Social Media Use: Minimum Age

Chris Bryant Excerpts

Monday 24th February 2025 Westminster Hall

[The Minister for Data Protection and Telecoms (Chris Bryant)]

It is always a delight to see you, Mr Vickers—and particularly to see you in the Chair, where you cannot take part in the debate.

First, may I pay enormous tribute to Kim Campbell? Many other Members have already done so, but it is a significant achievement to force Parliament to debate something. Getting 130,000 people to sign up to the petition is a phenomenal achievement, so thank you very much. I think I can say that on behalf of all the political parties in Parliament and all Members of the House.

I also thank my hon. and learned Friend the Member for Folkestone and Hythe (Tony Vaughan): first because he is a Labour Member for Folkestone and Hythe, which is a great advance in the world, and secondly because he advanced the cause on behalf of the Petitions Committee so effectively. Many Members may not know this, but when I was first elected back in 1873 under Queen Victoria, we did not have online petitions. It is an irony, in a way, that today we are talking about an online e-petition about online activity.

If colleagues do not mind, I will not answer each contribution individually. Members have put their own arguments powerfully; there has been a mix of views, but with a general direction of travel, which I fully understand and to which I am very sympathetic. I want to lay out where we are at now and where we, as a Government, think that we could get to and should get to.

The first thing to recognise is the utter toxicity of large parts of social media. You do not have to be an MP to be aware of that, but being an MP certainly does make you aware of it. The toxicity for children is utterly degrading and pernicious, as I think everybody in society recognises. We all recognise, too, that the social media companies need to go much further to protect children. We have talked about some of the misogyny that is evident on many platforms and to which kids have access—it is pumped at them, in fact, because that is sometimes what the algorithm seems to support. Similarly, there are large amounts of utter misinformation. I do not know who is driving that or why it is being driven; sometimes it may be state actors from elsewhere in the world, and sometimes it is just pernicious actors in their own right.

Completely unrealistic body shapes are being promoted to girls and, for that matter, to boys. There was a time when the concern was solely that girls were being encouraged to be a particular shape, but exactly the same concern applies to many young men and boys today. I used to be a priest in the Church of England, many years ago; I was a clergyman in High Wycombe. While I was the curate there, a young girl took her own life, and then three of her friends took their own life in successive months. Undoubtedly, they had somehow or other managed to engage one another in that spiral. That was long before social media. Now, social media can play a pernicious role in undermining young people’s self-confidence and their belief in themselves through a whole series of images, videos and so on. That is very dangerous.

Tackling this is one of the most important things that the Government have to do. It is good to have a former Education Secretary, the right hon. Member for East Hampshire (Damian Hinds), with us today.

[Mr Frith]

Will the Minister give way?

[Chris Bryant]

Yes, of course; my hon. Friend is always intervening on me.

[Mr Frith]

I thank the Minister; as ever, he has been very generous and is making excellent remarks. Away from the emergency—the toxicity and the worst aspects of this—the mundane sapping of hour after hour after hour is just as dangerous when we consider social media use and our ineffective guardrails for smartphone use. Yes, we all agree that the content the Minister has described should be done away with and prevented, but what is his reflection on the mundane drip and sapping away of the energy and attention of our young people and the doomscrolling ethos that has developed in their expectation of their everyday lives?

[Chris Bryant]

I do not want to be a hypocrite; this 63-year-old engages in all those things as well. In fact, it is a shocking shame for me every time I get that notification that says, “You spent on average x number of hours a day on your mobile phone.” I can make justifications—I have to find out what an hon. Member’s seat is, I have to send things back to my private office on WhatsApp and all of those kind of things—but the truth is that if somebody had said to us 40 years ago that they were going to invent something that would make us all, in an addictive way, spend hours and hours and hours looking at a phone rather than engaging with other human beings, we would have said, “Maybe not, eh?”

I was really struck by that when I went to a primary school in Blaengarw in my patch. The headteacher was saying that one of the difficulties is that all the parents waiting to pick up their kids were on their mobile phones outside, as the hon. Member for Mid Sussex (Alison Bennett) mentioned earlier. Whatever they did inside the school, the message that every single child got was that life was about being on a mobile phone. As has been said, one of the most important things that a parent can do is engage eye to eye with their children. If they are engaging eye to eye only with their phone, I would argue that that is as much of a problem. I will come on to some of the issues, but I do not want to be hypocritical about it.

I think we all accept that we have to do more. One thing that was not included in the list of things that someone might do if they did not have a mobile phone to spend all their time on was reading a book. I would love more young people to read a book. That longer attention span is one of the things that is an admirable part of being an adult human being.

