Oral Answers to Questions
Lindsay Hoyle Excerpts(1 year, 1 month ago)
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Sir John Whittingdale
There is a great deal of work going on around AI to develop a framework of regulation, as was originally set out in the White Paper. The hon. Gentleman’s point about algorithmic bias is a serious one; it is being studied by the Centre for Data Ethics and Innovation, and obviously we will look very carefully at that.
Thangam Debbonaire (Bristol West) (Lab)
People working in the creative industries have been completely let down by the Tories, including on real concerns about the impact of AI. The Government have not responded to the consultation on their own AI White Paper or the report on AI and the creative industries. They have not got to grips with the issue at all. Creative people need to know whether they will be properly rewarded for their incredible talents, now and in the future. When will the Government set out a proper plan to protect creators?
Stuart Andrew
I know that my hon. Friend has a keen interest in this area. We absolutely recognise the relationship between betting and racing, and have no intention of over-regulating. In fact, it is the current system that is inconsistent, and we want to bring some uniformity to it. We have had several meetings with racing stakeholders, the gambling industry and the Gambling Commission this week. We have been very clear that we will not mandate checks until we are confident that they are frictionless and that the majority of those who enjoy gambling safely can continue to do so, while protecting those who may enter gambling harm.
Jim Shannon (Strangford) (DUP)
I thank the Minister for his response. The terrible weather conditions in the last three or four weeks has had an impact on the horse- racing sector. The races at Down Royal, on the edge of my constituency, were cancelled because the flooding was of biblical proportions. Horseracing is very important to my constituents, and many people are involved in it. That had an impact on their ability to attend. Has the Minister had discussions with other Departments to ensure that any help that can be given to the horseracing sector for those races that were lost is given?
Lucy Frazer
I understand the hon. Member’s concerns: Bury has suffered in the past, as have many other clubs across the country. That is why we are bringing in a regulator. I have had a number of conversations with the leagues, my parliamentary colleagues and fans to make sure that we get the regulation right. We committed in our manifesto to bring forward a fan-led review White Paper. We have done so, and we are at a very advanced stage, having announced the football governance Bill in the King’s Speech. I note that Labour did nothing in its 13 years in office.
Dame Caroline Dinenage (Gosport) (Con)
The inclusion of football governance in the King’s Speech is very welcome. Will my right hon. and learned Friend confirm what discussions she has had with the FA on whether the independent regulator will include women’s football, and when the Government intend to publish their response to the Carney review?
Lucy Frazer
We want to ensure that we get the regulator right. It is essential that we protect fans and bring forward the legislation that the Labour party failed to bring forward. The legislation will strike absolutely the right balance between protecting fans and ensuring that our premier league and our football remain a competitive, world-class sport across the globe.
Stephanie Peacock (Barnsley East) (Lab)
Football clubs are more than businesses; they are at the heart of communities up and down the country, but too many clubs are being pushed to the brink, leaving fans from Scunthorpe to Reading worried that their club might be damaged beyond repair by the time a regulator is brought in. Will the Secretary of State update us on what immediate action and interim measures the Department is taking to ensure that an independent regulator for football is ready to go as soon as new legislation is passed?
Michael Fabricant
If I were to say, “Hey, Siri, can I have GB News radio?” or “Alexa, play GB News radio”—[Interruption.] Of course I would say GB News radio. It is the most successful news channel now, pulling in a bigger audience at most times of the day than either the BBC News channel or Sky—TalkTV cannot even be measured. Anyway, I am going off the subject.
Mr Speaker
Order. I am trying to help you, because if you do not get to the question, you will not be asking it. Come on!
Michael Fabricant
My question is: what provisions are in place, if any, to ensure that if I do say those things, I get GB News radio, not another channel, and I am not charged for it?
Lucy Frazer
The measures in the Media Bill will protect the position of radio in relation to voice-activated smart speakers, ensuring that listeners can find their favourite radio stations on request. In particular, when a listener requests a specific station, they should receive that station.
Sir John Whittingdale
I am sorry that I was unable to hear the visiting group from the hon. Lady’s constituency, but I am delighted that it came. As I have said, we are investing £25 million in the provision of musical instruments through music hubs. I can tell her that the proportion of pupils studying for a music qualification at key stage 4 over the past years has remained stable at about 7% to 8%.
Barbara Keeley (Worsley and Eccles South) (Lab)
I have to say that the Bath young carers played wonderfully, and I really enjoyed listening to them.
Ofsted recently stated that there remains a
“divide between children and young people whose families can afford to pay for music tuition and those who come from lower socio-economic backgrounds.”
I share the concern just expressed about the impact this is having. The money promised for musical instruments in June 2022, which the Minister has just mentioned, has still not been distributed to schools, and it now sounds as though that money is not going to arrive until autumn 2024. Will that delay not just mean that more children are not able to learn to play an instrument? What action can the Minister take to speed it up?
Eddie Hughes
I am delighted to have to declare an interest, because my cousin, Ray Reidy, has just been appointed interim chief financial officer at Aston Villa. As an Aston Villa fan myself, I know how difficult it is to get away from a game using Witton train station. Will the Minister join me, Andy Street and the combined authority, in working to develop the capacity of Witton train station in advance of that stadium being used for the Euros in 2028?
Sir John Whittingdale
We are continuing to work to make it easier for musicians from this country to tour in Europe, and we have managed to establish arrangements with 24 out of 27 member states that now allow visa and work permit-free routes for UK performers for short-term touring. We continue to engage in discussions with countries individually to make further improvements.
Kirsty Blackman (Aberdeen North) (SNP)
The post-Brexit tightening of immigration rules and the Brexit-caused cost of living crisis are having a disproportionate impact on the creative sector, as the UK Government continue to squeeze public services. In advance of the autumn statement next week, what representations are the Secretary of State and the Department making to the Chancellor to ensure that the creative sector is adequately funded and protected, so that Scotland can receive the Barnett consequentials from that in order to continue to support our wonderful and, as the Minister says, world-leading creative industry?
The Secretary of State for Culture, Media and Sport (Lucy Frazer)
May I first welcome the new Secretary of State to her place—[Interruption.] I mean the shadow Secretary of State. I also welcome all the new Ministers: it is a pleasure to work with them and I look forward to doing so over the coming months.
Since we last met for questions, my Department has been busy delivering on the priorities of the Government. On Monday, the Under-Secretary of State for Culture, Media and Sport, my right hon. Friend the Member for Pudsey (Stuart Andrew) and I met more than 150 businesses in Manchester to ensure that we build the creative industries not just in London but across the north. We made an announcement to drive growth in our creative industries with more than £10 million to scale up hundreds of creative industry businesses.
We are protecting and upholding media freedom, with an updated national action plan for the safety of journalists, and a new taskforce to tackle the misuse of strategic lawsuits against public participation by individuals who want to muzzle the press. As well as that, we are creating opportunities across the UK—
Mr Speaker
Order. I am sorry, but we have only eight minutes for topicals and I really am struggling to get everyone in. I call Gavin Newlands.
Gavin Newlands
Tonight, Scotland will play what amounts to a dead rubber because we have qualified for the Euros with two games to spare. It is an unusual feeling for us and we do not know quite what to do. Generations of young Scottish football fans, unlike their English and Welsh counterparts, are unable to see their national football team on free-to-air television. Scotland is one of only seven out of 55 UEFA countries where the national team is hidden behind a paywall. In these times when families are really struggling, does the Secretary of State think that is fair in principle?
Lucy Frazer
I did not catch all of the hon. Gentleman’s question, but I think he asked about broadcasting rights and Scottish teams. He needs to understand, because he raises this question from time to time, that there is a balance between audience numbers and commercial revenues for sport. As he knows, sport is devolved to the Scottish Government—
Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (Con)
Andrew Selous
The payments by parishes to dioceses, often known as common fund or parish share, are voluntary payments towards the cost of ministry in those parishes and in the wider Church. It is a matter for dioceses how they work with their parishes to encourage them to contribute, but I would certainly very strongly encourage every church to make a fair contribution to the costs of their ministry and, where they can, to help others in poorer areas.
Sir Peter Bottomley (Worthing West) (Con)
I reinforce what the right hon. Member for Exeter (Mr Bradshaw) said about the general welcome in the House for the movement towards equality and fairness. We have had it on ordination; we now have it on same-sex relationships up to a point. Through my hon. Friend, I ask those who are disappointed with this movement forward to think of the pain that they have caused by resisting the change for so many people, whether by sex or orientation, over the past decades.
Sir Charles Walker
I also want to say what an honour it is to be answering questions on behalf of the Restoration and Renewal Client Board in addition to the Commission—two fabulous bodies led by you, Mr Speaker.
Oral Answers to Questions
Lindsay Hoyle Excerpts(1 year, 6 months ago)
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Lucy Frazer
The hon. Gentleman is absolutely right to highlight the importance of sport. A significant proportion of the £300 million that is going into sports facilities across the country will go to disadvantaged areas. As I mentioned, we are bringing forward a sports strategy that will set out how we ensure that everybody around the country can take part in sport and that it is inclusive for everybody.
Mr Speaker
Obviously, if we beat the Australians in the tests, that would be even better for young people. Let us go to Chris Elmore, a big cricketer.
Chris Elmore (Ogmore) (Lab)
Stuart Andrew
We took careful consideration of precisely that matter when we developed the White Paper. The financial risk checks outlined in that White Paper will be designed so that they are frictionless. The majority of people who enjoy a flutter and for whom it causes no harm whatsoever will not notice any difference, but hopefully this will identify much earlier on those who are getting into an area where this is causing harm, so that we can act fast. The racing industry can be assured that the Government are on its side.
Jim Shannon (Strangford) (DUP)
If you take my tip, I am afraid you will be in trouble, Mr Speaker. I am not a gambler, but I do have a very active and vibrant horse sector in my constituency. There is racing at Maze and at Downpatrick. The sector is so important. Gambling, which sits alongside that, is also important for the horse-racing sector. Can the Minister assure me that whatever happens in relation to the gambling review, the horse sector will benefit, which will be to the benefit of my constituents in Strangford?
Sir John Whittingdale
I recall the debate that has already taken place in this House on this matter, which was very widely attended. We heard from across the Chamber how much local radio is supported in each of the various areas represented by Members who spoke. The BBC does do a lot of consultation, but I agree that it is very important that local people should be able to make their views known on that proposal.
Stephanie Peacock (Barnsley East) (Lab)
It is one of the BBC’s public purposes to reflect, represent and serve diverse communities of all of the UK’s nations and regions, yet when deciding to change local radio programmes so that they are regional after 2 pm—further to the question asked by the hon. Member for South West Bedfordshire (Andrew Selous)—the BBC did not offer the communities affected any form of public consultation. Does the Minister agree that losing local radio as we know it would inevitably weaken the BBC’s ability to fulfil its purposes, and that it is not too late for the BBC to think again?
Sir John Whittingdale
The BBC is not proposing to scrap local radio. However, the changes proposed will mean that, for parts of the day and at weekends, areas of the country will be part of a much bigger area for broadcast than previously. That is what is causing concern. I know that the BBC has met hon. Members in this House recently, but I encourage hon. Members to continue to reflect the views of their constituents directly to the BBC.
Chi Onwurah (Newcastle upon Tyne Central) (Lab)
Stuart Andrew
The hon. Lady is absolutely right to highlight the importance of the work of many swimming pools and leisure centres up and down the country. It is precisely because of the messages I heard from them that we were successful in getting that £60 million in the Budget. £20 million of that will help with initial costs, and the other £40 million will help to make those swimming pools and leisure centres more resilient in the future. The criteria will be released very shortly so that the hon. Lady’s particular pool can apply for that money at that time.
Jeff Smith (Manchester, Withington) (Lab)
It has now been three months since the £60 million swimming pool support fund was announced, and still nobody has received any money. As the Minister has said, £23 million is revenue funding, which according to the Local Government Association works out at only £25,000 per pool, and that will not arrive until September. The rest is capital, which will be allocated by a yet to be determined bidding process and will not happen until December. Why is it taking so long to get even this level of support out when our swimming pools are at risk of closure?
Sir John Whittingdale
My hon. Friend is a fantastic champion of his constituency and in particular its railway heritage. A number of different initiatives are planned. My noble Friend the Minister for arts has been talking to Network Rail about its plans to celebrate the 200th anniversary, and the Department for Transport is championing the bicentenary celebrations across Government. I encourage my hon. Friend to talk to the Department for Transport and Network Rail and to please come back to me or my colleagues in the Department if we can be of further assistance.
Kerry McCarthy (Bristol East) (Lab)
Sir John Whittingdale
We have reached a position where nearly all member states—24 out of 27—offer visa and work permit-free routes for musicians and creative performers, and we will continue to engage with the three remaining. We will also engage on this with the EU in our more general discussions. On the specific issue that the hon. Lady raises about portable instruments, while ATA carnets are new for touring in the EU, arrangements are more workable than has sometimes been reported. We have confirmed that portable musical instruments carried in or on a vehicle can be transported cost free and should not require ATA carnets.
Barbara Keeley (Worsley and Eccles South) (Lab)
This year, there will be a third fewer British performers playing at festivals across Europe than before Brexit. Whatever the Minister says, I have heard from orchestra leaders that promoters in Europe are now less willing to book UK musicians. The difficulties of touring now include impractical cabotage rules, the steep cost of carnets, and the bureaucratic nightmare of A1 forms and CITES—convention on international trade in endangered species—certificates. How can we be a truly global Britain when the Government are not acting to remove these barriers to international touring for musicians?
Sir John Whittingdale
We are fortunate in this country to have some of the finest performers in the world, and I am keen to ensure that as many people across the world are able to enjoy their performances, so we will continue to work on this. As I said to the hon. Member for Bristol East (Kerry McCarthy), we have already made significant progress in obtaining visa agreements so that musicians no longer have to obtain visas, and we will continue to work with the Musicians’ Union and others to make it easier in the future.
John Nicolson (Ochil and South Perthshire) (SNP)
This is all of course very much worse than the situation that existed before Brexit. Paul Smith, the chief executive officer of the VOCES8 Foundation, a UK touring group with a music education programme, has described Brexit as a “bl— nightmare” for musicians looking to tour in the European Union, and has said:
“Our industry is on its knees and we have to fight more than ever”.
Talented Scottish singer Iona Fyfe has said that in Europe
“many promoters, festivals and organisers are simply choosing not to book emerging acts from the UK to avoid the bureaucratic headache.”
We have seen the loss of 50,000 jobs in the UK music sector since Brexit—a shocking waste of talent. How many more will it take before UK Ministers address their responsibilities to the sector and stick up for musicians?
Lucy Frazer
I am happy to join my hon. Friend in congratulating Dudley Town football club on its tremendous season, its league title and its promotion. I understand the importance to fans of where football is played, and fans want to watch their teams play in Dudley town. I wish the club well in its aspirations to return there.
Lucy Powell (Manchester Central) (Lab/Co-op)
On that note, perhaps the Secretary of State will also join me in congratulating my constituents and my club, Manchester City, on its historic treble-winning season. As yet another Premier League AGM passes, and Wigan Athletic faces a winding up order, why has the Secretary of State not personally done more to bring about a fair financial settlement with the English Football League and the Football Association, to address the problems set out in her own White Paper and press the Premier League to do more? Does she share my strong view that the football regulator must be given all the powers it needs to resolve this matter?
Lucy Frazer
Of course I congratulate Manchester City on its tremendous achievement. It is really important that football sorts out the finances within football. That is why we have consistently encouraged the Premier League and the EFL to come to some resolution, and I seriously hope they do. The hon. Lady will know that that is one of the reasons why we brought forward the White Paper, and why we are bringing forward regulation. I hope that football resolves this issue itself.
Mr Speaker
The Clerk of the House is in tears; he’s a Manchester United fan.
Mr Rob Roberts (Delyn) (Ind)
Andrew Selous
I am very pleased to be able to tell my right hon. Friend that the new co-director of music at St Mary’s church in Fordingbridge, Hazel Ricketts, is running a singing club, working with 53 children in local schools every week. Her expertise in church music will enable that work to expand next term to include all four local schools, both primary and secondary. I am sure that my right hon. Friend will want to go to enjoy this wonderful singing for himself.
Jim Shannon (Strangford) (DUP)
I am afraid that, as it says in the Bible, I make a joyful noise—it is never melodious, but it is always joyful and always noisy. I am very keen to encourage school choirs and church choirs to sing together. We have a tradition of that in my constituency. What can the hon. Gentleman do to ensure that Strangford can be a part of the project he is talking about?
Richard Thomson
The Under-Secretary of State for Levelling Up, Housing and Communities, the hon. Member for Bishop Auckland (Dehenna Davison), said that the evaluation of anecdotal feedback shows that the roll-out of voter ID has been successful. The Electoral Commission warned that the introduction of voter ID should be delayed until after the English local elections in May—
Mr Speaker
Order. The hon. Gentleman is meant to be speaking through the Chair. The advantage of doing it this way is that we do not personalise things.
Richard Thomson
My apologies, Mr Speaker.
Does the Electoral Commission now share similar views to the Department for Levelling Up, Housing and Communities that the roll-out of voter ID has been a success?
Cat Smith
The Electoral Commission will shortly be publishing its report on the local government elections in May. It will include data collected by returning officers, but also public polling to catch the people who did not get as far as the polling station. The issue of equality impact assessments is a matter for the Government, and I would encourage the hon. Lady to raise it during the upcoming questions to the Department for Levelling Up, Housing and Communities.
