Digital Economy Bill

Baroness Kidron Excerpts

Committee: 2nd sitting (Hansard - continued): House of Lords
Thursday 2nd February 2017 Lords Chamber

[Lord Storey (LD)]

My Lords, I added my name to the amendment. I find it bizarre that we have spoken for a couple of hours now about the dangers of internet pornography, and we have rightly worried about sexting, the harm that inappropriate images would cause to children, and about possible dating sites, but when it comes to educating children and young people we wring our hands and walk away from it. I do not understand that. Any parent would want their children to know what is going on. As the noble Baroness said, any child would want to have professionals talking these issues over with them and educating them about them.

Children need to be taught about the dangers of meeting people online, the risks of dating apps, the consequences of sexting and the problem that young girls feel they have to look and appear in a certain way. No wonder the levels of anxiety and depression among teenage girls are, as we have heard, the highest ever. Research by the DfE—not some distant organisation, but the Government’s own department—found that 37% of girls feel miserable and worthless. That should not be happening in 2017. What on earth is going on? There are frightening levels of self-harm, with a 52% increase in the number of admissions of self-harming children under the age of 16.

I congratulate the noble Lord, Lord Stevenson, on putting down this amendment. He and many Members of this Chamber—on the Government Benches, on the Opposition Benches and on the Cross Benches—know that we have raised this issue over and again. During all the time that we have pressed for such a measure to be introduced, the Government have shrugged their shoulders and said, “Well, you can do it”. Yes, it is compulsory in maintained schools, but it is not compulsory in academies or free schools. As academies now make up more than 70% of our secondary schools, there is real concern about what is happening with sex and relationship education.

It is interesting that Ofsted found in 2013 that 40% of schools that offered sex and relationship education required improvement or were inadequate in their provision of it. Even though schools provide the subject, there is real doubt about the quality of that provision. The noble Baroness was right that it has to be properly taught and that we have to ensure that the syllabus is of the highest possible level.

I want to cite a couple of other figures which highlight how worrying this whole issue is. In 2016, a parliamentary report found that almost a third of 16 to 18 year-old girls had experienced touching at school, while 70% of 11 to 15 year-olds in England said that they believed sex education should be compulsory, and a whopping 94% said that they wanted to learn about the risks and consequences of sharing pictures with people online or on social media. Our own children want us to make this subject available at school. Will we not listen to them? Barnardo’s research shows that three-quarters of young people believe that sex and relationship education would make them feel safer.

What are the arguments against? It used to be, “Well, this is for the parents to do”. The argument that I now hear raised from time to time is, “Well, we couldn’t really force faith schools to teach sex and relationship education, because some aspects of it might go against their own religious belief”. Really? I just do not accept that. Faith schools do a hugely important job in our society, but part of that job must also be protecting our young children. I and my party wholeheartedly support this amendment.

[Baroness Kidron (CB)]

My Lords, since the Bill introduces age verification, it follows that children must be informed users. Not only does that make it more likely that they observe it but it would give teachers the necessary opportunity to discuss what they might find a difficult subject. Like others, I believe that this is a tiny part of a broader picture.

As some noble Lords know, I regularly speak in schools about pornography but more broadly about young people and their relationship to the internet. I have to report to the Committee that they have a palpable appetite for better digital education, not only SRE but a much broader digital education. By that, they mean a comprehensive understanding of the purposes and methods by which platforms and businesses interact with them, their rights as consumers and citizens and their urgent desire for some code of conduct. Interestingly, they want a code of conduct that covers their behaviour to each other. They also want a code of conduct that would determine the behaviour of businesses and platforms towards them. Above all else, you find what they want is a single moral landscape that recognises that the distinction between online and offline is completely immaterial to them.

