Health and Care Bill

Karen Bradley Excerpts

Report stage
Monday 22nd November 2021 Commons Chamber

[Greg Smith]

My right hon. Friend has hit the nail on the head: if we are to tackle obesity as a country, we have to look at the most successful outcomes. Fundamentally, I believe those to be ones of education, ensuring that parents are empowered to be able to make the best decisions for their children and ensuring that people are empowered to come to the right choices for themselves. The point about these amendments is to ensure that we are not giving a green light to one side while harshly penalising another for hosting these adverts.

The nub of the point is that the broadcasters will, in effect, have to pre-clear any advertising that is put on to their platform and there will be very harsh penalties, leading right up to the point of revocation of their broadcast licence, if they fail to do this. By contrast, although the Bill puts significant restrictions on the online platforms, they are not put through that same test. They are not put through the same harsh restrictions and requirements that are broadcasters are. This is especially important when we consider recent evidence that has been put into the public domain. The Advertising Standards Authority recently drew considerable attention to the mass flouting of the rules by online influencers across many sectors. This House’s Select Committee on Work and Pensions made an important point about online regulation in a report in March this year on protecting pension savers. It said:

“Regulators appear powerless to hold online firms to account”—

for online advertisements—

“in the same way they would be able to for traditional media.”

We need to bear that in mind as we consider this Bill, because if current regulations do not work in that field, I fear that the regulations on online providers proposed in this Bill will not either.

I offer these amendments as a call to those on the Treasury Bench, including the Minister for Health, my hon. Friend the Member for Charnwood (Edward Argar)—an excellent Minister who will consider these points carefully—to rethink the practicalities of what we are saying to the broadcast and online sectors. If the Government are intent on pushing this forward, I ask them to find that parity that ensures that broadcasters are not unfairly penalised. Great British broadcasters—ITV, Channel 4, Channel Five, Sky—already produce some incredible educational programming about diet, cooking, wellbeing and lifestyle. It would be horrendous for us to cut off their lifeline of funding.

[Karen Bradley (Staffordshire Moorlands) (Con)]

I have put my name to my hon. Friend’s amendments because I agree with the points that he makes.

It is surely vital that those responsible broadcasters should not be penalised when they are doing the right thing—and yet there is effectively a wild west on the internet, where we are simply not able to manage the issue. I recognise that the Minister will be concerned that the online harms Bill will also deal with some of these matters, but we need to find a cross-Government way of dealing with this.

[Greg Smith]

My right hon. Friend is absolutely right and speaks with great experience from her time as Secretary of State at DCMS. That is the fundamental point of the amendments; it is not a complex or difficult case, but purely one of fairness and treating the different platforms—the diverse media of 2021—the same, rather than pretending that the media from the old analogue age can somehow be treated differently from those of the digital age.

Let us not cut off the lifeline that funds so many good educational programmes. Let us think again about restrictions on advertisers, move forward in a way that can enable people to make the right and healthy choices about what they and their children eat without this level of restriction, and ensure that, when restriction is brought in, it is fair.