Oral Answers to Questions
Lindsay Hoyle Excerpts(1 year, 10 months ago)
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Julia Lopez
The hon. Gentleman highlights just how important good connectivity is to accessing all the services that are going online. One great thing about Northern Ireland is some of the progress that it has made on gigabit connectivity from its contract with Fibrus, and we thank Fibrus for all that it has done. I am happy to look into any of the issues that he raises, but, as I have said, he highlights very well just why it is so important that people do have that connectivity.
Stephanie Peacock (Barnsley East) (Lab)
Thank you, Mr Speaker. I wish to begin by echoing your words about Holocaust Memorial Day.
From April, families across the country will face a 14% rise to their broadband bills, but, even before that increase, there were already more than 1 million households struggling to pay for the internet. Expanding gigabit coverage is vital, but it is pointless if families cannot afford a broadband package. How will the Department work with Ofcom to examine the impact of mid-contract price increases and wholesale prices rising by inflation?
Julia Lopez
I thank the hon. Lady for her question. She is right to highlight the cost of living challenges that are affecting so many households. We have worked hard on this. It is important that we have a stable regulatory framework that allows companies to invest, but we have hitherto had some of the most competitive telecoms prices in Europe and consumers have benefited from that. In relation to those who are really struggling with their bills, we have done a lot of work with telecoms providers on social tariffs. Unfortunately, the uptake of those tariffs is not where it should be, so I ask every Member of this House to help us raise awareness, because their constituents can get deals from as little as £10 a month. Trying to get them that connectivity is so important to people’s job chances, life chances and so on.
Nicola Richards (West Bromwich East) (Con)
Stuart Andrew
Heritage and culture play a vital role in many of our communities, including in the Blyth valley, showing that they are great places to live, work and visit. I am delighted that the Department and our outside bodies are funding projects there, including the £96,000 for Headway Arts. That is just what we want to see. Of course, I would be more than happy to visit my hon. Friend’s constituency. As I represent the home of the original Harry Ramsden’s, I would be interested to compare them with good old Yorkshire fish and chips.
Angela Richardson
I am incredibly proud of the Yvonne Arnaud theatre in Guildford and the outreach work that it does in the wards of Stoke and Westborough, which have some of the highest rates of deprivation and the lowest health outcomes in Surrey. It does all that work outside the national portfolio organisation framework, with little support from the local authority. To truly level up accessibility to the arts for my constituents, what can the Department do to encourage local authorities to recognise and support arts organisations that sit outside the NPO framework?
Stuart Andrew
The hon. Lady is absolutely right: when we talk about access for all, we absolutely mean it. The disability unit in the Government has launched an enhanced and expanded programme of disability and access ambassadors to help us drive progress in increasing access. I am pleased that many of our establishments are working on that at speed.
Barbara Keeley (Worsley and Eccles South) (Lab)
The accessibility of cultural organisations will be affected greatly by the Government’s tapering of orchestra tax relief and theatre tax relief from April. The Association of British Orchestras tells me that the 50% rate has enabled orchestras to survive at a time when box office and other earned income is falling. It has enabled concerts in non- traditional venues, reaching new audiences in underserved communities. However, the tapered rate will cost some national organisations as much as £3 million. Jobs will be lost, there will be cuts to productions, and outreach work, such as that we have heard about, will not be possible. Some orchestras and theatres will just not survive. Will the Minister ask the Chancellor to review urgently the reduction in orchestra and theatre tax reliefs?
Michelle Donelan
The Minister is very much looking forward to joining the start of the global pass, which will see 200 passes take a rugby ball through the hands of fans across the globe. The programme of events will give plenty of opportunities for the people of Rugby and beyond to celebrate their role in the history of the sport.
Mr Speaker
Do not forget that the Minister for Sport is a rugby league man. At least now he can do both codes.
Dan Jarvis (Barnsley Central) (Lab)
Michelle Donelan
As always, my hon. Friend talks a great deal of sense, and I completely agree with him. That is why this Government will be acting and standing up in the interests of clubs and fans to ensure that the regulator is in place to do just that, but of course the rules of the game could be enforced now.
Lucy Powell (Manchester Central) (Lab/Co-op)
Everton football club is reportedly up for sale, with its stadium half-built. With others up for sale, this looks set to be a record year for premier league clubs changing hands. Many others face financial problems and ownership uncertainties, all since the Fan-Led Review was published. Yet fans will have no say and new owners are not subject to robust independent checks. We still do not have the deal on financial distribution in the pyramid. Will the Secretary of State take responsibility for the clubs that go under or get themselves into trouble before the independent statutory regulator is finally implemented?
Michelle Donelan
On all sport, the Government are clear that a way forward is needed that protects and shows compassion to all athletes. We are also clear that sex has an impact on the fairness of competitive women’s sport. Fairness should be the primary consideration. We need a common-sense approach in this area, which is why I am holding a roundtable with domestic governing bodies in the coming weeks, and working with UK Sport on an international engagement plan.
Lucy Powell (Manchester Central) (Lab/Co-op)
Half the DCMS shortlisting panel for the BBC chair had close links to the Conservative party, but even they managed to put forward five candidates. So what does the Secretary of State think it was about the close confidante of the former Prime Minister who was helping with his personal finances that first attracted him to appoint Mr Sharp over the other four candidates? Does she have confidence in the process and that the actual and perceived conflicts of interest were fully disclosed?
The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Stuart Andrew)
My hon. Friend has spoken to me on a number of occasions about this issue. As I said to him, these national and international governing bodies are independent of Government, but he raises important points that I will be more than happy to raise in my next meeting with the RFU, and perhaps he and I can have a further discussion about this in due course.
John Nicolson (Ochil and South Perthshire) (SNP)
Does the Secretary of State believe the public think it is ever acceptable for anyone to donate hundreds of thousands to a political party and then be appointed by that same political party to a plum public post—in the case of BBC chair Richard Sharp, having been interviewed, we now learn, by a panel including another Tory party donor? Rigorous—really?
Channel 4
Lindsay Hoyle Excerpts(1 year, 11 months ago)
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Michelle Donelan
As the hon. Lady will know, we have outlined, including in today’s written ministerial statement, an ambitious plan to secure and safeguard the sustainability of Channel 4 so that it can thrive and survive. It is completely wrong to suggest that we are not doing anything, or that the money we have invested in looking at this proposal has been wasted.
In fact, as I have already stated, Channel 4 has now committed to doubling its investment in skills across the country to £10 million. This is a new package, and the money we have invested in considering Channel 4’s sustainability is very clear and on the public record. It is important that we now work together to secure the future of Channel 4 and of our independent sector. As I outlined in my opening remarks, we will particularly safeguard small, innovative independents.
Sir Peter Bottomley (Worthing West) (Con)
I follow the hon. Member for Manchester Central (Lucy Powell) in saying that, over the last 13 years, Channel 4 has done better than ever before. If we want to congratulate Channel 4, we should also congratulate the Government on making that possible by not disturbing its arrangements.
The Secretary of State is right to examine the proposals put forward a year or so ago. I would not have frozen the BBC licence fee, I would not have proposed the privatisation of Channel 4 and I would not have put pressure on Arts Council England to strangle the English National Opera, but there is more to be done to put them on the right path.
Alex Mahon, the chief executive of Channel 4, spoke for me when she talked about Channel 4’s innovativeness in reaching audiences that others do not serve so well, and I think the publisher-producer split is worth preserving. I hope Channel 4 will not be forced to make too many programmes in-house, as it is vital that we keep the independent producers going. I hope we are back here in 10 years’ time with no more proposals to change the ownership of Channel 4, which is a good public broadcaster that successfully operates commercially.
Michelle Donelan
I absolutely agree with my hon. Friend that it is essential Channel 4 remains an incubator of the independent sector, which is why one measure we will be taking forward is increasing, from 25%, the proportion of content it has to take from the independent sector. Let us not forget that the package of measures announced today is about giving Channel 4 the tools to be viable in the long term. Of course, it is up to Channel 4 what it does with those tools. Nobody is forcing it to do anything.
John Nicolson (Ochil and South Perthshire) (SNP)
Happy new year, Mr Speaker.
I congratulate the Secretary of State, but I heard her refer to a previous Administration. There is no new Administration, just the same old Tory Administration. This is the second time I have sat on these Benches to listen to a Conservative Secretary of State reverse their predecessor’s damaging proposal to privatise Channel 4.
Channel 4 is a flourishing, much-loved public institution that is making record profits and offers fearless journalism. The Secretary of State says her decision is based on evidence, which is a good call, but evidence, rather than any personal agenda, should surely have been the guiding principle from the get-go. For those who are not aware, Channel 4 receives no public funds. Can I try again: how much public money went into this Government’s aborted attempt at privatisation?
Online Safety Bill
Lindsay Hoyle ExcerptsMonday 5th December 2022
(2 years ago)
Commons ChamberRead Full debate Online Safety Act 2023 View all Online Safety Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 5 December 2022 - (5 Dec 2022)
Mr Speaker
Before I call the Minister to open the debate, I have something to say about the scope of today’s debate. This is day 2 of debate on consideration of the Bill as amended in the Public Bill Committee. We are debating today only the new clauses, amendments and new schedules listed on the selection paper that I have issued today.
Members may be aware that the Government have tabled a programme motion that would recommit certain clauses and schedules to a Public Bill Committee. There will be an opportunity to debate that motion following proceedings on consideration. The Government have also published a draft list of proposed amendments to the Bill that they intend to bring forward during the recommittal process. These amendments are not in scope for today. There will be an opportunity to debate, at a future Report stage, the recommitted clauses and schedules, as amended on recommittal in the Public Bill Committee.
Most of today’s amendments and new clauses do not relate to the clauses and schedules that are being recommitted. These amendments and new clauses have been highlighted on the selection paper. Today will be the final chance for the Commons to consider them: there will be no opportunity for them to be tabled and considered again at any point during the remaining Commons stages.
New Clause 11
Notices to deal with terrorism content or CSEA content (or both)
“(1) If OFCOM consider that it is necessary and proportionate to do so, they may give a notice described in subsection (2), (3) or (4) relating to a regulated user-to-user service or a regulated search service to the provider of the service.
(2) A notice under subsection (1) that relates to a regulated user-to-user service is a notice requiring the provider of the service—
(a) to do any or all of the following—
(i) use accredited technology to identify terrorism content communicated publicly by means of the service and to swiftly take down that content;
(ii) use accredited technology to prevent individuals from encountering terrorism content communicated publicly by means of the service;
(iii) use accredited technology to identify CSEA content, whether communicated publicly or privately by means of the service, and to swiftly take down that content;
(iv) use accredited technology to prevent individuals from encountering CSEA content, whether communicated publicly or privately, by means of the service; or
(b) to use the provider’s best endeavours to develop or source technology for use on or in relation to the service or part of the service, which—
(i) achieves the purpose mentioned in paragraph (a)(iii) or (iv), and
(ii) meets the standards published by the Secretary of State (see section 106(10)).
(3) A notice under subsection (1) that relates to a regulated search service is a notice requiring the provider of the service—
(a) to do either or both of the following—
(i) use accredited technology to identify search content of the service that is terrorism content and to swiftly take measures designed to secure, so far as possible, that search content of the service no longer includes terrorism content identified by the technology;
(ii) use accredited technology to identify search content of the service that is CSEA content and to swiftly take measures designed to secure, so far as possible, that search content of the service no longer includes CSEA content identified by the technology; or
(b) to use the provider’s best endeavours to develop or source technology for use on or in relation to the service which—
(i) achieves the purpose mentioned in paragraph (a)(ii), and
(ii) meets the standards published by the Secretary of State (see section 106(10)).
(4) A notice under subsection (1) that relates to a combined service is a notice requiring the provider of the service—
(a) to do any or all of the things described in subsection (2)(a) in relation to the user-to-user part of the service, or to use best endeavours to develop or source technology as described in subsection (2)(b) for use on or in relation to that part of the service;
(b) to do either or both of the things described in subsection (3)(a) in relation to the search engine of the service, or to use best endeavours to develop or source technology as described in subsection (3)(b) for use on or in relation to the search engine of the service;
(c) to do any or all of the things described in subsection (2)(a) in relation to the user-to-user part of the service and either or both of the things described in subsection (3)(a) in relation to the search engine of the service; or
(d) to use best endeavours to develop or source—
(i) technology as described in subsection (2)(b) for use on or in relation to the user-to-user part of the service, and
(ii) technology as described in subsection (3)(b) for use on or in relation to the search engine of the service.
(5) For the purposes of subsections (2) and (3), a requirement to use accredited technology may be complied with by the use of the technology alone or by means of the technology together with the use of human moderators.
(6) See—
(a) section (Warning notices), which requires OFCOM to give a warning notice before giving a notice under subsection (1), and
(b) section 105 for provision about matters which OFCOM must consider before giving a notice under subsection (1).
(7) A notice under subsection (1) relating to terrorism content present on a service must identify the content, or parts of the service that include content, that OFCOM consider is communicated publicly on that service (see section 188).
(8) For the meaning of “accredited” technology, see section 106(9) and (10).”—(Julia Lopez.)
This clause replaces existing clause 104. The main changes are: for user-to-user services, a notice may require the use of accredited technology to prevent individuals from encountering terrorism or CSEA content; for user-to-user and search services, a notice may require a provider to use best endeavours to develop or source technology to deal with CSEA content.
Brought up, and read the First time.
The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Paul Scully)
I beg to move, That the clause be read a Second time.
Mr Speaker
With this it will be convenient to discuss the following:
Government new clause 12—Warning notices.
Government new clause 20—OFCOM’s reports about news publisher content and journalistic content.
Government new clause 40—Amendment of Enterprise Act 2002.
Government new clause 42—Former providers of regulated services.
Government new clause 43—Amendments of Part 4B of the Communications Act.
Government new clause 44—Repeal of Part 4B of the Communications Act: transitional provision etc.
Government new clause 51—Publication by providers of details of enforcement action.
Government new clause 52—Exemptions from offence under section 152.
Government new clause 53—Offences of sending or showing flashing images electronically: England and Wales and Northern Ireland (No.2).
New clause 1—Provisional re-categorisation of a Part 3 service—
“(1) This section applies in relation to OFCOM’s duty to maintain the register of categories of regulated user-to-user services and regulated search services under section 83.
(2) If OFCOM—
(a) consider that a Part 3 service not included in a particular part of the register is likely to meet the threshold conditions relevant to that part, and
(b) reasonably consider that urgent application of duties relevant to that part is necessary to avoid or mitigate significant harm,
New clause 16—Communication offence for encouraging or assisting self-harm—
“(1) In the Suicide Act 1961, after section 3 insert—
“3A Communication offence for encouraging or assisting self-harm
(1) A person (“D”) commits an offence if—
(a) D sends a message,
(b) the message encourages or could be used to assist another person (“P”) to inflict serious physical harm upon themselves, and
(c) D’s act was intended to encourage or assist the infliction of serious physical harm.
(2) The person referred to in subsection (1)(b) need not be a specific person (or class of persons) known to, or identified by, D.
(3) D may commit an offence under this section whether or not any person causes serious physical harm to themselves, or attempts to do so.
(4) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine, or both;
(b) on indictment, to imprisonment for a term not exceeding 5 years, or a fine, or both.
(5) “Serious physical harm” means serious injury amounting to grievous bodily harm within the meaning of the Offences Against the Person Act 1861.
(6) No proceedings shall be instituted for an offence under this section except by or with the consent of the Director of Public Prosecutions.
(7) If D arranges for a person (“D2”) to do an Act and D2 does that Act, D is also to be treated as having done that Act for the purposes of subsection (1).
(8) In proceedings for an offence to which this section applies, it shall be a defence for D to prove that—
(a) P had expressed intention to inflict serious physical harm upon themselves prior to them receiving the message from D; and
(b) P’s intention to inflict serious physical harm upon themselves was not initiated by D; and
(c) the message was wholly motivated by compassion towards D or to promote the interests of P’s health or wellbeing.””
This new clause would create a new communication offence for sending a message encouraging or assisting another person to self-harm.
New clause 17—Liability of directors for compliance failure—
“(1) This section applies where OFCOM considers that there are reasonable grounds for believing that a provider of a regulated service has failed, or is failing, to comply with any enforceable requirement (see section 112) that applies in relation to the service.
(2) If OFCOM considers that the failure results from any—
(a) action,
(b) direction,
(c) neglect, or
(d) with the consent
This new clause would enable Ofcom to exercise its enforcement powers under Chapter 6, Part 7 of the Bill against individual directors, managers and other officers at a regulated service provider where it considers the provider has failed, or is failing, to comply with any enforceable requirement.
New clause 23—Financial support for victims support services—
“(1) The Secretary of State must by regulations make provision for penalties paid under Chapter 6 to be used for funding for victims support services.
(2) Those regulations must—
(a) specify criteria setting out which victim support services are eligible for financial support under this provision;
(b) set out a means by which the amount of funding available should be determined;
(c) make provision for the funding to be reviewed and allocated on a three year basis.
(3) Regulations under this section—
(a) shall be made by statutory instrument, and
(b) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.”
New clause 28—Establishment of Advocacy Body—
“(1) There is to be a body corporate (“the Advocacy Body”) to represent interests of child users of regulated services.