Several hon. Members referred to the fact that legislation needs to keep up. I will put this very gently to Conservative Members: we argued for an online safety Act for a long time before one ended up becoming legislation. It went through a draft process, and there were lots of rows about what should and should not be in it, and whether we were impinging on freedom of speech and all those kinds of things, but the legislation did not end up on the statute books until the end of 2023. Even then, the Act provided for a fairly slow process of implementation thereafter, partly because Ofcom was taking on powers that, on that day, it simply would not have had enough staff to engage with. The process has been difficult, and I am absolutely certain that the Online Safety Act will not be the end of this story. That is why the Secretary of State for Science, Innovation and Technology has said clearly that everything is “on the table”, and that is why today’s debate is so important.

Of course, legislation has to be proportionate, balanced, based on evidence—I will come to that in more detail in a moment—and effective. That is why the Online Safety Act will require all platforms that are in scope, including social media platforms, to set up robust systems and processes to tackle the most egregious illegal content or activity proactively, preventing users from encountering it in the first place. Platforms will be required to remove all other illegal content as soon as it is flagged to them.

The Act will also require platforms easily accessed by children—this goes to a point made by several people—to deploy measures to protect children from seeing content that is harmful to them. That includes the use of highly effective age assurance to prevent them from seeing the most harmful types of content, such as that which promotes, encourages or provides instructions for self-harm, suicide or eating disorders. Platforms will also be required to provide age-appropriate access for other types of harmful content, such as bullying, abusive content or content that encourages dangerous stunts or serious violence.

Additionally, under the Act, providers that specify a minimum age limit to access their site must specify how they enforce that in their terms of service and must do so consistently. As many Members have said, this spring will be a key moment in the implementation of the Act, and that is an important point for us to recognise: later this year, things will change, because of the implementation of the Online Safety Act. Ofcom has already set out its draft child safety codes of practice, which are the measures that companies must take to fulfil their duties under the Act.

Ofcom’s draft codes outline that all in-scope services, including social media sites, will be required to tackle algorithms that amplify harm and feed harmful material to children. I would argue that that includes the process of trying to make something addictive for a child. Services will have to configure their algorithms to filter out the most harmful types of content from children’s feeds, and to reduce the visibility and prominence of other harmful content. In January, Ofcom published its guidance for services to implement highly effective age assurance to meet their duties, including the types of technology capable of being highly effective at correctly determining whether a user is a child.

[Josh MacAlister]

Will the Minister give way?

[Chris Bryant]

Yes, of course. I am about to come to my hon. Friend’s speech, in fact.

[Josh MacAlister]

I and a number of colleagues have had fairly extensive dialogue with Ofcom over the past few months about some of the detailed points, and there are two important gaps in the existing legislation. First, social media companies might put in a minimum age requirement, but there is no power to provide that social media platforms need to have a minimum age requirement to start with, so there is a big gap in the legislation in that respect. Secondly, despite the fairly extensive drafting in the Act, there is no requirement on Ofcom to look at functionality beyond where it relates to harmful content. Ofcom has stated clearly in writing to myself and other Members that it cannot regulate functionality unless it is specifically about harmful content, so much of what has been discussed today would not be covered by Ofcom’s current powers.

[Chris Bryant]

There are four or five different areas where the legislation is not sufficient for the task. Both codes require parliamentary approval, but that process will happen in the next few weeks, with the powers coming into effect this spring. As a Government, we have to decide whether it is better to make that happen now and bed it in, or say that we will have another piece of legislation. I am not allowed to make commitments on behalf of the Government, but I would be absolutely amazed if they did not bring forward further legislation in this field in the next few years. All these issues—and the others that will come along—will definitely need to be addressed, not least because, as my hon. and learned Friend the Member for Folkestone and Hythe said at the beginning of the debate, we need to make sure that the legislation is up to date.

My hon. Friend the Member for Whitehaven and Workington (Josh MacAlister) talked about the burden of proof, and he is quite right. Of course there should not be a one-way burden of proof. We have to bear in mind two things about proof—perhaps evidence is a better word, because it is not about criminality; it is about evidence-based policy. The first is that, as everybody has said, causation is not correlation. I apologise for the slightly flippant way of putting this, but Marathon became Snickers at the same time as Mrs Thatcher gave way to John Major. I am not aware of any causal relationship between those two events. Many people understand that, but it is often very difficult to weed out what is causation and what is correlation in a specific set of events. For instance, we have all laid out the problems in relation to mental health for children, but only one Member mentioned covid. I would argue that covid is quite a significant player. It was shocking that we strove hard as a Parliament to open pubs again before we opened schools, and that children, who were at the least risk, bore the heaviest burden and that sacrifice on behalf of others. I think we need to factor that in.

