Audiovisual Media Services (Amendment) (EU Exit) Regulations 2020

Lord Bhatia Excerpts

Friday 27th November 2020 Lords Chamber

[Lord Bhatia (Non-Afl) [V]]

My Lords, this SI is essential for Ofcom to be able to determine and justify which providers of video-sharing platform services it will regulate. Ofcom will have robust enforcement powers against any serious instances of egregious or illegal harm caused by inadequate regulatory systems of VSPs within UK jurisdiction, when it considers it appropriate to use them. This SI is made under the power in Section 8 of the EUWA to address failures of retained EU law to operate effectively or other deficiencies arising from the withdrawal of the United Kingdom from the EU.

Ofcom will publish guidance in accordance with the Audiovisual Media Services Regulations 2020 and engage with VSPs to help them understand any new obligations. It will also have a duty in legislation to produce guidance on the application of the appropriate measures which VSPs can take to protect users. Ofcom’s guidance will make it clear that VSPs must take into account freedom of expression when designing and implementing their systems to protect users from the required areas of harm.

I have only one worry about this legislation. Increasingly, there are reports of children having their own computers, laptops and iPhones and spending many hours in their bedrooms looking at videos and games. Often, they fall into contact with predators who lead them into victimhood and self-harm. Can the Minister confirm whether Ofcom will have powers to introduce new rules to take legal action against providers, with heavy fines and/or imprisonment?