(2) A “child user”—
(a) means any person aged 17 years or under who uses or is likely to use regulated internet services; and
(b) includes both any existing child user and any future child user.
(3) The work of the Advocacy Body may include—
(a) representing the interests of child users;
(b) the protection and promotion of these interests;
(c) any other matter connected with those interests.
(4) The “interests of child users” means the interests of children in relation to the discharge by any regulated company of its duties under this Act, including—
(a) safety duties about illegal content, in particular CSEA content;
(b) safety duties protecting children;
(c) “enforceable requirements” relating to children.
(5) The Advocacy Body must have particular regard to the interests of child users that display one or more protected characteristics within the meaning of the Equality Act 2010.
(6) The Advocacy Body will be defined as a statutory consultee for OFCOM’s regulatory decisions which impact upon the interests of children.
(7) The Advocacy Body must assess emerging threats to child users of regulated services and must bring information regarding these threats to OFCOM.
(8) The Advocacy Body may undertake research on their own account.
(9) The Secretary of State must either appoint an organisation known to represent children to be designated the functions under this Act, or create an organisation to carry out the designated functions.
(10) The budget of the Advocacy Body will be subject to annual approval by the board of OFCOM.
(11) The Secretary of State must give directions to OFCOM as to how it should recover the costs relating to the expenses of the Advocacy Body, or the Secretary of State in relation to the establishment of the Advocacy Body, through the provisions to require a provider of a regulated service to pay a fee (as set out in section 71).”
New clause 29—Duty to promote media literacy: regulated user-to-user services and search services—
“(1) In addition to the duty on OFCOM to promote media literacy under section 11 of the Communications Act 2003, OFCOM must take such steps as they consider appropriate to improve the media literacy of the public in relation to regulated user-to-user services and search services.
(2) This section applies only in relation to OFCOM’s duty to regulate—
(a) user-to-user services, and
(b) search services.
(3) OFCOM’s performance of its duty in subsection (1) must include pursuit of the following objectives—
(a) to reach audiences who are less engaged with, and harder to reach through, traditional media literacy initiatives;
(b) to address gaps in the availability and accessibility of media literacy provisions targeted at vulnerable users;
(c) to build the resilience of the public to disinformation and misinformation by using media literacy as a tool to reduce the harm from that misinformation and disinformation;
(d) to promote greater availability and effectiveness of media literacy initiatives and other measures, including by—
(i) carrying out, commissioning or encouraging educational initiatives designed to improve the media literacy of the public;
(ii) seeking to ensure, through the exercise of OFCOM’s online safety functions, that providers of regulated services take appropriate measures to improve users’ media literacy;
(iii) seeking to improve the evaluation of the effectiveness of the initiatives and measures mentioned in sub paras (2)(d)(i) and (ii) (including by increasing the availability and adequacy of data to make those evaluations);
(e) to promote better coordination within the media literacy sector.
(4) OFCOM may prepare such guidance about the matters referred to in subsection (2) as it considers appropriate.
(5) Where OFCOM prepares guidance under subsection (4) it must—
(a) publish the guidance (and any revised or replacement guidance); and
(b) keep the guidance under review.
(6) OFCOM must co-operate with the Secretary of State in the exercise and performance of their duty under this section.”
This new clause places an additional duty on Ofcom to promote media literacy of the public in relation to regulated user-to-user services and search services.
New clause 30—Media literacy strategy—
“(1) OFCOM must prepare a strategy which sets out how they intend to undertake their duty to promote media literacy in relation to regulated user-to-user services and regulated search services under section (Duty to promote media literacy: regulated user-to-user services and search services).
(2) The strategy must—
(a) set out the steps OFCOM propose to take to achieve the pursuit of the objectives set out in section (Duty to promote media literacy: regulated user-to-user services and search services),
(b) set out the organisations, or types of organisations, that OFCOM propose to work with in undertaking the duty;
(c) explain why OFCOM considers that the steps it proposes to take will be effective;
(d) explain how OFCOM will assess the extent of the progress that is being made under the strategy.
(3) In preparing the strategy OFCOM must have regard to the need to allocate adequate resources for implementing the strategy.
(4) OFCOM must publish the strategy within the period of 6 months beginning with the day on which this section comes into force.
(5) Before publishing the strategy (or publishing a revised strategy), OFCOM must consult—
(a) persons with experience in or knowledge of the formulation, implementation and evaluation of policies and programmes intended to improve media literacy;
(b) the advisory committee on disinformation and misinformation, and
(c) any other person that OFCOM consider appropriate.
(6) If OFCOM have not revised the strategy within the period of 3 years beginning with the day on which the strategy was last published, they must either—
(a) revise the strategy, or
(b) publish an explanation of why they have decided not to revise it.
(7) If OFCOM decides to revise the strategy they must—
(a) consult in accordance with subsection (3), and
(b) publish the revised strategy.”
This new clause places an additional duty on Ofcom to promote media literacy of the public in relation to regulated user-to-user services and search services.
New clause 31—Research conducted by regulated services—
“(1) OFCOM may, at any time it considers appropriate, produce a report into how regulated services commission, collate, publish and make use of research.
(2) For the purposes of the report, OFCOM may require services to submit to OFCOM—
(a) a specific piece of research held by the service, or
(b) all research the service holds on a topic specified by OFCOM.”
New clause 34—Factual Accuracy—
“(1) The purpose of this section is to reduce the risk of harm to users of regulated services caused by disinformation or misinformation.
(2) Any Regulated Service must provide an index of the historic factual accuracy of material published by each user who has—
(a) produced user-generated content,
(b) news publisher content, or
(c) comments and reviews on provider contact
(3) The index under subsection (1) must—
(a) satisfy minimum quality criteria to be set by OFCOM, and
(b) be displayed in a way which allows any user easily to reach an informed view of the likely factual accuracy of the content at the same time as they encounter it.”
New clause 35—Duty of balance—
“(1) The purpose of this section is to reduce the risk of harm to users of regulated services caused by disinformation or misinformation.
(2) Any Regulated Service which selects or prioritises particular—
(a) user-generated content,
(b) news publisher content, or
(c) comments and reviews on provider content
New clause 36—Identification of information incidents by OFCOM—
“(1) OFCOM must maintain arrangements for identifying and understanding patterns in the presence and dissemination of harmful misinformation and disinformation on regulated services.
(2) Arrangements for the purposes of subsection (1) must in particular include arrangements for—
(a) identifying, and assessing the severity of, actual or potential information incidents; and
(b) consulting with persons with expertise in the identification, prevention and handling of disinformation and misinformation online (for the purposes of subsection (2)(a)).
(3) Where an actual or potential information incident is identified, OFCOM must as soon as reasonably practicable—
(a) set out any steps that OFCOM plans to take under its online safety functions in relation to that situation; and
(b) publish such recommendations or other information that OFCOM considers appropriate.
(4) Information under subsection (3) may be published in such a manner as appears to OFCOM to be appropriate for bringing it to the attention of the persons who, in OFCOM’s opinion, should be made aware of it.
(5) OFCOM must prepare and issue guidance about how it will exercise its functions under this section and, in particular—
(a) the matters it will take into account in determining whether an information incident has arisen;
(b) the matters it will take into account in determining the severity of an incident; and
(c) the types of responses that OFCOM thinks are likely to be appropriate when responding to an information incident.
(6) For the purposes of this section—
“harmful misinformation or disinformation” means misinformation or disinformation which, taking into account the manner and extent of its dissemination, may have a material adverse effect on users of regulated services or other members of the public;
“information incident” means a situation where it appears to OFCOM that there is a serious or systemic dissemination of harmful misinformation or disinformation relating to a particular event or situation.”
This new clause would insert a new clause into the Bill to give Ofcom a proactive role in identifying and responding to the sorts of information incidents that can occur in moments of crisis.
New clause 37—Duty to promote media literacy: regulated user-to-user services and search services—
“(1) In addition to the duty on OFCOM to promote media literacy under section 11 of the Communications Act 2003, OFCOM must take such steps as they consider appropriate to improve the media literacy of the public in relation to regulated user-to-user services and search services.
(2) This section applies only in relation to OFCOM’s duty to regulate—
(a) user-to-user services, and
(b) search services.
(3) OFCOM’s performance of its duty in subsection (1) must include pursuit of the following objectives—
(a) to encourage the development and use of technologies and systems in relation to user-to-user services and search services which help to improve the media literacy of members of the public, including in particular technologies and systems which—
(i) indicate the nature of content on a service (for example, show where it is an advertisement);
(ii) indicate the reliability and accuracy of the content; and
(iii) facilitate control over what content is received;
(b) to build the resilience of the public to disinformation and misinformation by using media literacy as a tool to reduce the harm from that misinformation and disinformation;
(c) to promote greater availability and effectiveness of media literacy initiatives and other measures, including by carrying out, commissioning or encouraging educational initiatives designed to improve the media literacy of the public.
(4) OFCOM must prepare guidance about—
(a) the matters referred to in subsection (3) as it considers appropriate; and
(b) minimum standards that media literacy initiatives must meet.
(5) Where OFCOM prepares guidance under subsection (4) it must—
(a) publish the guidance (and any revised or replacement guidance); and
(b) keep the guidance under review.
(6) Every report under paragraph 12 of the Schedule to the Office of Communications Act 2002 (OFCOM’s annual report) for a financial year must contain a summary of the steps that OFCOM have taken under subsection (1) in that year.”
This new clause places an additional duty on Ofcom to promote media literacy of the public in relation to regulated user-to-user services and search services.
New clause 45—Sharing etc intimate photographs or film without consent—
“(1) A person (A) commits an offence if—
(a) A intentionally shares an intimate photograph or film of another person (B) with B or with a third person (C); and
(b) A does so—
(i) without B’s consent, and
(ii) without reasonably believing that B consents.
(2) References to a third person (C) in this section are to be read as referring to—
(a) an individual;
(b) a group of individuals;
(c) a section of the public; or
(d) the public at large.
(3) A person (A) does not commit an offence under this section if A shares a photograph or film of another person (B) with B or a third person (C) if—
(a) the photograph or film only shows activity that would be ordinarily seen on public street, except for a photograph or film of breastfeeding;
(b) the photograph or film was taken in public, where the person depicted was voluntarily nude, partially nude or engaging in a sexual act or toileting in public;
(c) A reasonably believed that the photograph or film, taken in public, showed a person depicted who was voluntarily nude, partially nude or engaging in a sexual act or toileting in public;
(d) the photograph or film has been previously shared with consent in public;
(e) A reasonably believed that the photograph or film had been previously shared with consent in public;
(f) the photograph or film shows a young child and is of a kind ordinarily shared by family and friends;
(g) the photograph or film is of a child shared for that child’s medical care or treatment, where there is parental consent.
(4) A person (A) does not commit an offence under this section if A shares information about where to access a photograph or film where this photograph or film has already been made available to A.
(5) It is a defence for a person charged with an offence under this section to prove that they—
(a) reasonably believed that the sharing was necessary for the purposes of preventing, detecting, investigating or prosecuting crime;
(b) reasonably believed that the sharing was necessary for the purposes of legal or regulatory proceedings;
(c) reasonably believed that the sharing was necessary for the administration of justice;
(d) reasonably believed that the sharing was necessary for a genuine medical, scientific or educational purpose; and
(e) reasonably believed that the sharing was in the public interest.
(6) An “intimate photograph or film” is a photograph or film that is sexual, shows a person nude or partially nude, or shows a person toileting, of a kind which is not ordinarily seen on a public street, which includes—
(a) any photograph or film that shows something a reasonable person would consider to be sexual because of its nature;
(b) any photograph or film that shows something which, taken as a whole, is such that a reasonable person would consider it to be sexual;
(c) any photograph or film that shows a person’s genitals, buttocks or breasts, whether exposed, covered with underwear or anything being worn as underwear, or where a person is similarly or more exposed than if they were wearing only underwear;
(d) any photograph or film that shows toileting, meaning a photograph or film of someone in the act of defecation and urination, or images of personal care associated with genital or anal discharge, defecation and urination.
(7) References to sharing such a photograph or film with another person include—
(a) sending it to another person by any means, electronically or otherwise;
(b) showing it to another person;
(c) placing it for another person to find; or
(d) sharing it on or uploading it to a user-to-user service, including websites or online public forums.
(8) “Photograph” includes the negative as well as the positive version.
(9) “Film” means a moving image.
(10) References to a photograph or film include—
(a) an image, whether made by computer graphics or in any other way, which appears to be a photograph or film,
(b) an image which has been altered through computer graphics,
(c) a copy of a photograph, film or image, and
(d) data stored by any means which is capable of conversion into a photograph, film or image.
(11) Sections 74 to 76 of the Sexual Offences Act 2003 apply when determining consent in relation to offences in this section.
(12) A person who commits an offence under this section is liable on summary conviction, to imprisonment for a term not exceeding 6 months or a fine (or both).”
This new clause creates the offence of sharing an intimate image without consent, providing the necessary exclusions such as for children’s medical care or images taken in public places, and establishing the penalty as triable by magistrates only with maximum imprisonment of 6 months.
New clause 46—Sharing etc intimate photographs or film with intent to cause alarm, distress or humiliation—
“(1) A person (A) commits an offence if—
(a) A intentionally shares an intimate photograph or film of another person (B) with B or with a third person (C); and
(b) A does so—
(i) without B’s consent, and
(ii) without reasonably believing that B consents; and
(c) A intends that the subject of the photograph or film will be caused alarm, distress or humiliation by the sharing of the photograph or film.
(2) References to a third person (C) in this section are to be read as referring to—
(a) an individual;
(b) a group of individuals;
(c) a section of the public; or
(d) the public at large.
(3) An “intimate photograph or film” is a photograph or film that is sexual, shows a person nude or partially nude, or shows a person toileting, of a kind which is not ordinarily seen on a public street, which includes—
(a) any photograph or film that shows something a reasonable person would consider to be sexual because of its nature;
(b) any photograph or film that shows something which, taken as a whole, is such that a reasonable person would consider it to be sexual;
(c) any photograph or film that shows a person’s genitals, buttocks or breasts, whether exposed, covered with underwear or anything being worn as underwear, or where a person is similarly or more exposed than if they were wearing only underwear;
(d) any photograph or film that shows toileting, meaning a photograph or film of someone in the act of defecation and urination, or images of personal care associated with genital or anal discharge, defecation and urination.
(4) References to sharing such a photograph or film with another person include—
(a) sending it to another person by any means, electronically or otherwise;
(b) showing it to another person;
(c) placing it for another person to find; or
(d) sharing it on or uploading it to a user-to-user service, including websites or online public forums.
(5) “Photograph” includes the negative as well as the positive version.
(6) “Film” means a moving image.
(7) References to a photograph or film include—
(a) an image, whether made by computer graphics or in any other way, which appears to be a photograph or film,
(b) an image which has been altered through computer graphics,
(c) a copy of a photograph, film or image, and
(d) data stored by any means which is capable of conversion into a photograph, film or image.
(8) Sections 74 to 76 of the Sexual Offences Act 2003 apply when determining consent in relation to offences in this section.
(9) A person who commits an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine (or both);
(b) on conviction on indictment, to imprisonment for a term not exceeding three years.”
This new clause creates a more serious offence where there is the intent to cause alarm etc. by sharing an image, with the appropriately more serious penalty of 12 months through a magistrates’ court or up to three years in a Crown Court.
New clause 47—Sharing etc intimate photographs or film without consent for the purpose of obtaining sexual gratification—
“(1) A person (A) commits an offence if—
(a) A intentionally shares an intimate photograph or film of another person (B) with B or with a third person (C); and
(b) A does so—
(i) without B’s consent, and
(ii) without reasonably believing that B consents; and
(c) A shared the photograph or film for the purpose of obtaining sexual gratification (whether for the sender or recipient).
(2) References to a third person (C) in this section are to be read as referring to—
(a) an individual;
(b) a group of individuals;
(c) a section of the public; or
(d) the public at large.
(3) An “intimate photograph or film” is a photograph or film that is sexual, shows a person nude or partially nude, or shows a person toileting, of a kind which is not ordinarily seen on a public street, which includes—
(a) any photograph or film that shows something a reasonable person would consider to be sexual because of its nature;
(b) any photograph or film that shows something which, taken as a whole, is such that a reasonable person would consider it to be sexual;
(c) any photograph or film that shows a person’s genitals, buttocks or breasts, whether exposed, covered with underwear or anything being worn as underwear, or where a person is similarly or more exposed than if they were wearing only underwear;
(d) any photograph or film that shows toileting, meaning a photograph or film of someone in the act of defecation and urination, or images of personal care associated with genital or anal discharge, defecation and urination.
(4) References to sharing such a photograph or film with another person include—
(a) sending it to another person by any means, electronically or otherwise;
(b) showing it to another person;
(c) placing it for another person to find; or
(d) sharing it on or uploading it to a user-to-user service, including websites or online public forums.
(5) “Photograph” includes the negative as well as the positive version.
(6) “Film” means a moving image.
(7) References to a photograph or film include—
(a) an image, whether made by computer graphics or in any other way, which appears to be a photograph or film,
(b) an image which has been altered through computer graphics,
(c) a copy of a photograph, film or image, and
(d) data stored by any means which is capable of conversion into a photograph, film or image.