The second point is something that I have campaigned on for quite a long time: acquired brain injury. Children from poorer backgrounds are four times more likely to suffer a brain injury under the age of five than kids from wealthier backgrounds, and again in their teenage years. Acquired brain injury in schools is barely recognised. Some schools respond to it remarkably well, but it is likely that there are somewhere between one and three children with a brain injury in every single primary class in this land. Nobody has yet done sufficient work on how much that has contributed to the mental health problems that children have today. We certainly know that the use of phones and screens after brain injury is a significant added factor, but we need to look at all the factors that affect the mental health of children to ensure that we target the specific things that really will work in a combination of policy changes.

[Damian Hinds]

The Minister speaks with a great deal of knowledge and authority, particularly on acquired brain injury, but I want to come back to the covid point. Obviously, a Westminster Hall debate is not the place to establish correlation versus causality in any sense. However, if we look at a graph of what has happened with children’s and young people’s mental ill health in this country, France, Germany and the United States, while the data are not perfectly comparable, the shape of the line is not consistent with the hypothesis that it is mainly the result of covid. It predates covid, and it carries on going up afterwards.

[Chris Bryant]

I am sorry if I indicated that it was mainly covid; I was not trying to say that at all. I am simply saying that that is one factor, and there may be many others—social factors, personal factors and the structure of education. One could argue, as one of my hon. Friends did, that there are other things that kids could do in society. We might, for instance, want to intervene by having a creative education option. We hardly have a youth service in most of the country any more.

[Damian Hinds]

The Minister would be making perfectly adequate points if we were talking only about this country. We could make all sorts of points about what Government policy was and what happened to Sure Start, the curriculum and youth clubs, but those things did not happen in France, Germany or the United States.

[Chris Bryant]

I have not seen any of the statistics for what has happened to youth services and the cultural education offer in schools in France and other countries.

[Damian Hinds]

I think the Minister takes my point.

[Chris Bryant]

No, I do not. I am trying to make a very simple point: many factors have contributed to the mental health problems that many young people have, and social media is undoubtedly one. The question is, how do we rate and address all those different factors? As the hon. Member for Harpenden and Berkhamsted (Victoria Collins) said, we must address this from a public health angle, and that is essential. But then, when we have the whole bag of evidence, rather than just individual bits of evidence, the question is, what is the most useful intervention that we can make?

I want to come on to the definition issues. Several Members raised the issue of what social media is. That is partially addressed by the Online Safety Act, but we may want to go further. As to the reason why the previous Government landed on 13 rather than 16—which was an option available to them—the consultation at the time came back with 13. It is interesting that Members referred to content availability and to there being two ages in the UK that are generally reckoned to be part of the age of majority: 16 and 18. Actually, for film classification, it is 12 and 15. There is an argument for saying that we ought to look at film classification because it is long established and—although the issues are different in many regards—some of them are similar. We might want to learn from that—I say this from my Department for Culture, Media and Sport angle—to inform the debate on this matter.

On enforcement, several Members referred to the fact that there is no point in just changing the law; if we do that but have no form of enforcement, that is worse than useless. That is one of the Government’s anxieties, and we need to make sure that the enforcement process works properly. I take the point that there are two areas where Ofcom feels it is unable to act, because the law does not allow it to do so, and we will need to look at that. That is why we are keen to get to the moment in April when the two codes will be voted on in Parliament. We will then make sure that Ofcom has not just the powers but the ability to enforce. As my hon. Friend the Member for Congleton (Mrs Russell) said, Ofcom has the power to fine up to £18 million, or 10% of qualifying worldwide revenue in the relevant year, which could be a substantial amount, but it needs to ensure it is in a legally effective position to do so.

My final point is that the Secretary of State has made it clear that nothing is off the table. We are keen to act in this space. The question is, how do we act most proportionately and effectively in a way that tackles the real problem? Some of that is about how the evidence stacks up, and some of it is about when the right time to legislate is. But, as I said earlier, I do not think for a single instant that this debate or the Online Safety Act will be the end of the story. I would be amazed if there were not further legislation, in some shape or other, in this field in the next two or three years.

With that, I once again thank Kim Campbell for bringing the petition to us, and I thank my hon. and learned Friend the Member for Folkestone and Hythe for introducing the debate on behalf of the Petitions Committee.