Online Pornography: Age Verification

John Whittingdale Excerpts

Thursday 20th June 2019 Commons Chamber

[Jeremy Wright]

I thank the hon. Lady for her remarks. As she knows, I have spoken to the shadow Secretary of State about this issue—I accept that he cannot be here today and I am grateful to her for stepping in.

The hon. Lady raised a number of issues, starting with when I discovered the error. The answer to that is Friday last week, and my hon. Friend the Minister for Digital and the Creative Industries found out a couple of days before that. As the House would expect, we have spent the intervening time seeking to confirm that there is no alternative way of doing what I have described. We do not believe there is, hence the course of actions that I have set out to the House.

The hon. Lady rightly asked about personal data and privacy, which is an area of concern. As she knows, it was discussed during the passage of the Digital Economy Act 2017 and subsequently. I do not believe that it is impossible to reconcile the important requirement that people’s data and privacy are protected with the equally important requirement that children are protected from material they should not see. It is perfectly feasible to do those two things in parallel, which is what we seek through our approach. As she knows, the British Board of Film Classification, which will be the regulator for this, has taken steps to ensure that beyond the requirement on all relevant companies under the general data protection regulation parameters, an additional scheme will be available to those who wish to take advantage of it. That scheme will set out a higher gold standard for privacy, which we believe should be publicised to those who may wish to use these services.

The hon. Lady mentioned sanctions, but she will recognise that the issue under discussion is not sanctions for a breach of the requirements, but notification of them to the European Union. It is important to understand changes in technology and the additional challenges they throw up, and she is right to say that the so-called “D over H” changes will present additional challenges. We are working through those now and speaking to the browsers, which is where we must focus our attention. As the hon. Lady rightly says, the use of these protocols will make it more difficult, if not impossible, for ISPs to do what we ask, but it is possible for browsers to do that. We are therefore talking to browsers about how that might practically be done, and the Minister and I will continue those conversations to ensure that these provisions can continue to be effective.

[Mr John Whittingdale (Maldon) (Con)]

Is my right hon. and learned Friend aware that this is not the first time that a DCMS measure has had to be reintroduced because of a failure to notify the EU Commission? I hope that that problem will soon be removed, but while it exists, will he use this extra time to ensure that we get the measure right? There are still concerns on the grounds of freedom of speech and privacy, and about the ease with which measures can be circumvented through the use of virtual private networks. Will he raise similar concerns with the Information Commissioner to ensure that the age appropriate design code is right? It is much more important that it is properly designed than that it is rushed into place.

[Jeremy Wright]

I suspect that my right hon. Friend knows from experience that this is not the first time that such a thing has happened, but I am doing my level best to ensure it is the last. It is important that we have new mechanisms to ensure that such oversights are not repeated, and that is exactly what I am doing at the moment. He is correct that we should use the time we now have to get this right and to work through some of the additional challenges that I described a moment ago—we will do that. It is important that we understand these technological changes and, if I may say so, that validates our approach in the online harms White Paper, which was not to be prescriptive about technology, but to ensure that we adapt our systems as technology moves. We will seek to do the same on this point.

My right hon. Friend mentioned the age appropriate design code which, as he rightly says, is produced by the Information Commissioner, not the Government. He is right that it is important that we do not to rush this and that the Information Commissioner takes full account of the responses to the consultation. Having spoken to the Information Commissioner, I know that she will take full account of all the comments before taking the matter any further.