(8) Sections 74 to 76 of the Sexual Offences Act 2003 apply when determining consent in relation to offences in this section.
(9) A person who commits an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine (or both);
(b) on conviction on indictment, to imprisonment for a term not exceeding three years.”
This new clause creates a more serious offence where there is the intent to cause alarm etc. by sharing an image, with the appropriately more serious penalty of 12 months through a magistrates’ court or up to three years in a Crown Court.
New clause 48—Threatening to share etc intimate photographs or film—
“(1) A person (A) commits an offence if—
(a) A threatens to share an intimate photograph or film of another person (B) with B or a third person (C); and
(i) A intends B to fear that the threat will be carried out; or A is reckless as to whether B will fear that the threat will be carried out.
(2) “Threatening to share” should be read to include threatening to share an intimate photograph or film that does not exist and other circumstances where it is impossible for A to carry out the threat.
(3) References to a third person (C) in this section are to be read as referring to—
(a) an individual;
(b) a group of individuals;
(c) a section of the public; or
(d) the public at large.
(4) An “intimate photograph or film” is a photograph or film that is sexual, shows a person nude or partially nude, or shows a person toileting, of a kind which is not ordinarily seen on a public street, which includes—
(a) any photograph or film that shows something a reasonable person would consider to be sexual because of its nature;
(b) any photograph or film that shows something which, taken as a whole, is such that a reasonable person would consider it to be sexual;
(c) any photograph or film that shows a person’s genitals, buttocks or breasts, whether exposed, covered with underwear or anything being worn as underwear, or where a person is similarly or more exposed than if they were wearing only underwear;
(d) any photograph or film that shows toileting, meaning a photograph or film of someone in the act of defecation and urination, or images of personal care associated with genital or anal discharge, defecation and urination.
(5) References to sharing, or threatening to share, such a photograph or film with another person include—
(a) sending, or threatening to send, it to another person by any means, electronically or otherwise;
(b) showing, or threatening to show, it to another person;
(c) placing, or threatening to place, it for another person to find; or
(d) sharing, or threatening to share, it on or uploading it to a user-to-user service, including websites or online public forums.
(6) “Photograph” includes the negative as well as the positive version.
(7) “Film” means a moving image.
(8) References to a photograph or film include—
(a) an image, whether made by computer graphics or in any other way, which appears to be a photograph or film,
(b) an image which has been altered through computer graphics,
(c) a copy of a photograph, film or image, and
(d) data stored by any means which is capable of conversion into a photograph, film or image.
(9) Sections 74 to 76 of the Sexual Offences Act 2003 apply when determining consent in relation to offences in this section.
(10) A person who commits an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine (or both);
(b) on conviction on indictment, to imprisonment for a term not exceeding three years.”
This new clause creates another more serious offence of threatening to share an intimate image, regardless of whether such an image actually exists, and where the sender intends to cause fear, or is reckless to whether they would cause fear, punishable by 12 months through a magistrates’ court or up to three years in a Crown Court.
New clause 49—Special measures in criminal proceedings for offences involving the sharing of intimate images—
“(1) Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 (giving of evidence or information for purposes of criminal proceedings: special measures directions in case of vulnerable and intimidated witnesses) is amended as follows.
(2) In section 17 (witnesses eligible for assistance on grounds of fear or distress about testifying), in subsection (4A) after paragraph (b) insert “(c) ‘an offence under sections [Sharing etc intimate photographs or film without consent; Sharing etc intimate photographs or film with intent to cause alarm, distress or humiliation; Sharing etc intimate photographs or film without consent for the purpose of obtaining sexual gratification; Threatening to share etc intimate photographs or film] of the Online Safety Act 2023’”.”
This new clause inserts intimate image abuse into legislation that qualifies victims for special measures when testifying in court (such as partitions to hide them from view, video testifying etc.) which is already prescribed by law.
New clause 50—Anonymity for victims of offences involving the sharing of intimate images—
“(1) Section 2 of the Sexual Offences (Amendment) Act 1992 (Offences to which this Act applies) is amended as follows.
(2) In subsection 1 after paragraph (db) insert—
(dc) ‘an offence under sections [Sharing etc intimate photographs or film without consent; Sharing etc intimate photographs or film with intent to cause alarm, distress or humiliation; Sharing etc intimate photographs or film without consent for the purpose of obtaining sexual gratification; Threatening to share etc intimate photographs or film] of the Online Safety Act 2023’”.”
Similar to NC49, this new clause allows victims of intimate image abuse the same availability for anonymity as other sexual offences to protect their identities and give them the confidence to testify against their abuser without fear of repercussions.
New clause 54—Report on the effect of Virtual Private Networks on OFCOM’s ability to enforce requirements—
“(1) The Secretary of State must publish a report on the effect of the use of Virtual Private Networks on OFCOM’s ability to enforce requirements under section 112.
(2) The report must be laid before Parliament within six months of the passing of this Act.”
New clause 55—Offence of sending communication facilitating modern slavery and illegal immigration—
‘(1) A person (A) commits an offence if—
(a) (A) intentionally shares with a person (B) or with a third person (C) a photograph or film which is reasonably considered to be, or to be intended to be, facilitating or promoting any activities which do, or could reasonably be expected to, give rise to an offence under—
(i) sections 1 (Slavery, servitude and forced labour), 2 (Human trafficking) or 4 (Committing offence with intent to commit an offence under section 2) of the Modern Slavery Act 2015; or
(ii) sections 24 (Illegal Entry and Similar Offences) or 25 (Assisting unlawful immigration etc) of the Immigration Act 1971; and
(a) (A) does so knowing, or when they reasonably ought to have known, that the activities being depicted are unlawful.
(2) References to a third person (C) in this section are to be read as referring to—
(a) an individual;
(b) a group of individuals;
(c) a section of the public; or
(d) the public at large.
(3) A person (A) does not commit an offence under this section if—
(a) the sharing is undertaken by or on behalf of a journalist or for journalistic purposes;
(b) the sharing is by a refugee organisation registered in the UK and which falls within the scope of sub-section (3) or section 25A of the Immigration Act 1971;
(c) the sharing is by or on behalf of a duly elected Member of Parliament or other elected representative in the UK.
(4) It is a defence for a person charged under this section to provide that they—
(a) reasonably believed that the sharing was necessary for the purposes of preventing, detecting, investigating or prosecuting crime and
(b) reasonably believed that the sharing was necessary for the purposes of legal or regulatory proceedings.
(5) A person who commits an offence under this section is liable on summary conviction, to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both).”
This new clause would create a new criminal offence of intentionally sharing a photograph or film that facilitates or promotes modern slavery or illegal immigration.
Government amendments 234 and 102 to 117.
Amendment 195, in clause 104, page 87, line 10, leave out subsection 1 and insert—
“(1) If OFCOM consider that it is necessary and proportionate to do so, they may—
(a) give a notice described in subsection (2), (3) or (4) relating to a regulated user to user service or a regulated search service to the provider of the service;
(b) give a notice described in subsection (2), (3) or (4) to a provider or providers of Part 3 services taking into account risk profiles produced by OFCOM under section 84.”
Amendment 152, page 87, line 18, leave out ‘whether’.
This amendment is consequential on Amendment 153.
Amendment 153, page 87, line 19, leave out ‘or privately’.
This amendment removes the ability to monitor encrypted communications.
Government amendment 118.
Amendment 204, in clause 105, page 89, line 17, at end insert—
“(ia) the level of risk of the use of the specified technology accessing, retaining or disclosing the identity or provenance of any confidential journalistic source or confidential journalistic material.”
This amendment would require Ofcom to consider the risk of the use of accredited technology by a Part 3 service accessing, retaining or disclosing the identity or provenance of journalistic sources or confidential journalistic material, when deciding whether to give a notice under Clause 104(1) of the Bill.
Government amendments 119 to 130, 132 to 134, 212, 213, 135 and 214.
Amendment 23, in clause 130, page 114, line 3, leave out paragraph (a).
Government amendment 175.
Amendment 160, in clause 141, page 121, line 9, leave out subsection (2).
This amendment removes the bar of conditionality that must be met for super complaints that relate to a single regulated service.
Amendment 24, page 121, line 16, leave out “The Secretary of State” and insert “OFCOM”.
Amendment 25, page 121, line 21, leave out from “(3),” to end of line 24 and insert “OFCOM must consult—
“(a) The Secretary of State, and
“(b) such other persons as OFCOM considers appropriate.”
This amendment would provide that regulations under clause 141 are to be made by OFCOM rather than by the Secretary of State.
Amendment 189, in clause 142, page 121, line 45, leave out from “including” to end of line 46 and insert
“90 day maximum time limits in relation to the determination and notification to the complainant of—”.
This requires the Secretary of State’s guidance to require Ofcom to determine whether a complaint is eligible for the super-complaints procedure within 90 days.
Amendment 26, in clause 146, page 123, line 33, leave out
“give OFCOM a direction requiring”
and insert “may make representations to”.
Amendment 27, page 123, line 36, leave out subsection (2) and insert—
“(2) OFCOM must have due regard to any representations made by the Secretary of State under subsection (1).”
Amendment 28, page 123, line 38, leave out from “committee” to end of line 39 and insert
“established under this section is to consist of the following members—”.
Amendment 29, page 124, line ], leave out from “committee” to “publish” in line 2 and insert
“established under this section must”.
Amendment 30, page 124, line 4, leave out subsection (5).
Amendment 32, page 124, line 4, leave out clause 148.
Government amendments 176, 239, 138, 240, 215, 241, 242, 217, 218, 243, 219, 244, 245, 220, 221, 140, 246, 222 to 224, 247, 225, 248, 226 and 227.
Amendment 194, in clause 157, page 131, line 16, leave out from beginning to end of line 17 and insert—
“(a) B has not consented for A to send or give the photograph or film to B, and”.
Government amendments 249 to 252, 228, 229 and 235 to 237.
Government new schedule 2—Amendments of Part 4B of the Communications Act.
Government new schedule 3—Video-sharing platform services: transitional provision etc.
Government amendment 238
Amendment 35, schedule 11, page 198, line 5, leave out “The Secretary of State” and insert “OFCOM”.
This amendment would give the power to make regulations under Schedule 11 to OFCOM.
Amendment 2, page 198, line 9, leave out “functionalities” and insert “characteristics”.
Amendment 1, page 198, line 9, at end insert—
“(1A) In this schedule, “characteristics” of a service include its functionalities, user base, business model, governance and other systems and processes.”
Amendment 159, page 198, line 9, at end insert—
“(1A) Regulations made under sub-paragraph (1) must provide for any regulated user-to-user service which OFCOM assesses as posing a very high risk of harm to be included within Category 1, regardless of the number of users.”
This amendment allows Ofcom to impose Category 1 duties on user-to-user services which pose a very high risk of harm.
Amendment 36, page 198, line 10, leave out “The Secretary of State” and insert “OFCOM”.
This amendment is consequential on Amendment 35.
Amendment 37, page 198, line 16, leave out “The Secretary of State” and insert “OFCOM”.
This amendment is consequential on Amendment 35.
Amendment 3, page 198, line 2, leave out “functionalities” and insert “characteristics”.
Amendment 9, page 198, line 28, leave out “and” and insert “or”.
Amendment 4, page 198, line 29, leave out “functionality” and insert “characteristic”.
Amendment 38, page 198, line 32, leave out “the Secretary of State” and insert “OFCOM”.
This amendment is consequential on Amendment 35.
Amendment 5, page 198, line 34, leave out “functionalities” and insert “characteristics”.
Amendment 39, page 198, line 37, leave out “the Secretary of State” and insert “OFCOM”.
This amendment is consequential on Amendment 35.
Amendment 40, page 198, line 41, leave out “the Secretary of State” and insert “OFCOM”.
This amendment is consequential on Amendment 35.
Amendment 6, page 198, line 4, leave out “functionalities” and insert “characteristics”.
Amendment 7, page 199, line 11, leave out “functionalities” and insert “characteristics”.
Amendment 8, page 199, line 28, leave out “functionalities” and insert “characteristics”.
Amendment 41, page 199, line 3, leave out subparagraphs (5) to (11).
This amendment is consequential on Amendment 35.
Government amendments 230, 253 to 261 and 233.
Paul Scully
I was about to speak to the programme motion, Mr Speaker, but you have outlined exactly what I was going to say, so thank you for that—I am glad to get the process right.
I am delighted to bring the Online Safety Bill back to the House for the continuation of Report stage. I start by expressing my gratitude to colleagues across the House for their contributions to the Bill through pre-legislative scrutiny and before the summer recess, and for their engagement with me since I took office as the Minister for Tech and the Digital Economy.
The concept at the heart of this legislation is simple: tech companies, like those in every other sector, must take responsibility for the consequences of their business decisions. As they continue to offer users the latest innovations, they must consider the safety of their users as well as profit. They must treat their users fairly and ensure that the internet remains a place for free expression and robust debate. As Members will be aware, the majority of the Bill was discussed on Report before the summer recess. Our focus today is on the provisions that relate to the regulator’s power and the criminal law reforms. I will take this opportunity also to briefly set out the further changes that the Government recently committed to making later in the Bill’s passage.
Let me take the Government amendments in turn. The Government’s top priority for this legislation has always been the protection of children. We recognise that the particularly abhorrent and pernicious nature of online child sexual exploitation and abuse—CSEA—demands the most robust response possible. Throughout the passage of the Bill, we have heard evidence of the appalling harm that CSEA causes. Repeatedly, we heard calls for strong incentives for companies to do everything they can to innovate and make safety technologies their priority, to ensure that there is no place for offenders to hide online. The Bill already includes a specific power to tackle CSEA, which allows Ofcom, subject to safeguards, to require tech companies to use accredited technology to identify and remove illegal CSEA content in public and private communications. However, we have seen in recent years how the online world has evolved to allow offenders to reach their victims and one another in new ways.
Dr Luke Evans (Bosworth) (Con)
To take that one step further, is it correct that Ofcom would set minimum standards for operators? For example, the Content Authenticity Initiative does not need primary legislation, but is an industry open-standard, open-source format. That is an example of modern technology that all companies could sign up to use, and Ofcom would therefore determine what needs to be done in primary legislation.
Mr Speaker
Can I be helpful? We did say that our discussions should be within scope, but the Minister is tempting everybody to intervene out of scope. From his own point of view, I would have thought that it would be easier to keep within scope.
Paul Scully
Thank you, Mr Speaker; I will just respond to my hon. Friend the Member for Bosworth (Dr Evans). There is a minimum standard in so far as the operators have to adhere to the terms of the Bill. Our aim is to exclude illegal content and ensure that children are as safe as possible within the remit of the Bill.
The changes will ensure a flexible approach so that companies can use their expertise to develop or source the most effective solution for their service, rather than us being prescriptive. That, in turn, supports the continued growth of our digital economy while keeping our citizens safe online.
Mr Speaker
Order. I am really bothered. I am trying to help the Minister, because although broadening discussion of the Bill is helpful, it is also allowing Members to come in with remarks that are out of scope. If we are going to go out of scope, we could be here a long time. I am trying to support the Minister by keeping him in scope.
Paul Scully
Thank you, Mr Speaker; I will try to keep my remarks very much in scope.
The harmful communications offence in clause 151 was a reform to communication offences proposed in the Bill. Since the Bill has been made public, parliamentarians and stakeholders have expressed concern that the threshold that would trigger prosecution for the offence of causing serious distress could bring robust but legitimate conversation into the illegal space. In the light of that concern, we have decided not to take forward the harmful communications offence for now. That will give the Government an opportunity to consider further how the criminal law can best protect individuals from harmful communications, and ensure that protections for free speech are robust.
Paul Scully
I am glad that I gave way so that the hon. Lady could raise that point. Baroness Kidron and her organisation have raised that issue with me directly, and they have gathered media support. We will look at that as the Bill goes through this place and the Lords, because we need to see what the powers are at the moment and why they are not working.
Now is the time to take this legislation forward to ensure that it can deliver the safe and transparent online environment that children and adults so clearly deserve.
Alex Davies-Jones
It is an absolute pleasure to be back in the Chamber to respond on behalf of the Opposition to this incredibly important piece of legislation on its long overdue second day on Report. It certainly has not been an easy ride so far: I am sure that Bill Committee colleagues across the House agree that unpicking and making sense of this unnecessarily complicated Bill has been anything but straightforward.
We should all be incredibly grateful and are all indebted to the many individuals, charities, organisations and families who have worked so hard to bring online safety to the forefront for us all. Today is a particularly important day, as we are joined in the Public Gallery by a number of families who have lost children in connection with online harms. They include Lorin LaFave, Ian Russell, Andy and Judy Thomas, Amanda and Stuart Stephens and Ruth Moss. I sincerely hope that this debate will do justice to their incredible hard work and commitment in the most exceptionally difficult of circumstances.
Oral Answers to Questions
Lindsay Hoyle Excerpts(2 years ago)
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Cat Smith (Lancaster and Fleetwood) (Lab)
The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Stuart Andrew)
Thank you very much, Mr Speaker.
This Government know the importance of local youth services, and we have guaranteed that by 2025 every young person in England will have access to regular clubs and activities, adventures away from home and volunteering opportunities. That is a clear commitment based on feedback from 6,000 young people, supported by £560 million of funding.
