happy to meet the noble Baronesses and others on this important matter.

The noble Lords, Lord Hastings of Scarisbrick and Lord Londesborough, and others talked about media literacy. The Government fully recognise the importance of that in achieving online safety. As well as ensuring that companies take action to keep users safe through this Bill, we are taking steps to educate and empower them to make safe and informed choices online. First, the Bill strengthens Ofcom’s existing media literacy functions. Media literacy is included in Ofcom’s new transparency reporting and information-gathering powers. In response to recommendations from the Joint Committee, the legislation also now specifies media literacy in the risk-assessment duties. In July 2021, DCMS published the online media literacy strategy, which sets out our ambition to improve national media literacy. We have committed to publishing annual action plans in each financial year until 2024-25, setting out our plans to deliver that. Furthermore, in December of that year, Ofcom published Ofcom’s Approach to Online Media Literacy, which includes an ambitious range of work focusing on media literacy.

Your Lordships’ House is, understandably, not generally enthusiastic about secondary legislation and secondary legislative powers, so I was grateful for the recognition by many tonight of the importance of providing for them in certain specific instances through this Bill. As the noble Lord, Lord Brooke of Alverthorpe, put it, there may be loopholes that Parliament wishes to close, and quickly. My noble friend Lord Inglewood spoke of the need for “living legislation”, and it is important to stress, as many have, that this Bill seeks to be technology-neutral—not specifying particular technological approaches that may quickly become obsolete—in order to cater for new threats and challenges as yet not envisaged. Some of those threats and challenges were alluded to in the powerful speech of my noble friend Lord Sarfraz. I know noble Lords will scrutinise those secondary powers carefully. I can tell my noble friend that the Bill does apply to companies that enable users to share content online or interact with each other, as well as to search services. That includes a broad range of services, including the metaverse. Where haptics enable user interaction, companies must take action. The Bill is also clear that content generated by bots is in scope where it interacts with user-generated content such as on Twitter, but not if the bot is controlled by or on behalf of the service, such as providing customer services for a particular site.

Given the range of secondary powers and the changing technological landscape, a number of noble Lords understandably focused on the need for post-legislative scrutiny. The Bill has undoubtedly benefited from pre-legislative scrutiny. As I said to my noble friend Lady Stowell of Beeston in her committee last week, we remain open-minded on the best way of doing that. We must ensure that once this regime is in force, it has the impact we all want it to have. Ongoing parliamentary scrutiny will be vital in ensuring that is the case. We do not intend to legislate for a new committee, not least because it is for Parliament itself to decide what committees it sets up. But I welcome further views on how we ensure that we have effective parliamentary scrutiny, and I look forward to discussing that in Committee. We have also made it very clear that the Secretary of State will undertake a review of the effectiveness of the regime between two and five years after it comes into force, producing a report that will then be laid in Parliament, thus providing a statutory opportunity for Parliament to scrutinise the effectiveness of the legislation.

My noble friend and other members of her committee followed up with a letter to me about the Secretary of State’s powers. I shall reply to that letter in detail and make that available to all noble Lords to see ahead of Committee. This is ground-breaking legislation, and we have to balance the need for regulatory independence with the appropriate oversight for Parliament and the Government. In particular, concerns were raised about the Secretary of State’s power of direction in Clause 39. Ofcom’s independence and expertise will be of utmost importance here, but the very broad nature of online harms means that there may be subjects that go beyond its expertise and remit as a regulator. That was echoed by Ofcom itself when giving evidence to the Joint Committee: it noted that there will clearly be some issues in respect of which the Government have access to expertise and information that the regulator does not, such as national security.

The framework in the Bill ensures that Parliament will always have the final say on codes of practice, and the use of the affirmative procedure will further ensure that there is an increased level of scrutiny in the exceptional cases where that element of the power is used. As I said, I know that we will look at that in detail in Committee.

My noble friend Lord Black of Brentwood, quoting Stanley Baldwin, talked about the protections for journalistic content. He and others are right that the free press is a cornerstone of British democracy; that is why the Bill has been designed to protect press and media freedom and why it includes robust provisions to ensure that people can continue to access diverse news sources online. Category 1 companies will have a new duty to safeguard all journalistic content shared on their platform, which includes citizen journalism. Platforms will need to put systems and processes in place to protect journalistic content, and they must enforce their terms of service consistently across all moderation and in relation to journalistic content. They will also need to put in place expedited appeals processes for producers of journalistic content.