Part 3 of the Bill deals with a single issue and this amendment deals with a narrow piece of learning. But the young people I speak to yearn for more. They repeatedly complain that e-safety is narrow, repetitive, badly delivered, and comes in the wrong lessons and from the wrong teachers. Although they themselves have fast fingers, many if not most have little idea of the workings of the technology they are using, let alone the full gamut of risk, from fake news to fake friends. A young person who can spot spam without clicking, is one less likely to see the unwanted adult sexual content that is our subject today. A young person who is knowledgeable about the way their personal data are collected is less likely to make bad decisions about what, where and when to give them up.

Children are not simply the objects of our concern; they are participants in their own good outcomes. We must learn to listen to their stated needs, not relentlessly pursue an adult agenda. I direct the Minister to the recent report of the Children’s Commissioner, Growing up Digital; to the report published this week, The Internet on our Own Terms, which captures the policy recommendations of young people; and to the evidence collected by the Communication Committee’s inquiry “Children and the Internet”, all of which has a great deal to say about the value, nature and scope of the education that children need.

In supporting this amendment I ask the Minister not only to recommend it to colleagues, but to listen very carefully to young people about the scope of the learning and the manner of teaching that they feel makes them secure and able users of the internet, which ultimately will help them to be contributors to the cultural shift that must accompany the legislation that is in front of us.

[Lord Paddick]

My Lords, I shall speak very briefly, as my name is on this amendment, to support what other noble Lords have said and echo the noble Baroness, Lady Jones of Whitchurch, in that we also tried to table a broader compulsory sex and relationship education amendment to the Bill but were told it was out of scope.

We have to address the fact that despite our best efforts young people, and indeed very young children, will be confronted with inappropriate images and inappropriate adult material on the internet, and they need to be taught how to respond. They need to be taught to turn it off immediately and to tell their parents about what is happening. Older children need to be told that the way in which actors in pornographic films treat each other is not the way that we expect our young people to treat each other.

--- Later in debate ---

[Lord Clement-Jones]

My Lords, as the noble Lord, Lord Stevenson, has said, we strongly support this amendment and I am grateful to him for having tabled it. I shall go into a little more detail than he was able to do in order to illustrate some aspects that very much concern the creative industries. A substantial and growing threat is posed to the creative industries by a combination of faster broadband speeds and the widespread availability of cheap plug-and-play devices offering access to infringing software. These devices can be simply plugged into TV sets, offering viewers increasingly easy access to pirated digital content. The Government’s IP enforcement strategy recognises this threat.

The creative industries are deeply concerned about the growing scale of digital TV piracy and have noted a significant increase in the levels of illegal streaming, which inevitably undermines business models within these industries and threatens investment in new content creation. Clearly, the challenge needs to be met on multiple levels, including education campaigns, use of technology, increased enforcement activity and, crucially, clearer laws which are simpler to enforce.

There are a variety of ways that users access infringing content. Typically, this involves a device such as a USB stick or small android box which is plugged into a TV set using a standard connection. The device can be “fully loaded”, meaning it has software and add-ons preconfigured, giving access to thousands of streams, or users can purchase boxes with software such as Kodi installed—an open-source software platform—and then source and configure their own illegal add-ons. The Government’s own statistics highlight the significant growth in the use of this technology, and research by the Industry Trust for IP Awareness shows worrying signs that such behaviour is becoming normalised and socially acceptable.

The scale of the problem is very significant. Listings on Amazon give the boxes a legitimacy—the Industry Trust study revealed that 44% of people assume that if they buy a box or stick from a retailer such as Amazon, it must be legal. An Amazon search for “Kodi” just yesterday auto-completed with “Kodi box fully loaded” and “Kodi fully loaded TV box with Sky Sports and Movies”. That “Kodi” search produces 4,554 results. The first listing is highlighted as an Amazon best-seller and is on offer through Amazon Prime, despite the Q&A under it saying rather different things. IPTV boxes, as they are called, are widely available, with more than 14,000 listings across 511 online marketplaces, equating to more than 4 million items in stock globally. There are more than 200,000 videos on YouTube providing a step-by-step guide on how to install and use Kodi add-ons in order to stream free TV.