Michelle Donelan
As my right hon. Friend knows, that is not a decision for me, but we can always depend on the right hon. Member for West Suffolk to attack a challenge with gusto, and I was not surprised at all to see him taking on all sorts of animal parts during the show. It has become a little bit of a thing for my predecessors to join that show, but I hope I can provide reassurance that I have no intention of ever doing so.
Kevin Brennan (Cardiff West) (Lab)
Of course, a very important part of our film and television industry is the music that goes with it and the composers who provide that music. At this juncture, it would be wrong of me to not recognise and send sympathy to the family of Christine McVie, one of Britain’s greatest ever songwriters, who sadly passed away yesterday. [Hon. Members: “Hear, hear.”]
I was glad to hear what the Minister of State aid about AI earlier, because that will affect film and TV composers, as well as other people within the industry. Will she ensure that in undertaking the AI review, the Government listen very carefully to the views of songwriters and composers who work in the film and television industry during their consultation?
Stuart Andrew
I know that the Arts Council has taken a considerable amount of time to look at the unprecedented number of applications—more than 1,700—that were received and that it has assessed them very carefully. It is making sure that £12.6 million is available in transition funding for those that will be leaving. The time has been increased from three months to seven months, so that there is support for them for up to 12 months. We would certainly encourage the Arts Council and the English National Opera to continue the dialogue that they are having.
Julian Knight (Solihull) (Con)
On a similar theme, levelling up is undoubtedly a noble ambition, and the Arts Council funding has been too London-centric for too long¸ partly due to the subsidies to the Royal Opera House, which, if the Minister ever visits there, he will see is a bit like the Starship Enterprise, in terms of facilities. In correcting the imbalance, however, does he agree that the Arts Council needs to be careful about not potentially wrecking established institutions such as English National Opera, which was given very little notice of funding cuts? As a result, it is threatening legal action. A soft landing is needed. Does he agree that he needs to speak to the Arts Council to ensure that, when it makes such decisions in future, it has a plan in place to ensure that those institutions are at least protected and have a way in which to cope with the decision?
Stuart Andrew
I reiterate that the Arts Council is an arm’s length organisation. We have had several meetings to hear about the long processes that it has undertaken to consider each of the awards that it has made. We pushed it to increase the transition period of funding, recognising the difficulty that that may present to other people. We hope that both Arts Council England and English National Opera will work together—we certainly encourage them to—on the possibilities for the future of the organisation.
Barbara Keeley (Worsley and Eccles South) (Lab)
We all support the fairer distribution of arts funding and the principle that communities outside London should get a fairer share so that everybody everywhere can enjoy the arts, but levelling up should not be about pitting arts organisations against one another. What we have seen is an attempt to address regional disparity by shifting some funding to the regions, but doing so from a funding pot that has been shrinking since 2010. Does the Minister agree that these very short timeframes and the lack of consultation on these cuts to funding could have a very damaging impact on the ecosystem of the arts?
Several hon. Members rose—
David Simmonds (Ruislip, Northwood and Pinner) (Con)
Michelle Donelan
The Government know the importance of local youth services; that is why we launched the national youth guarantee. The youth investment fund is a £368 million investment to build up or refurbish 300 youth facilities in levelling-up priority areas. The fund opened for applications on 1 August, building on the £12 million that we distributed for minor capital projects earlier, and we expect to announce the first awards early in the new year.
Lucy Powell (Manchester Central) (Lab/Co-op)
There is a running theme here, with the fan-led review delayed, the gambling White Paper delayed, the data Bill delayed, the Online Safety Bill delayed, the media Bill delayed and, apparently, Channel 4 privatisation cancelled. It is a bit like getting an Avanti train, Mr Speaker.
Sally-Ann Hart (Hastings and Rye) (Con)
Mr Speaker
Order. I think we have had this before. These are Topical Questions, and we need very short questions so that all the other Members can get in. Unfortunately we are struggling for time, and we cannot use other people’s time: it is not fair.
The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Paul Scully)
I entirely agree that social mobility is at the heart of what we want to do, and I congratulate those four institutions. If the Minister for Arts and Heritage or the Secretary of State will not come to Hastings and Rye, I certainly will.
BBC Local Radio: Proposed Reduction in Provision
Lindsay Hoyle Excerpts(2 years, 1 month ago)
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The Minister of State, Department for Digital, Culture, Media and Sport (Julia Lopez)
I thank the hon. Lady for highlighting this news announcement that we learned about yesterday, as it gives the House an opportunity to demonstrate the value we all place on BBC local radio services.
We are currently celebrating 100 years of BBC radio. With its unique position in the radio market, the BBC has continued to develop and deliver high-quality and engaging audio services to the country and internationally over the years. BBC local radio is one of the BBC’s crown jewels. Developed in the late 1960s and 1970s, the BBC’s 39 local radio services in England still reach 5.7 million listeners each and every week. As hon. Members know, BBC local radio is highly valued outside London, where stations in Derby, Stoke, Humberside, Cornwall, Devon and elsewhere have higher reach or share numbers than the average.
Changes in patterns of listening mean that the BBC needs to look at its services, and the details about new investment in local investigative reporting are very welcome. But overall we do have concerns about the proposals, which we were not given notice of. I want to take this opportunity to stress that the BBC is rightly operationally and editorially independent from the Government, and that decisions on service delivery are ultimately a matter for it. However, the Government are disappointed that the BBC is reportedly planning to make such extensive cuts to its local radio output. We await to hear more from the BBC about how it expects those changes to impact local communities, including in respect of the provision of local news and media plurality.
At its best, as was particularly shown during the pandemic, BBC local radio is able to bring communities together and it plays a vital role in reflecting local experiences and delivering local news. For older residents living in rural areas, it can be a particular lifeline. The BBC must make sure it continues to provide distinctive and genuinely local radio services, with content that reflects and represents people and communities from all corners of the UK.
We recognise that in the current political context the BBC, like other organisations, is facing difficult financial decisions, but we are also concerned that the BBC is making such far-reaching decisions, particularly about its local news provision, without setting out further detail on how it will impact its audiences and the communities it serves. In the context of a £3.8 billion licence fee income, we do not have any details about how much this proposal is likely to save. The BBC board must make sure that the BBC complies with its charter duties. The Government are clear that Ofcom, as the BBC regulator, must make sure that the BBC is robustly held to account in delivering its mission and public purposes.
We note that as part of this announcement the BBC is also proposing establishing 11 investigative reporting teams across England. That will see the creation of 71 new journalism roles, delivering original stories across TV, radio and online services. As the House will be aware, we are currently undertaking a mid-term charter review, which we have set out and which will evaluate how the BBC and Ofcom assess the market impact and the public value of the BBC in an evolving marketplace and how that relates to the wider UK media ecology, including with regard to commercial radio and local news sectors. Handily, I am scheduled to meet the BBC next week, when I shall see the chairman and director general, and I shall raise with them the concerns that are brought to the Chamber today. We also expect the BBC to brief parliamentarians on its announcements shortly.
Emma Hardy
Thank you for granting the urgent question, Mr Speaker. Let me also welcome the Minister to her place and many of the comments she has made today. BBC local radio stations are vital as sources of information and for sharing communal experiences. I recently attended the Radio Humberside “Make a Difference Awards”, which highlighted the work of local people in their communities. In March last year, Chris Burns, the head of audio and digital for BBC England, celebrated these awards saying:
“The power of radio is huge when it comes to connecting local communities in their hour of need.”
I agree. Local radio, especially Radio Humberside, brings a feeling of belonging and companionship, especially to those who are isolated from everyday interactions. Local radio stations also hold democratically elected local politicians to account, and during the covid lockdowns they provided an invaluable service, enabling and publicising local support initiatives and disseminating up-to-the-minute news.
Local radio has 5.7 million listeners—more listeners than Radio 1 and Radio 5 Live—and it is the embodiment of public service broadcasting, remaining true to the principles behind the creation of the BBC 100 years ago. The plans announced yesterday for changes to the content of local radio—without any consultation at all of local communities—effectively mean that local radio will cease to exist after 2 pm. At Radio Humberside, 139 redundancies are predicted; as well as the impact on the individuals affected, those redundancies represent a collective loss of local expertise and knowledge and of campaigning community voices.
Does the Minister agree that local listeners should have been consulted? Does she agree that the loss of provision will be damaging to local communities as they lose an important voice for their experiences and concerns about local services, democracy and accountability? Finally, does she agree that local radio cannot call itself local when it stops being local after 2 pm?
Julia Lopez
I thank the hon. Lady for her comments and for highlighting the work done by Radio Humberside, as well as the power of radio to connect us in times of need and to ensure local democratic accountability. The mission and public purposes of the BBC include provision of output and services to the UK’s nations, regions and communities. That provision is a key part of the BBC’s remit and we hold the BBC to account for it via Ofcom; it is also something we will look at very closely in the mid-term review.
The hon. Lady highlighted the loss of local expertise. BBC local radio stations have traditionally been a fantastic way to develop local talent which has gone on to be incredibly important national talent, so we have concerns about that. She talked about the need for consultation. I would have hoped to have had more chance to examine these proposals before they were released, and I shall be talking to the BBC about that next week. I am grateful to the hon. Lady for raising these issues.
Julian Knight (Solihull) (Con)
Does the Minister recognise the very real concerns about the potential loss of local distinctiveness through the proposed cuts? Should the BBC really be once again aping the commercial sector by coalescing around theme rather than genuine distinctiveness? That is where we are going with these plans. Does the Minister recognise that the cuts make reforms to radio prominence absolutely crucial? Will she quash growing rumours that the main potential vehicle for such reforms—the media Bill—is to be shelved or delayed?
Julia Lopez
I thank my hon. Friend the Chair of the Select Committee. I am particularly grateful to him and the Committee for their very important work and investigations into local journalism, and for the opportunity to present to the Committee a couple of weeks ago. One of the issues the proposals raise is whether the BBC investing more online has an impact on local news providers, which compete for that online space. On the media Bill, we in DCMS are keen to introduce it as soon as possible and we hope to be able to provide further details.
Stephanie Peacock (Barnsley East) (Lab)
I thank my hon. Friend the Member for Kingston upon Hull West and Hessle (Emma Hardy) for securing this important urgent question, and you for granting it, Mr Speaker.
The BBC is a great British institution and local radio is the cornerstone of it. It is what the BBC does best: whether it be local traffic updates, school closures, weather or other news events, BBC local radio keeps over 6 million people across the country connected to their communities. I know that my local BBC station, Radio Sheffield, keeps the people of Barnsley informed. During the pandemic, it served as a lifeline, providing tailored local updates on the latest case numbers and guidance. More recently, local radio has shown that it has the power to keep national politicians accountable to the people we represent. Of course the BBC needs to change with the times and adapt to a world where people consume their media online, but those adaptations need not be in competition with the services that make the BBC the excellent institution it is.
Under this Government, however, the BBC has been continually undermined. In an already challenging economic environment, the Government’s looming threat of scrapping the licence fee while providing no alternative model has done nothing but further destabilise the position of the BBC. The consequences of that instability are now showing. The journalists on the ground, doing their job, have had to find out through the media that their jobs are at risk of redundancy.
The Minister must take some responsibility and answer the following questions. She said that there was no discussion between the Government and the BBC prior to the decision. What steps will she now take? May I press her again to say when we will finally see the long-awaited media Bill? How will Ministers ensure that people are still able to get high-quality local news and media that keep them connected, especially as local radio stations are often the last local newsroom standing in many areas? Does the Minister acknowledge that threatening the future of the BBC as a whole is already causing it great harm?
Julia Lopez
I thank my hon. Friend for raising the incredibly important work of BBC Radio Lancashire; I am grateful to be able to give it a shout-out. She raises the prospect of a merged Surrey-Sussex-Kent service, and she is right to highlight that that does not provide the kind of local, specialised content that people are looking for when they turn on the radio, and that there is a real risk that people will just turn to national services because that content is not sufficiently directed at them.
Mr Speaker
Of course BBC Radio Lancashire is so important, having Mike Stevens and Graham Liver there all the time.
Karl Turner (Kingston upon Hull East) (Lab)
We all appreciate the brilliance, the quality, the objectivity and the outstanding journalism, production and research of BBC radio journalists—not least, in Hull, in the coverage of rugby league, which you and I are both fans of, Mr Speaker. I urge the Minister to impress upon the director-general the crucial importance of that local knowledge in local BBC radio.
Julia Lopez
I thank the right hon. Gentleman for his suggestion. As I hope he has gathered from my responses, this urgent question has been a useful opportunity for the House to make clear its very strong feelings on this issue and has allowed everybody to highlight particular parts of the country, the particular stories that come from those parts of the country and the talent that is nurtured in those local radio stations.
Andy Carter (Warrington South) (Con)
It is true that the local media ecology has changed beyond all measurable doubt over the past 20 years, but nobody provides local radio in the UK like the BBC, because it is set up and funded as a public service broadcaster. That should be at the heart of the BBC’s delivery. Can my hon. Friend assure me that Ofcom will look carefully at the provision of local services to ensure that older audiences are not disenfranchised by this decision? How can she ensure that other local media provision, particularly online provision that relies on local revenues to support its services, is not impacted by the BBC disproportionately acting online?
Julia Lopez
I had the pleasure of staying in my hon. Friend’s constituency for a few days recently, when I enjoyed the BBC local services on offer which provided a distinct flavour of the region and the local community he represents. It is a point made by many hon. Members that that is the kind of content that people pay the licence fee for, and the BBC should be in no doubt about that.
Jim Shannon (Strangford) (DUP)
Thank you, Mr Speaker. I thank the Minister for her response to questions today. Impartiality is critical. BBC services in Northern Ireland are somewhat limited, but some programming—outside the oft-biased news pieces—is used to promote cultural events such as a Burns night supper or an Irish evening. Can the Minister confirm that the proposed reduction will include a focus on cutting the cost of some of the overpaid staff and rekindling local cultural programmes that are enjoyable and very informative?
Julia Lopez
I know that the hon. Gentleman feels strongly about issues of impartiality in the BBC, and the former Secretary of State extracted several commitments from it, with a 10-point plan to take that forward. As other Members have, he highlights the issue of salary disparity and whether the BBC is putting money in the right places. Those are all questions that need to be answered.
Dr Neil Hudson (Penrith and The Border) (Con)
I share the concerns raised by hon. Members on both sides of the House and by the Minister about these retrograde proposals. In rural areas such as Cumbria, people rely on local radio stations such as BBC Radio Cumbria and on terrestrial TV. They provide a lifeline for news and education, mitigate against rural isolation and support people’s rural mental health. Does she agree that we should resist such reductions and that, in fact, we should bolster and support such vital services?
Julia Lopez
I have said several times, and I will say again, that this is the kind of public service broadcasting content that people pay their licence fee for. Hon. Members have got their views on the issue across loud and clear. I am grateful to everyone who has participated in the urgent question and I will take all the comments and issues that have been raised to the director-general when I meet him next week.
Oral Answers to Questions
Lindsay Hoyle Excerpts(2 years, 1 month ago)
Commons ChamberRead Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Michelle Donelan
Crimes such as those that the hon. Member has mentioned, including hate crimes, are not acceptable on any platform. As I have said, we will bring back the Online Safety Bill imminently. I cannot announce House business here today, but I can assure all Members that the Bill will be coming back very shortly. I share his concerns, as I am sure do all Members.
Julian Knight (Solihull) (Con)
Let me first welcome the Secretary of State to her place, and welcome, too, the refreshing degree of engagement with the Select Committee that is now under way. I also welcome her assurance that she will be strengthening the Online Safety Bill’s protections for children, but there has been speculation, following previous comments, that she will be reviewing the duties of care for adults relating to so-called “legal but harmful content”. Can she clarify what changes she is minded to make in relation to such content?
Michelle Donelan
We will be coming back to the House with this in due course, and the Bill will be coming back imminently. This is my key priority—I cannot stress that enough. Protecting children should be the fundamental responsibility of this House, and we will strengthen the provisions for children. I have given that assurance directly to Ian Russell, and I give it again now in the House. We are, however, rebalancing elements for adults’ freedom of speech, while also holding social media companies to account so that they cannot treat different races and religions differently, contrary to their own terms and conditions. Fundamentally, the Bill must be about ensuring that we are protecting children, and we will be bringing it back to the House as soon as possible.
Alex Davies-Jones (Pontypridd) (Lab)
Last weekend there was yet another case of vile online racist abuse being hurled at a professional footballer, on this occasion the Brentford striker Ivan Toney. Ironically, tomorrow we will all come together to recognise Show Racism the Red Card day. If the Government are at all serious about keeping people safe online, it is vital for those at the top of these multimillion-pound social media companies to be held personally accountable. The Online Safety Bill is our opportunity to do better. Can the Minister therefore tell us exactly why the Government have failed to introduce personal criminal liability measures for senior leaders who have fallen short on their statutory duty to protect us online?
Michelle Donelan
I think it is about time the Opposition remembered that it is this Government who are introducing the Online Safety Bill. It is this Government who committed themselves to it in our manifesto. As I have already told Opposition Members, we will bring it back imminently. I am sure you agree, Mr Speaker, that it would not be proper for me to announce House business here today, but I can assure the hon. Member that this is my top priority. We will be coming back with the Bill shortly. I mean what I say, and I will do what I say.
Michelle Donelan
As I said in answer to the hon. Gentleman’s first question, I am thoroughly reviewing the business case, which is the right thing to do—I am an evidence-based politician. We have a fantastic, growing creative industry in this country, which relies on platforms such as Channel 4. That is, of course, part of the decision- making process.