The noble Baroness, Lady Anderson of Stoke-on-Trent, spoke powerfully about the appalling abuse and threats of violence she sustained in her democratic duties, and the noble Baroness, Lady Foster, spoke powerfully of the way in which that is putting off people, particularly women, from going into public life. The noble Baroness, Lady Anderson, asked about a specific issue: the automatic deletion of material and the implications for prosecution. We have been mindful of the scenario where malicious users post threatening content which they then delete themselves, and of the burden on services that retaining that information in bulk would cause. We have also been mindful of the imperative to ensure that illegal content cannot be shared and amplified online by being left there. The retention of data for law enforcement purposes is strictly regulated, particularly through the Investigatory Powers Act, which the noble Lord, Lord Anderson of Ipswich, is reviewing at the request of the Home Secretary. I suggest that the noble Baroness and I meet to speak about that in detail, mindful of that ongoing review and the need to bring people to justice.

The noble Baroness, Lady Chakrabarti, asked about sex for rent. Existing offences can be used to prosecute that practice, including Sections 52 and 53 of the Sexual Offences Act 2003, both of which are listed as priority offences in Schedule 7 to the Bill. As a result, all in-scope services must take proactive measures to prevent people being exposed to such content.

The noble Lord, Lord Davies of Brixton, and others talked about scams. The largest and most popular platforms and search engines—category 1 and category 2A services in the Bill—will have a duty to prevent paid-for fraudulent adverts appearing on their services, making it harder for fraudsters to advertise scams online. We know that that can be a particularly devastating crime. The online advertising programme builds on this duty in the Bill and will look at the role of the whole advertising system in relation to fraud, as well as the full gamut of other harms which are caused.

My noble friend Lady Fraser talked about the devolution aspects, which we will certainly look at. Internet services are a reserved matter for the UK Government. The list of priority offences in Schedule 7 can be updated only by the Secretary of State, subject to approval by this Parliament.

The right reverend Prelate the Bishop of Manchester asked about regulatory co-operation, and we recognise the importance of that. Ofcom has existing and strong relationships with other regulators, such as the ICO and the CMA, which has been supported and strengthened by the establishment of the Digital Regulation Cooperation Forum in 2020. We have used the Bill to strengthen Ofcom’s ability to work closely with, and to disclose information to, other regulatory bodies. Clause 104 ensures that Ofcom can do that, and the Bill also requires Ofcom to consult the Information Commissioner.

I do not want to go on at undue length—I am mindful of the fact that we will have detailed debates on all these issues and many more in Committee—but I wish to conclude by reiterating my thanks to all noble Lords, including the many who were not able to speak today but to whom I have already spoken outside the Chamber. They all continue to engage constructively with this legislation to ensure that it meets our shared objectives of protecting children and giving people a safe experience online. I look forward to working with noble Lords in that continued spirit.

My noble friend Lady Morgan of Cotes admitted to being one of the cavalcade of Secretaries of State who have worked on this Bill; I pay tribute to her work both in and out of office. I am pleased that my right honourable friend the Secretary of State was here to observe part of our debate today and, like all noble Lords, I am humbled that Ian Russell has been here to follow our debate in its entirety. The experience of his family and too many others must remain uppermost in our minds as we carry out our duty on the Bill before us; I know that it will be. We have an important task before us, and I look forward to getting to it.

Bill read a second time.

Online Safety Bill

Lord Parkinson of Whitley Bay Excerpts

Wednesday 1st February 2023 Lords Chamber

Moved by

[Lord Parkinson of Whitley Bay]

That the bill be committed to a Committee of the Whole House, and that it be an instruction to the Committee of the Whole House that they consider the bill in the following order:

Clauses 1 to 3, Schedules 1 and 2, Clauses 4 to 31, Schedule 3, Clauses 32 to 37, Schedule 4, Clauses 38 to 53, Schedules 5 to 7, Clauses 54 to 68, Schedule 8, Clauses 69 to 71, Schedule 9, Clauses 72 to 80, Schedule 10, Clauses 81 to 85, Schedule 11, Clauses 86 to 97, Schedule 12, Clauses 98 to 130, Schedule 13, Clauses 131 to 169, Schedule 14, Clauses 170 to 174, Schedule 15, Clauses 175 to 185, Schedule 16, Clauses 186 to 187, Schedule 17, Clauses 188 to 212, Title.

Motion agreed.