Given the rapid growth of such devices, it is not unreasonable to suggest that illegal IPTV boxes could become the second largest pay-TV operator in the UK within 18 months. Despite the IP enforcement strategy identifying the problem, there appears to be a reluctance to make the law simpler and more effective. At present, law enforcement has to rely on general provisions, such as aiding and abetting offences under the Fraud Act, or encouraging offences under the Serious Crime Act. This is because the Copyright, Designs and Patents Act does not address today’s or future issues, and the various offences in it do not include what is by far the most prevalent offence today: the supply of devices intended to commit digital piracy. A specific offence is much needed and was proposed in the other place as an amendment to the Bill.

There are examples of law enforcement agencies such as trading standards and PIPCU being unable to pursue strong cases due to the lack of an appropriate offence. As a result, despite the industry dedicating considerable resources over a long period to protecting its intellectual property through existing enforcement mechanisms, there has been insufficient success and what limited progress has been made has taken far too long. Now, a fit-for-purpose enforcement regime is needed which is kept up to date with technological advancements and new risks posed. This requires the creation in the CDPA of a specific offence relating to devices used for IP infringement.

We have been told that over the past year, the Sky security team has identified more than 100 cases involving digital TV piracy, but they have been extremely difficult to pursue through trading standards or, indeed, through PIPCU. The industry has gone to the extent of seeking counsel’s advice on whether anything in existing law adequately covers the offences involved. It is clear that, while there has been a recent successful five-week private prosecution of a complex case involving pan-European organised crime, this is not the most efficient way to deal with a new challenge. The CDPA, originally written in 1988, needs to be updated to reflect new technology and the subsequent risks posed. New legislation would help trading standards to prosecute those preloading and distributing IP devices.

I very much hope that the Minister will take this opportunity to support this important amendment.

[Baroness Kidron]

I too support Amendments 71B and 79A. It is perhaps worth reiterating my interests as a film maker and, therefore, often a rights holder. I share the concerns of broadcasters about the challenges of piracy and the implications for future financing of original content. The noble Lord, Lord Clement-Jones, has done justice to that point.

This is also a generational issue, as 11 to 15 year-olds are the biggest users of these devices, which are plugged directly into television sets. Technical studies of IPTV use recently conducted by the Industry Trust revealed that they often include unauthorised apps, add-ons and advertising, and totally bypass the current systems of parental control, age rating and BBFC guidance. They are not subject to the usual protections that apply to content that we normally view on our television screens. If they can be bought from legitimate retailers and paid for through legitimate payment providers, we can hardly blame people for not really understanding that they are illegal.

Contrary to the Minister’s previous suggestion that I might like to shut down Twitter—far from it. By what other means would I know what the American President was thinking day and night? I am not a huge fan of blocking or censorship.

I beg noble Lords’ patience, as I want to go back to something that we may have gone through. It is about consistency. My argument is all about consistency. I was disappointed by what the Minister said about social media companies, which seem to have picked up very few responsibilities this afternoon.

I wonder whether we have done the maths right. Surely, even a small slice of these huge companies with their billions of daily interactions is comparable with the large sites entirely dedicated to pornography. I have listened very carefully to the debate and wonder whether, if we had been using the word monetise rather than commercial, we might have got a little closer to where we need to go. I hope I will be forgiven for going back to Part 3, but I have risen to speak about consistency.

Given the ambition of Part 3 of the Bill, it seems inappropriate that unregulated content is being delivered to TV screens outside of Ofcom or BBFC oversight. I feel that every child, parent or carer should have access to the technical and regulatory protections while streaming content on their TV screens, should they elect to use them. The current legislative framework is out of date and does not make it sufficiently clear that devices adapted for digital TV piracy should not be sold by legitimate online retailers. As a result, children are watching content in an unregulated context. That should be a factor when considering the merits of these amendments.