Stephanie Peacock (Barnsley East) (Lab)
Privatising Channel 4 could result in over 1,000 jobs being lost from the supply chain in our nations and regions. Ministers cannot claim to support levelling up while letting this loss go ahead. When will they finally confirm that they know privatising Channel 4 is the wrong decision for our economy, regions and culture?
Michelle Donelan
My ministerial team and I, as well as the Department, work closely with the Department for Education. Media literacy is of course essential, and the Online Safety Bill will strengthen Ofcom’s media literacy functions. I look forward to further discussions about this with that Department.
Lucy Powell (Manchester Central) (Lab/Co-op)
I welcome the new Secretary of State to her post. She and I have worked together before and I look forward to working with her again in future.
Molly Russell’s death was an avoidable tragedy and serves as a further call to action to regulate social media. We owe it to her family and countless others to do this without delay—this is beyond party politics. The coroner found that much of the self-harm and suicide material that Molly saw was not content she sought, but was pushed to her by engagement algorithms. That goes to the heart of what the Online Safety Bill was seeking to address. Although it was not perfect, the Bill had almost completed its passage here before the summer, and it was already long overdue. Does the Secretary of State accept that these delays are costing lives? Will she take up the offer that I have made to her in private to work together to do whatever it takes to get this Bill on the statute book as soon as possible?
Stephen Hammond (Wimbledon) (Con)
The Secretary of State for Digital, Culture, Media and Sport (Michelle Donelan)
I want to start by paying tribute to my Department for its role in Her late Majesty’s funeral and the Lying in State. At the same time, we have also been getting on with delivering the Government’s priorities. In the coming weeks, we will, among other things, be announcing a new package of measures to assist broadband roll-out, bringing back the Online Safety Bill, providing an update on Channel 4 after reviewing the business case and updating the Gambling Act 2005 and the fan-led reviews.
Stuart Andrew
It seems, following the earlier question from the hon. Member for Bradford East (Imran Hussain), that I am going to have a day trip to Bradford, which I am more than happy to do, considering that it is right next door to my constituency. I was pleased to be at the launch of the men’s tournament; it is fantastic that we are hosting the rugby league world cup, and the hon. Lady rightly highlights Bradford’s ambitious plans, particularly given its city of culture status. I would be more than happy to come and see her.
Mr Philip Hollobone (Kettering) (Con)
We need more full-fibre and gigabit-capable broadband in the Kettering constituency. Can we have it sooner rather than later?
The Attorney General
Justice delayed is justice denied, and that is as accurate today as it ever was. We have to move at pace, while getting it right, and collating the evidence is important. I can tell the hon. Gentleman that we are doing everything we can to support the Ukrainians in every conceivable way, including in this area.
Angela Crawley (Lanark and Hamilton East) (SNP)
I welcome the Attorney General back to his place; he is providing much needed continuity amidst the chaos. Bombings of civilians, conducting executions, torturing war prisoners and sexual violence—independent investigators have concluded that Russia has committed all those crimes. I have heard what the Government intend to do, but what specific steps will they take now and in the future to ensure that perpetrators face the consequences of their actions in an international court?
Online Safety Bill
Lindsay Hoyle ExcerptsTuesday 12th July 2022
(2 years, 5 months ago)
Commons ChamberRead Full debate Online Safety Act 2023 View all Online Safety Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 12 July 2022 - (12 Jul 2022)
Mr Speaker
With this it will be convenient to discuss the following:
New clause 2—Secretary of State’s powers to suggest modifications to a code of practice—
“(1) The Secretary of State may on receipt of a code write within one month of that day to OFCOM with reasoned, evidence-based suggestions for modifying the code.
(2) OFCOM shall have due regard to the Secretary of State’s letter and must reply to the Secretary of State within one month of receipt.
(3) The Secretary of State may only write to OFCOM twice under this section for each code.
(4) The Secretary of State and OFCOM shall publish their letters as soon as reasonably possible after transmission, having made any reasonable redactions for public safety and national security.
(5) If the draft of a code of practice contains modifications made following changes arising from correspondence under this section, the affirmative procedure applies.”
New clause 3—Priority illegal content: violence against women and girls—
“(1) For the purposes of this Act, any provision applied to priority illegal content should also be applied to any content which—
(a) constitutes,
(b) encourages, or
(c) promotes
(2) ‘Violence against women and girls’ is defined by Article 3 of the Council of Europe Convention on Preventing Violence Against Women and Domestic Violence (‘the Istanbul Convention’).”
This new clause applies provisions to priority illegal content to content which constitutes, encourages or promotes violence against women and girls.
New clause 4—Duty about content advertising or facilitating prostitution: Category 1 and Category 2B services—
“(1) A provider of a Category 1 or Category 2B service must operate the service so as to—
(a) prevent individuals from encountering content that advertises or facilitates prostitution;
(b) minimise the length of time for which any such content is present;
(c) where the provider is alerted by a person to the presence of such content, or becomes aware of it in any other way, swiftly take down such content.
(2) A provider of a Category 1 or Category 2B service must include clear and accessible provisions in a publicly available statement giving information about any proactive technology used by the service for the purpose of compliance with the duty set out in subsection (1) (including the kind of technology, when it is used, and how it works).
(3) If a person is the provider of more than one Category 1 or Category 2B service, the duties set out in this section apply in relation to each such service.
(4) The duties set out in this section extend only to the design, operation and use of a Category 1 or Category 2B service in the United Kingdom.
(5) For the meaning of ‘Category 1 service’ and ‘Category 2B service’, see section 81 (register of categories of services).
(6) For the meaning of ‘prostitution’, see section 54 of the Sexual Offences Act 2003.”
New clause 5—Duty about content advertising or facilitating prostitution: Category 2A services—
“(1) A provider of a Category 2A service must operate that service so as to minimise the risk of individuals encountering content which advertises or facilitates prostitution in or via search results of the service.
(2) A provider of a Category 2A service must include clear and accessible provisions in a publicly available statement giving information about any proactive technology used by the service for the purpose of compliance with the duty set out in subsection (1) (including the kind of technology, when it is used, and how it works).
(3) The reference to encountering content which advertises or facilitates prostitution “in or via search results” of a search service does not include a reference to encountering such content as a result of any subsequent interactions with an internet service other than the search service.
(4) If a person is the provider of more than one Category 2A service, the duties set out in this section apply in relation to each such service.
(5) The duties set out in this section extend only to the design, operation and use of a Category 2A service in the United Kingdom.
(6) For the meaning of ‘Category 2A service’, see section 81 (register of categories of services).
(7) For the meaning of ‘prostitution’, see section 54 of the Sexual Offences Act 2003.”
New clause 6—Duty about content advertising or facilitating prostitution: internet services providing pornographic content—
“(1) A provider of an internet service within the scope of section 67 of this Act must operate that service so as to—
(a) prevent individuals from encountering content that advertises or facilitates prostitution;
(b) minimise the length of time for which any such content is present;
(c) where the provider is alerted by a person to the presence of such content, or becomes aware of it in any other way, swiftly take down such content.
(2) A provider of an internet service under this section must include clear and accessible provisions in a publicly available statement giving information about any proactive technology used by the service for the purpose of compliance with the duty set out in subsection (1) (including the kind of technology, when it is used, and how it works).
(3) If a person is the provider of more than one internet service under this section, the duties set out in this section apply in relation to each such service.
(4) For the meaning of ‘prostitution’, see section 54 of the Sexual Offences Act 2003.”
New clause 8—Duties about advertisements for cosmetic procedures—
“(1) A provider of a regulated service must operate the service using systems and processes designed to—
(a) prevent individuals from encountering advertisements for cosmetic procedures that do not meet the conditions specified in subsection (3);
(b) minimise the length of time for which any such advertisement is present;
(c) where the provider is alerted by a person to the presence of such an advertisement, or becomes aware of it in any other way, swiftly take it down.
(2) A provider of a regulated service must include clear and accessible provisions in the terms of service giving information about any proactive technology used by the service for the purpose of compliance with the duty set out in subsection (1) (including the kind of technology, when it is used, and how it works).
(3) The conditions under subsection (1)(a) are that the advertisement—
(a) contains a disclaimer as to the health risks of the cosmetic procedure, and
(b) includes a certified service quality indicator.
(4) If a person is the provider or more than one regulated service, the duties set out in this section apply in relation to each such service.
(5) The duties set out in this section extent only to the design, operation and use of a regulated service in the United Kingdom.
(6) For the meaning of ‘regulated service’, see section 3 (‘Regulated service’. ‘Part 3 service’ etc).”
This new clause would place a duty on all internet service providers regulated by the Bill to prevent individuals from encountering adverts for cosmetic procedures that do not contain a disclaimer as to the health risks of the procedure nor include a certified service quality indicator.
New clause 9—Content harmful to adults risk assessment duties: regulated search services—
“(1) This section sets out the duties about risk assessments which apply in relation to all regulated search services.
(2) A duty to carry out a suitable and sufficient priority adults risk assessment at a time set out in, or as provided by Schedule 3.
(3) A duty to take appropriate steps to keep an adults’ risk assessment up to date, including when OFCOM make any significant change to a risk profile that relates to services of the kind in question.
(4) Before making any significant change to any aspect of a service’s design or operation, a duty to carry out a further suitable and sufficient adult risk assessment relating to the impacts of that proposed change.
(5) An ‘adults risk assessment’ of a service of a particular kind means an assessment of the following matters, taking into account the risk profile that relates to services of that kind—
(a) the level of risk of individuals who are users of the service encountering each kind of priority content that is harmful to adults (with each kind separately assessed), taking into account (in particular) risks presented by algorithms used by the service, and the way that the service indexes, organises and presents search results;
(b) the level of risk of functionalities of the service facilitating individuals encountering search content that is harmful to adults, identifying and assessing those functionalities that present higher levels of risk;
(c) the nature, and severity, of the harm that might be suffered by individuals from the matters identified in accordance with paragraphs (a) and (b);
(d) how the design and operation of the service (including the business model, governance, use of proactive technology, measures to promote users’ media literacy and safe use of the service, and other systems and processes) may reduce or increase the risks identified.
(6) In this section, references to risk profiles are to the risk profiles for the time being published under section 84 which relate to the risk of harm to adults presented by priority content that is harmful to adults.
(7) See also—section 20(2) (records of risk assessments), and Schedule 3 (timing of providers’ assessments).”
New clause 10—Safety Duties Protecting Adults: regulated search services—
“(1) This section sets out the duties about protecting adults which apply in relation to all regulated search services.
(2) A duty to summarise in the policies of the search service the findings of the most recent adults’ risk assessment of a service (including as to levels of risk and as to nature, and severity, of potential harm to adults).
(3) A duty to include provisions in the search service policies specifying, in relation to each kind of priority content that is harmful to adults that is to be treated in a way described in subsection (4), which of those kinds of treatment is to be applied.
(4) The duties set out in subsections (2) and (3) apply across all areas of a service, including the way the search engine is operated and used as well as search content of the service, and (among other things) require the provider of a service to take or use measures in the following areas, if it is proportionate to do so—
(a) regulatory compliance and risk management arrangements,
(b) design of functionalities, algorithms and other features relating to the search engine,
(c) functionalities allowing users to control the content they encounter in search results,
(d) content prioritisation and ranking,
(e) user support measures, and
(f) staff policies and practices.
(5) A duty to explain in the terms of service the provider’s response to the risks relating to priority content that is harmful to adults (as identified in the most recent adults’ risk assessment of the service), by reference to—
(a) any provisions of the policies included in compliance with the duty set out in subsection (3), and
(b) any other provisions of the terms of service designed to mitigate or manage those risks.
(6) If provisions are included in the policies in compliance with the duty set out in subsection (3), a duty to ensure that those provisions—
(a) are clear and accessible, and
(b) are applied consistently in relation to content which the provider reasonably considers is priority
(NaN) If the provider of a service becomes aware of any non-designated content that is harmful to adults present on the service, a duty to notify OFCOM of—
(a) the kinds of such content identified, and
(b) the incidence of those kinds of content on the service.
(NaN) A duty to ensure that the provisions of the publicly available statement referred to in subsections (5) and (7) are clear and accessible.
(NaN) In this section—
‘adults’ risk assessment’ has the meaning given by section 12;
‘non-designated content that is harmful to adults’ means content that is harmful to adults other than priority content that is harmful to adults.”
New clause 18—Child user empowerment duties—
“(1) This section sets out the duties to empower child users which apply in relation to Category 1 services.
(2) A duty to include in a service, to the extent that it is proportionate to do so, features which child users may use or apply if they wish to increase their control over harmful content.
(3) The features referred to in subsection (2) are those which, if used or applied by a user, result in the use by the service of systems or processes designed to—
(a) reduce the likelihood of the user encountering priority content that is harmful, or particular kinds of such content, by means of the service, or
(b) alert the user to the harmful nature of priority content that is harmful that the user may encounter by means of the service.
(4) A duty to ensure that all features included in a service in compliance with the duty set out in subsection (2) are made available to all child users.
(5) A duty to include clear and accessible provisions in the terms of service specifying which features are offered in compliance with the duty set out in subsection (2), and how users may take advantage of them.
(6) A duty to include in a service features which child users may use or apply if they wish to filter out non-verified users.
(7) The features referred to in subsection (6) are those which, if used or applied by a user, result in the use by the service of systems or processes designed to—
(a) prevent non-verified users from interacting with content which that user generates, uploads or shares on the service, and
(b) reduce the likelihood of that user encountering content which non-verified users generate, upload or share on the service.
(8) A duty to include in a service features which child users may use or apply if they wish to only encounter content by users they have approved.
(9) A duty to include in a service features which child users may use or apply if they wish to filter out private messages from—
(a) non-verified users, or
(b) adult users, or
(c) any user other than those on a list approved by the child user.
(10) In determining what is proportionate for the purposes of subsection (2), the following factors, in particular, are relevant—
(a) all the findings of the most recent child risk assessment (including as to levels of risk and as to nature, and severity, of potential harm), and
(b) the size and capacity of the provider of a service.
(11) In this section ‘non-verified user’ means a user who has not verified their identity to the provider of a service (see section 57(1)).
(12) In this section references to features include references to functionalities and settings.”
New clause 24—Category 1 services: duty not to discriminate, harass or victimise against service users—
“(1) The following duties apply to all providers of Category 1 services.
(2) A duty not to discriminate, on the grounds of a protected characteristic, against a person wishing to use the service by not providing the service, if the result of not providing the service is to cause harm to that person.
(3) A duty not to discriminate, on the grounds of a protected characteristic, against any user of the service in a way that causes harm to the user—
(a) as to the terms on which the provider provides the service to the user;
(b) by terminating the provision of the service to the user;
(c) by subjecting the user to any other harm.
(4) A duty not to harass, on the grounds of a protected characteristic, a user of the service in a way that causes harm to the user.
(5) A duty not to victimise because of a protected characteristic a person wishing to use the service by not providing the user with the service, if the result of not providing the service is to cause harm to that person.
(6) A duty not to victimise a service user—
(a) as to the terms on which the provider provides the service to the user;
(b) by terminating the provision of the service to the user;
(c) by subjecting the user to any other harm.
(7) In this section—
references to harassing, discriminating or victimising have the same meaning as set out in Part 2 of the Equality Act 2010;
‘protected characteristic’ means a characteristic listed in section 4 of the Equality Act 2010.”
This new clause would place a duty, regulated by Ofcom, on Category 1 service providers not to discriminate, harass or victimise users of their services on the basis of a protected characteristic if doing so would result in them being caused harm. Discrimination, harassment and victimisation, and protected characteristics, have the same meaning as in the Equality Act 2010.
New clause 25—Report on duties that apply to all internet services likely to be accessed by children—
“(1) Within 12 months of this Act receiving Royal Assent, the Secretary of State must commission an independent evaluation of the matters under subsection (2) and must lay the report of the evaluation before Parliament.
(2) The evaluation under subsection (1) must consider whether the following duties should be imposed on all providers of services on the internet that are likely to be accessed by children, other than services regulated by this Act—
(a) duties similar to those imposed on regulated services by sections 10 and 25 of this Act to carry out a children’s risk assessment, and
(b) duties similar to those imposed on regulated services by sections 11 and 26 of this Act to protect children’s online safety.”
This new clause would require the Secretary of State to commission an independent evaluation on whether all providers of internet services likely to be accessed by children should be subject to child safety duties and must conduct a children’s risk assessment.
New clause 26—Safety by design—
“(1) In exercising their functions under this Act—
(a) The Secretary of State, and
(b) OFCOM
must have due regard to the principles in subsections (2)-(3).
(2) The first principle is that providers of regulated services should design those services to prevent harmful content from being disseminated widely, and that this is preferable in the first instance to both—
(a) removing harmful content after it has already been disseminated widely, and
(b) restricting which users can access the service or part of it on the basis that harmful content is likely to disseminate widely on that service.
(4) The second principle is that providers of regulated services should safeguard freedom of expression and participation, including the freedom of expression and participation of children.”
This new clause requires the Secretary of State and Ofcom to have due regard to the principle that internet services should be safe by design.
New clause 27—Publication of risk assessments—
“Whenever a Category 1 service carries out any risk assessment pursuant to Part 3 of this Act, the service must publish the risk assessment on the service’s website.”
New clause 38—End-to-end encryption—
“Nothing in this Act shall prevent providers of user-to-user services protecting their users’ privacy through end-to-end encryption.”
Government amendment 57.
Amendment 202, in clause 6, page 5, line 11, at end insert—
“(ba) the duty about pornographic content set out in Schedule [Additional duties on pornographic content].”
This amendment ensures that user-to-user services must meet the new duties set out in NS1.
Government amendments 163, 58, 59 and 60.
Amendment 17, in clause 8, page 7, line 14, at end insert—
“(h) how the service may be used in conjunction with other regulated user-to-user services such that it may—
(i) enable users to encounter illegal content on other regulated user-to-user services, and
(ii) constitute part of a pathway to harm to individuals who are users of the service, in particular in relation to CSEA content.”
This amendment would incorporate into the duties a requirement to consider cross-platform risk.
Amendment 15, in clause 8, page 7, line 14, at end insert—
“(5A) The duties set out in this section apply in respect of content which reasonably foreseeably facilitates or aids the discovery or dissemination of CSEA content.”
This amendment extends the illegal content risk assessment duties to cover content which could be foreseen to facilitate or aid the discovery or dissemination of CSEA content.
Government amendments 61 and 62.
Amendment 18, page 7, line 30 [Clause 9], at end insert—
“(none) ‘, including by being directed while on the service towards priority illegal content hosted by a different service;’
This amendment aims to include within companies’ safety duties a duty to consider cross-platform risk.
Amendment 16, in clause 9, page 7, line 35, at end insert—
“(d) minimise the presence of content which reasonably foreseeably facilitates or aids the discovery or dissemination of priority illegal content, including CSEA content.”
This amendment brings measures to minimise content that may facilitate or aid the discovery of priority illegal content within the scope of the duty to maintain proportionate systems and processes.
Amendment 19, in clause 9, page 7, line 35, at end insert—
“(3A) A duty to collaborate with other companies to take reasonable and proportionate measures to prevent the means by which their services can be used in conjunction with other services to facilitate the encountering or dissemination of priority illegal content, including CSEA content.”
This amendment creates a duty to collaborate in cases where there is potential cross-platform risk in relation to priority illegal content and CSEA content.
Government amendments 63 to 67.
Amendment 190, page 10, line 11, in clause 11, at end insert “, and—
(c) mitigate the harm to children caused by habit-forming features of the service by consideration and analysis of how processes (including algorithmic serving of content, the display of other users’ approval of posts and notifications) contribute to development of habit-forming behaviour.”
This amendment requires services to take or use proportionate measures to mitigate the harm to children caused by habit-forming features of a service.
Government amendments 68 and 69.
Amendment 42, page 11, line 16, in clause 11, at end insert—
“(c) the benefits of the service to children’s well-being.”
Amendment 151, page 12, line 43, leave out Clause 13.
This amendment seeks to remove Clause 13 from the Bill.
Government amendment 70.
Amendment 48, page 13, line 5, in clause 13, leave out “is to be treated” and insert
“the provider decides to treat”
This amendment would mean that providers would be free to decide how to treat content that has been designated ‘legal but harmful’ to adults.
Amendment 49, page 13, line 11, in clause 13, at end insert—
‘(ca) taking no action;”
This amendment provides that providers would be free to take no action in response to content referred to in subsection (3).
Government amendments 71 and 72.
Amendment 157, page 14, line 11, in clause 14, leave out subsections (6) and (7).
This amendment is consequential to Amendment 156, which would require all users of Category 1 services to be verified.
Government amendments 73, 164, 74 and 165.
Amendment 10, page 16, line 16, in clause 16, leave out from “or” until the end of line 17.
Government amendments 166 and 167.
Amendment 50, page 20, line 21, in clause 19, at end insert—
“(6A) A duty to include clear provision in the terms of service that the provider will not take down, or restrict access to content generated, uploaded or shared by a user save where it reasonably concludes that—
(a) the provider is required to do so pursuant to the provisions of this Act, or
(b) it is otherwise reasonable and proportionate to do so.”
This amendment sets out a duty for providers to include in terms of service a commitment not to take down or restrict access to content generated, uploaded or shared by a user except in particular circumstances.
Government amendment 168.
Amendment 51, page 20, line 37, in clause 19, at end insert—
“(10) In any claim for breach of contract brought in relation to the provisions referred to in subsection (7), where the breach is established, the court may make such award by way of compensation as it considers appropriate for the removal of, or restriction of access to, the content in question.”
This amendment means that where a claim is made for a breach of the terms of service result from Amendment 50, the court has the power to make compensation as it considers appropriate.
Government amendment 169.
Amendment 47, page 22, line 10, in clause 21, at end insert—
“(ba) the duties about adults’ risk assessment duties in section (Content harmful to adult risk assessment duties: regulated search services),
(bb) the safety duties protecting adults in section (Safety duties protecting adults: regulated search services).”
Government amendments 75 to 82.
Amendment 162, page 31, line 19, in clause 31, leave out “significant”
This amendment removes the requirement for there to be a “significant” number of child users, and replaces it with “a number” of child users.
Government amendments 85 to 87.
Amendment 192, page 36, line 31, in clause 37, at end insert—
“(ha) persons whom OFCOM consider to have expertise in matters relating to the Equality Act 2010,”
This amendment requires Ofcom to consult people with expertise on the Equality Act 2010 about codes of practice.
Amendment 44, page 37, line 25, in clause 39, leave out from beginning to the second “the” in line 26.
This amendment will remove the ability of the Secretary of State to block codes of practice being, as soon as practical, laid before the House for its consideration.
Amendment 45, page 38, line 8, leave out Clause 40.
This amendment will remove the ability of the Secretary of State to block codes of practice being, as soon as practical, laid before the House for its consideration.
Amendment 13, page 38, line 12, in clause 40, leave out paragraph (a).
Amendment 46, page 39, line 30, leave out Clause 41.
This amendment will remove the ability of the Secretary of State to block codes of practice being, as soon as practical, laid before the House for its consideration.
Amendment 14, page 39, line 33, in clause 41, leave out subsection (2).
Amendment 21, page 40, line 29, in clause 43, leave out “may require” and insert “may make representations to”
Amendment 22, page 40, line 33, in clause 43, at end insert—
‘(2A) OFCOM must have due regard to representations by the Secretary of State under subsection (2).”
Government amendments 88 to 89 and 170 to 172.
Amendment 161, page 45, line 23, in clause 49, leave out paragraph (d).
This amendment removes the exemption for one-to-one live aural communications.
Amendment 188, page 45, line 24, in clause 49, leave out paragraph (e).
This amendment removes the exemption for comments and reviews on provider content.
Government amendments 90 and 173.
Amendment 197, page 47, line 12, in clause 50, after “material” insert
“or special interest news material”.
Amendment 11, page 47, line 19, in clause 50, after “has” insert “suitable and sufficient”.
Amendment 198, page 47, line 37, in clause 50, leave out the first “is” and insert
“and special interest news material are”.
Amendment 199, page 48, line 3, in clause 50, at end insert—
““special interest news material” means material consisting of news or information about a particular pastime, hobby, trade, business, industry or profession.”
Amendment 12, page 48, line 7, in clause 50, after “a” insert “suitable and sufficient”.
Government amendments 91 to 94.
Amendment 52, page 49, line 13, in clause 52, leave out paragraph (d).
This amendment limits the list of relevant offences to those specifically specified.
Government amendments 95 to 100.
Amendment 20, page 51, line 3, in clause 54, at end insert—
‘(2A) Priority content designated under subsection (2) must include—
(a) content that contains public health related misinformation or disinformation, and
(b) misinformation or disinformation that is promulgated by a foreign state.”
This amendment would require the Secretary of State’s designation of “priority content that is harmful to adults” to include public health-related misinformation or disinformation, and misinformation or disinformation spread by a foreign state.
Amendment 53, page 51, line 47, in clause 55, after “State” insert “reasonably”.
This amendment, together with Amendment 54, would mean that the Secretary of State must reasonably consider the risk of harm to each one of an appreciable number of adults before specifying a description of the content.
Amendment 54, page 52, line 1, in clause 55, after “to” insert “each of”.
This amendment is linked to Amendment 53.
Amendment 55, page 52, line 12, in clause 55, after “OFCOM” insert
“, Parliament and members of the public in a manner the Secretary of State considers appropriate”.
This amendment requires the Secretary of State to consult Parliament and the public, as well as Ofcom, in a manner the Secretary of State considers appropriate before making regulations about harmful content.
Government amendments 147 to 149.
Amendment 43, page 177, line 23, in schedule 4, after “ages” insert
“, including the benefits of the service to their well-being,”
Amendment 196, page 180, line 9, in schedule 4, at end insert—
Amendment 187, page 186, line 32, in schedule 7, at end insert—
“Human trafficking
22A An offence under section 2 of the Modern Slavery Act 2015.”
This amendment includes Human Trafficking as a priority offence.
Amendment 211, page 187, line 23, in schedule 7, at end insert—
Government new clause 14.
Government new clause 15.
Government amendments 83 to 84.
Amendment 156, page 53, line 7, in clause 57, leave out subsections (1) and (2) and insert—
‘(1) A provider of a Category 1 service must require all adult users of the service to verify their identity in order to access the service.
(2) The verification process—
(a) may be of any kind (and in particular, it need not require documentation to be provided),
(b) must—
(i) be carried out by a third party on behalf of the provider of the Category 1 service,
(ii) ensure that all anonymous users of the Category 1 service cannot be identified by other users, apart from where provided for by section (Duty to ensure anonymity of users).”
This amendment would require all users of Category 1 services to be verified. The verification process would have to be carried out by a third party and to ensure the anonymity of users.
Government amendment 101.
Amendment 193, page 58, line 33, in clause 65, at end insert—
“(ea) persons whom OFCOM consider to have expertise in matters relating to the Equality Act 2010,”
This amendment requires Ofcom to consult people with expertise on the Equality Act 2010 in respect of guidance about transparency reports.
Amendment 203, page 60, line 33, in clause 68, at end insert—
‘(2B) A duty to meet the conditions set out in Schedule [Additional duties on pornographic content].”
This amendment ensures that commercial pornographic websites must meet the new duties set out in NS1.
Government amendments 141, 177 to 184, 142 to 145, 185 to 186 and 146.
New schedule 1—Additional duties on pornographic content
“30 All user-to-user services and an internet service which provides regulated provider pornographic content must meet the following conditions for pornographic content and content that includes sexual photographs and films (“relevant content”).
The conditions are—
(a) the service must not contain any prohibited material,
(b) the service must review all relevant content before publication.
31 In this Schedule—
“photographs and films” has the same meaning as section 34 of the Criminal Justice and Courts Act 2015 (meaning of “disclose” and “photograph or film”)
“prohibited material” has the same meaning as section 368E(3) of the Communications Act 2003 (harmful material).”
The new schedule sets out additional duties for pornographic content which apply to user-to-user services under Part 3 and commercial pornographic websites under Part 5.
Government amendments 150 and 174.
Amendment 191, page 94, line 24, in clause 12, at end insert—
“Section [Category 1 services: duty not to discriminate against, harass or victimise service users] Duty not to discriminate against, harass or victimise
This amendment makes NC24 an enforceable requirement.
Government amendment 131.
Damian Collins
Thank you, Mr Speaker. I am honoured to have been appointed the Minister responsible for the Online Safety Bill. Having worked on these issues for a number of years, I am well aware of the urgency and importance of this legislation, in particular to protect children and tackle criminal activity online—that is why we are discussing this legislation.
Relative to the point of order from my right hon. Friend the Member for Haltemprice and Howden (Mr Davis), I have the greatest respect for him and his standing in this House, but it feels like we have been discussing this Bill for at least five years. We have had a Green Paper and a White Paper. We had a pre-legislative scrutiny process, which I was honoured to be asked to chair. We have had reports from the Digital, Culture, Media and Sport Committee and from other Select Committees and all-party parliamentary groups of this House. This legislation does not want for scrutiny.
We have also had a highly collaborative and iterative process in the discussion of the Bill. We have had 66 Government acceptances of recommendations made by the Joint Committee on the draft Online Safety Bill. We have had Government amendments in Committee. We are discusssing Government amendments today and we have Government commitments to table amendments in the House of Lords. The Bill has received a huge amount of consultation. It is highly important legislation, and the victims of online crime, online fraud, bullying and harassment want to see us get the Bill into the Lords and on the statute book as quickly as possible.
Damian Collins
I completely agree with my right hon. and learned Friend. That is why the Bill passed Second Reading without a Division and the Joint Committee produced a unanimous report. I am happy for Members to cast me in the role of poacher turned gamekeeper on the Bill, but looking around the House, there are plenty of gamekeepers turned poachers here today who will ensure we have a lively debate.
Damian Collins
Exactly. The concept at the heart of this legislation is simple. Tech companies, like those in every other sector, must take appropriate responsibility for the consequences of their business decisions. As they continue to offer their users the latest innovations that enrich our lives, they must consider safety as well as profit. They must treat their users fairly and ensure that the internet remains a place for robust debate. The Bill has benefited from input and scrutiny from right across the House. I pay tribute to my predecessor, my hon. Friend the Member for Croydon South (Chris Philp), who has worked tirelessly on the Bill, not least through 50 hours of Public Bill Committee, and the Bill is better for his input and work.
We have also listened to the work of other Members of the House, including my right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright), the right hon. Member for Barking (Dame Margaret Hodge), my right hon. Friend the Member for Haltemprice and Howden and the Chair of the Select Committee, my hon. Friend the Member for Solihull (Julian Knight), who have all made important contributions to the discussion of the Bill.
We have also listened to those concerned about freedom of expression online. It is worth pausing on that, as there has been a lot of discussion about whether the Bill is censoring legal speech online and much understandable outrage from those who think it is. I asked the same questions when I chaired the Joint Committee on the Bill. This debate does not reflect the actual text of the Bill itself. The Bill does not require platforms to restrict legal speech—let us be absolutely clear about that. It does not give the Government, Ofcom or tech platforms the power to make something illegal online that is legal offline. In fact, if those concerned about the Bill studied it in detail, they would realise that the Bill protects freedom of speech. In particular, the Bill will temper the huge power over public discourse wielded by the big tech companies behind closed doors in California. They are unaccountable for the decisions they make on censoring free speech on a daily basis. Their decisions about what content is allowed will finally be subject to proper transparency requirements.
Dame Diana Johnson (Kingston upon Hull North) (Lab)
I beg to move, That the clause be read a Second time.
Mr Deputy Speaker
With this it will be convenient to discuss the following:
New clause 33—Meaning of “pornographic content”—
“(1) In this Act ‘pornographic content’ means any of the following—
(a) a video work in respect of which the video works authority has issued an R18 certificate;
(b) content that was included in a video work to which paragraph (a) applies, if it is reasonable to assume from its nature that its inclusion was among the reasons why the certificate was an R18 certificate;
(c) any other content if it is reasonable to assume from its nature that any classification certificate issued in respect of a video work including it would be an R18 certificate;
(d) a video work in respect of which the video works authority has issued an 18 certificate, and that it is reasonable to assume from its nature was produced solely or principally for the purposes of sexual arousal;
(e) content that was included in a video work to which paragraph (d) applies, if it is reasonable to assume from the nature of the content—
(i) that it was produced solely or principally for the purposes of sexual arousal, and
(ii) that its inclusion was among the reasons why the certificate was an 18 certificate;
(f) any other content if it is reasonable to assume from its nature—
(i) that it was produced solely or principally for the purposes of sexual arousal, and
(ii) that any classification certificate issued in respect of a video work including it would be an 18 certificate;
(g) a video work that the video works authority has determined not to be suitable for a classification certificate to be issued in respect of it, if—
(i) it includes content that it is reasonable to assume from its nature was produced solely or principally for the purposes of sexual arousal, and
(ii) it is reasonable to assume from the nature of that content that its inclusion was among the reasons why the video works authority made that determination;
(h) content that was included in a video work that the video works authority has determined not to be suitable for a classification certificate to be issued in respect of it, if it is reasonable to assume from the nature of the content—
(i) that it was produced solely or principally for the purposes of sexual arousal, and
(ii) that its inclusion was among the reasons why the video works authority made that determination;
(i) any other content if it is reasonable to assume from the nature of the content—
(i) that it was produced solely or principally for the purposes of sexual arousal, and
(ii) that the video works authority would determine that a video work including it was not suitable for a classification certificate to be issued in respect of it.
(2) In this section—
‘18 certificate’ means a classification certificate which—
(a) contains, pursuant to section 7(2)(b) of the Video Recordings Act 1984, a statement that the video work is suitable for viewing only by persons who have attained the age of 18 and that no video recording containing that work is to be supplied to any person who has not attained that age, and
(b) does not contain the statement mentioned in section 7(2)(c) of that Act that no video recording containing the video work is to be supplied other than in a licensed sex shop;
‘classification certificate’ has the same meaning as in the Video Recordings Act 1984 (see section 7 of that Act);
‘content’ means—
(a) a series of visual images shown as a moving picture, with or without sound;
(b) a still image or series of still images, with or without sound; or
(c) sound;
‘R18 certificate’ means a classification certificate which contains the statement mentioned in section 7(2)(c) of the Video Recordings Act 1984 that no video recording containing the video work is to be supplied other than in a licensed sex shop;
‘the video works authority’ means the person or persons designated under section 4(1) of the Video Recordings Act 1984 as the authority responsible for making arrangements in respect of video works other than video games;
‘video work’ means a video work within the meaning of the Video Recordings Act 1984, other than a video game within the meaning of that Act.”
This new clause defines pornographic content for the purposes of the Act and would apply to user-to-user services and commercial pornographic content.
Amendment 205, in clause 34, page 33, line 23, at end insert—
“(3A) But an advertisement shall not be regarded as regulated user-generated content and precluded from being a ‘fraudulent advertisement’ by reason of the content constituting the advertisement being generated directly on, uploaded to, or shared on a user-to-user service before being modified to a paid-for advertisement.”
Amendment 206, page 33, line 30, after “has” insert
“or may reasonably be expected to have”.
Amendment 207, in clause 36, page 35, line 12, at end insert—
“(3A) An offence under section 993 of the Companies Act 2006 (fraudulent trading).”
Amendment 208, page 35, line 18, after “(3)” insert “, 3(A)”.
Amendment 209, page 35, line 20, after “(3)” insert “, 3(A)”
Amendment 210, page 35, line 23, after “(3)” insert “, 3(A)”
Amendment 201, in clause 66, page 59, line 8, leave out from “Pornographic content” to end of line 10 and insert
“has the same meaning as section [meaning of pornographic content]”.
This amendment defines pornographic content for the purposes of the Part 5. It is consequential on NC33.
Amendment 56, page 59, line 8, after “content” insert “, taken as a whole,”
This amendment would require that content is considered as a whole before being defined as pornographic content.
Amendment 33, in clause 68, page 60, line 33, at end insert—
“(2A) A duty to verify that every individual featured in regulated provider pornographic content is an adult before the content is published on the service.
(2B) A duty to verify that every individual featured in regulated provider pornographic content that is already published on the service when this Act is passed is an adult and, where that is not the case, remove such content from the service.
(2C) A duty to verify that each individual appearing in regulated provider pornographic content has given their permission for the content in which they appear to be published or made available by the internet service.
(2D) A duty to remove regulated provider pornographic content featuring an individual if that individual withdraws their consent, at any time, to the pornographic content in which they feature remaining on the service.”
This amendment creates a duty to verify that each individual featured in pornographic content is an adult and has agreed to the content being uploaded before it is published. It would also impose a duty to remove content if the individual withdraws consent at any time.
Amendment 34, page 60, line 37, leave out “subsection (2)” and insert “subsections (2) to (2D)”.
This amendment is consequential on Amendment 33.
Amendment 31, in clause 182, page 147, line 16, leave out from “unless” to end of line 17 and insert—
“(a) a draft of the instrument has been laid before each House of Parliament,
“(b) the Secretary of State has made a motion in the House of Commons in relation to the draft instrument, and
(c) the draft instrument has been approved by a resolution of each House of Parliament.”
This amendment would require a draft of a statutory instrument containing regulations under sections 53 or 54 to be debated on the floor of the House of Commons, rather than in a delegated legislation committee (as part of the affirmative procedure).
Amendment 158, in clause 192, page 155, line 26, after “including” insert “but not limited to”.
This amendment clarifies that the list of types of content in clause 192 is not exhaustive.
Dame Diana Johnson
May I welcome the Minister to his place, as I did not get an opportunity to speak on the previous group of amendments?
New clause 7 and amendments 33 and 34 would require online platforms to verify the age and consent of all individuals featured in pornographic videos uploaded to their site, as well as enabling individuals to withdraw their consent to the footage remaining on the website. Why are the amendments necessary? Let me read a quotation from a young woman:
“I sent Pornhub begging emails. I pleaded with them. I wrote, ‘Please, I’m a minor, this was assault, please take it down.’”
She received no reply and the videos remained live. That is from a BBC article entitled “I was raped at 14, and the video ended up on a porn site”.
This was no one-off. Some of the world’s biggest pornography websites allow members of the public to upload videos without verifying that everyone in the film is an adult or that everyone in the film gave their permission for it to be uploaded. As a result, leading pornography websites have been found to be hosting and profiting from filmed footage of rape, sex trafficking, image-based sexual abuse and child sexual abuse.
In 2020, The New York Times documented the presence of child abuse videos on Pornhub, one of the most popular pornography websites in the world, prompting Mastercard, Visa and Discover to block the use of their cards for purchases on the site. The New York Times reporter Nicholas Kristof wrote about Pornhub:
“Its site is infested with rape videos. It monetizes child rapes, revenge pornography, spy cam videos of women showering, racist and misogynist content, and footage of women being asphyxiated in plastic bags.”
Even before that, in 2019, PayPal took the decision to stop processing payments for Pornhub after an investigation by The Sunday Times revealed that the site contained child abuse videos and other illegal content. The newspaper reported:
“Pornhub is awash with secretly filmed ‘creepshots’ of schoolgirls and clips of men performing sex acts in front of teenagers on buses. It has also hosted indecent images of children as young as three.
The website says it bans content showing under-18s and removes it swiftly. But some of the videos identified by this newspaper’s investigation had 350,000 views and had been on the platform for more than three years.”
One of the women who is now being forced to take legal action against Pornhub’s parent company, MindGeek, is Crystal Palace footballer Leigh Nicol. Leigh’s phone was hacked and private content was uploaded to Pornhub without her knowledge. She said in an interview:
“The damage is done for me so this is about the next generation. I feel like prevention is better than someone having to react to this. I cannot change it alone but if I can raise awareness to stop it happening to others then that is what I want to do…The more that you dig into this, the more traumatising it is because there are 14-year-old kids on these websites and they don’t even know about it. The fact that you can publish videos that have neither party’s consent is something that has to be changed by law, for sure.”
Leigh Nicol is spot on.
Unfortunately, when this subject was debated in Committee, the previous Minister, the hon. Member for Croydon South (Chris Philp), argued that the content I have described—including child sexual abuse images and videos—was already illegal, and there was therefore no need for the Government to introduce further measures. However, that misses the point: the Minister was arguing against the very basis of his own Government’s Bill. At the core of the Bill, as I understand it, is a legal duty placed on online platforms to combat and remove content that is already illegal, such as material relating to terrorism. ln keeping with that, my amendments would place a legal duty on online platforms hosting pornographic content to combat and remove illegal content through the specific and targeted measure of verifying the age and consent of every individual featured in pornographic content on their sites. The owners and operators of pornography websites are getting very rich from hosting footage of rape, trafficking and child sexual abuse, and they must be held to account under the law and required to take preventive action.
The Organisation for Security and Co-operation in Europe, which leads action to combat human trafficking across 57 member states, recommends that Governments require age and consent verification on pornography websites in order to combat exploitation. The OSCE told me:
“These sites routinely feature sexual violence, exploitation and abuse, and trafficking victims. Repeatedly these sites have chosen profits over reasonable prevention and protection measures. At the most basic level, these sites should be required to ensure that each person depicted is a consenting adult, with robust age verification and the right to withdraw consent at any time. Since self- regulation hasn’t worked, this will only work through strong, state-led regulation”.
Who else supports that? Legislation requiring online platforms to verify the age and consent of all individuals featured in pornographic content on their sites is backed by leading anti-sexual exploitation organisations including CEASE—the Centre to End All Sexual Exploitation—UK Feminista and the Traffickinghub movement, which has driven the global campaign to expose the abuses committed by, in particular, Pornhub.
New clause 7 and amendments 33 and 34 are minimum safety measures that would stop the well-documented practice of pornography websites hosting and profiting from videos of rape, trafficking and child sexual abuse. I urge the Government to reconsider their position, and I will seek to test the will of the House on new clause 7 later this evening.
Oral Answers to Questions
Lindsay Hoyle Excerpts(2 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Nigel Huddleston
During the pandemic, we showed how important charities were, with more than £750 million for the charity scheme. That showed that we needed them to survive, because they play such an important role in our society. I will continue to engage with charities and make representations to other parts of Government. We recognise the important role they play, but also we need to help families directly, which will then reduce the burden on the charities.
Barbara Keeley (Worsley and Eccles South) (Lab)
Charities are indeed working harder than ever to support people through this cost of living crisis. They are delivering food to older people, supporting people with the stresses of poverty and working tirelessly to advocate for vulnerable people, yet charities are suffering from a big hit to their income as their running costs spiral and demand for their services rockets. I cannot find any mention that the Secretary of State has made of charities since she was appointed last year. Will the Minister admit that charities have not been a priority for this Government, and when will they take the steps to support the sector to deal with this perfect storm of pressures?
Nigel Huddleston
Again, I cannot pre-empt the conclusions of the review, but my hon. Friend makes an important point. The Secretary of State in particular is aware of that and we will be communicating more in due course. Affordability is an important point.
Lucy Powell (Manchester Central) (Lab/Co-op)
I am not at all surprised to see the Secretary of State still in her place; I had no doubt that she would be the last woman standing in support of the Prime Minister while all around her collapses, including her ministerial team. I wondered whether, by this morning, she would hold not only all the ministerial offices in her Department but several other Cabinet posts as well.
For many months, we have heard that the gambling White Paper is imminent. It has still not been published, although its content has again been trailed to the news- papers. Apparently, Ministers are dropping the gambling levy, which has widespread support, and other measures that would bring the analogue gambling regulation into the digital age. Is that true?
Mr Speaker
This is about the gambling review, and the question should be about that. The Minister should answer on the gambling review.
Nigel Huddleston
I hope the hon. Lady will wait to respond to the gambling review. I appreciate her giving a comprehensive list of all the policy areas and manifesto commitments on which the Government are committed to delivering. She could have gone further and mentioned safe standing, the delivery of the Commonwealth games, which start in three weeks’ time, or the Euros—well done to the Lionesses for last night. I thank her for giving a list of the Government’s achievements.
Mr Speaker
I also do not want the Minister to wander off topic. Let us go to someone who will put us back on track—John Nicolson, the SNP spokesperson.
John Nicolson (Ochil and South Perthshire) (SNP)
In what could be our last exchange across the Dispatch Box, I recognise that the Secretary of State cannot bind the hands of her successor, but as we move away from post-truth politics and culture wars, perhaps she can leave doing some good. The lottery is the country’s principal gambling addiction. For most, it is innocent fun; for some, it is a problem—an affliction. The now resigned tech and digital Minister, the hon. Member for Croydon South (Chris Philp), confirmed to the hon. Member for Cardiff West (Kevin Brennan) at the Digital, Culture, Media and Sport Committee this week that tickets can be charged perfectly legally to credit cards, building up huge debts. When Camelot is replaced, can that be reformed?
Nick Smith
Rolling out gigabit broadband requires real leadership. The Prime Minister has brought his office into disrepute, so will the Deputy Prime Minister be his stand-by this summer?
Ms Dorries
Yes, I am afraid that question does not relate to gigabit broadband roll-out.
Julian Knight (Solihull) (Con)
I was originally going to ask about the Commonwealth games, which is obviously a fantastic event for the west midlands, but I wish to focus on something else that is very good news in my locality. Will the Secretary of State join me in congratulating Solihull council, Solihull Community Housing and CityFibre on striking a deal to ensure that 4,000 community housing tenants are given the very latest full-fibre network? Does she agree that whatever our roll-out programme in towns, cities and villages across the country, we must make sure everyone is covered in those localities so that we leave no one behind as we strive to finally join the first rank of connected nations?
Ms Dorries
The progress with which we have commenced the roll-out of gigabit broadband across the UK has been exemplary. Just last week, I held a roundtable with telecommunications providers to urge them to look at social tariffs and to offer lower rates to those who are left behind and cannot afford the rates that others can. Work never stops in this area. We are very aware of those who cannot access broadband and cannot have digital access—
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
The Secretary of State for Digital, Culture, Media and Sport (Ms Nadine Dorries)
In the last few weeks, we have seen huge crowds at Her Majesty’s platinum jubilee, Glastonbury, Silverstone and Wimbledon. The women’s Euros kicked off last night, and the Birmingham Commonwealth games are on their way. It is set to be a great British summer of culture and sport.
Speaking of sport, last week I was lucky enough to attend an event celebrating the upcoming rugby league world cup—[Interruption.] I know that Mr Speaker is a huge fan of the sport, and while I do not share his detailed expertise, he will be delighted that rugby league’s execs have told me—and him, I believe—that rugby league has never had so much publicity and so much attention. All I can say, Mr Speaker, is, “You’re welcome.”
Mr Speaker
I think you did a great job for rugby league. We certainly got it promoted.
Robert Largan
The Government deserve considerable credit for their recent announcement to allow safe standing in all premier league grounds. However, the rule change does not permit seat locking for safe standing, which is essential if we are to be able to increase capacity and provide cheaper ticket prices like those in Germany, as the overwhelming majority of fans want. Will the Secretary of State agree to meet me, officials from the Football Association and the English Premier League and colleagues from the all-party parliamentary group for safe standing to discuss the issue and get on—
Ms Dorries
I assure my hon. Friend that the safety of spectators at football matches was the key priority in the development of the policy. The report found that keeping seats unlocked would offer greater choice to spectators and was supported by the data from the spectator survey. Of course, I am always happy to meet and discuss the matter further.
Michael Fabricant (Lichfield) (Con)
The Attorney General
Well, I think that the Government have already acted in a significant way to put victims front and centre in our criminal justice system so that justice is secured for them. For 2021-22, the Ministry of Justice has provided £150 million for victims and witnesses alone, whether that is with more independent sexual violence advisers, who are game-changing in the victim experience—victims have told me personally how transformative the presence of an ISVA can be to their experience through the criminal justice system—or with the £20 million for local community-based sexual violence and domestic abuse services. I am very proud of the track record of this Government on supporting victims.
Sir Robert Neill (Bromley and Chislehurst) (Con)
I join the Attorney General in her tribute to my hon. and learned Friend the Member for Cheltenham (Alex Chalk), whose service was absolutely outstanding and exceptional. He departed his post with great honour and with the respect of this House, the profession and the judiciary.
I thank the Attorney General for what she says about victims. It is clear that the Government have done a great deal. However, I am sure she is aware that in the course of the Select Committee’s prelegislative scrutiny of the welcome draft Victims Bill, we have heard evidence that—as the hon. Member for Rochdale (Tony Lloyd) said—although there is good work, there is still patchiness in the provision of services for victims in many areas. The draft Victims Bill is a real opportunity to improve that and ensure a much more consistent approach. May I ask the Attorney General for an undertaking that the Government will look with care at the recommendations that we make as a result of that prelegislative scrutiny?
The Attorney General
My hon. Friend makes an important point about the forthcoming Victims Bill. I am proud that the Government are introducing specific measures to transform victims’ experience of the criminal justice system. The Bill will pursue measures to improve victims’ experiences; we are looking at what more can be done to ensure that the victim’s voice is heard, both pre and post charge. I am particularly proud of the victims code, which came into force last year and is a real reflection of our commitment to victims.
Emily Thornberry (Islington South and Finsbury) (Lab)
May I say what an honour it is to be at this Dispatch Box facing the next Prime Minister as she awaits her call from the palace? It is a true honour, although colleagues will have noticed that in her list of leadership priorities last night the Attorney General had absolutely nothing to say about tackling the epidemic of crime in our country or ending the culture of lawbreaking in our Government, both of which have flourished on her watch. What she did say last night, however, was that we need to
“shrink the size of the state”.
I ask the Attorney General a very simple question: in percentage terms, what size of staffing cuts does she plan to make to the Crown Prosecution Service, and what will that mean to the record backlogs that our courts currently face?
The Attorney General
I know that the right hon. Lady loves to degrade these question sessions to petty politics. I am not going to lower myself to her standards; I am here to talk about victims and what we are doing to secure justice for vulnerable people. I am very proud of the financial settlement that this Government have put into the CPS, increasing the number of prosecutors. Notably, in the past 12 months alone there have been 115 more RASSO-trained prosecutors in place to work specifically to support victims.
Anne McLaughlin (Glasgow North East) (SNP)
The Scottish Government are investing an extra £4 million this year to tackle violence against women and girls and offer greater support for victims’ needs. The Crown Office budget in Scotland is more than 40% higher than at the start of the last Parliament, supporting a range of improvements and modernisation processes. Does the Attorney General welcome that? Does she agree that more funding should be made available across the UK for greater access to justice for victims? Will she consider putting that in her prime ministerial manifesto?
Mr Speaker
Order. Front Benchers should not be shouting after asking the question. Let’s get this done and move on.
The Attorney General
When it comes to domestic abuse, our landmark Domestic Abuse Act 2021 is strengthening protection for victims and ensuring that perpetrators feel the full force of the law. It includes the first legal definition of domestic abuse, it improves support for victims in the courts, it introduces new offences and it strengthens the legislation precisely for victims of domestic abuse. It is a pity he did not want to talk about that.
The Attorney General
A lot of covid-related litigation has gone through our courts, and there has been a lot of scrutiny of the Government’s decision making and actions during the pandemic. I am pleased to say that the Government were successful in the majority of cases, with our decision making being upheld and found to be lawful.
Mr Speaker
Before I call Barry Sheerman, I note that he wishes to raise the case of his late constituent Ms Katelyn Dawson, who is the subject of an open and adjourned inquest. I am exercising the discretion given to the Chair in relation to matters that are sub judice to allow reference to the case as part of the question and answer.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)