Online Safety Bill

Lord Bishop of Oxford Excerpts

Committee stage
Tuesday 25th April 2023 Lords Chamber

However, the reality is that if we do not look at the impact of the digital world on every child, then we are adopting a different standard in the digital world than we do in the physical world. That is why the “likely to be accessed by children” definition that has been tried and tested, not just in this House but in legislatures around the world, should be what is used in this Bill.

[The Lord Bishop of Oxford]

My Lords, it is a pleasure to follow the two noble Baronesses. I remind the Committee of my background as a board member of the Centre for Data Ethics and Innovation. I also declare an indirect interest, as my oldest son is the founder and studio head of Mediatonic, which is now part of Epic Games and is the maker of “Fall Guys”, which I am sure is familiar to your Lordships.

I speak today in support of Amendments 2 and 92 and the consequent amendments in this group. I also support the various app store amendments proposed by the noble Baroness, Lady Harding, but I will not address them directly in these remarks.

I was remarkably encouraged on Wednesday by the Minister’s reply to the debate on the purposes of the Bill, especially by the priority that he and the Government gave to the safety of children as its primary purpose. The Minister underlined this point in three different ways:

“The main purposes of the Bill are: to give the highest levels of protection to children … The Bill will require companies to take stringent measures to tackle illegal content and protect children, with the highest protections in the Bill devoted to protecting children … Children’s safety is prioritised throughout this Bill”.—[Official Report, 19/4/23; col. 724.]


The purpose of Amendments 2 and 92 and consequent amendments is to extend and deepen the provisions in the Bill to protect children against a range of harms. This is necessary for both the present and the future. It is necessary in the present because of the harms to which children are exposed through a broad range of services, many of which are not currently in the Bill’s scope. Amendment 2 expands the scope to include any internet service that meets the child user condition and enables or promotes harmful activity and content as set out in the schedule provided. Why would the Government not take this step, given the aims and purposes of the Bill to give the highest protection to children?

Every day, the diocese of Oxford educates some 60,000 children in our primary and secondary schools. Almost all of them have or will have access to a smartphone, either late in primary, hopefully, or early in secondary school. The smartphone is a wonderful tool to access educational content, entertainment and friendship networks, but it is also a potential gateway for companies, children and individuals to access children’s inner lives, in secret, in the dead of night and without robust regulation. It therefore exposes them to harm. Sometimes that harm is deliberate and sometimes unintentional. This power for harm will only increase in the coming years without these provisions.

The Committee needs to be alert to generational changes in technology. When I was 16 in secondary school in Halifax, I did a computer course in the sixth form. We had to take a long bus ride to the computer building in Huddersfield University. The computer filled several rooms in the basement. The class learned how to program using punch cards. The answers to our questions came back days later, on long screeds of printed paper.

When my own children were teenagers and my oldest was 16, we had one family computer in the main living room of the house. The family was able to monitor usage. Access to the internet was possible, but only through a dial-up modem. The oldest of my grandchildren is now seven and many of his friends have smartphones now. In a few years, he will certainly carry a connected device in his pocket and, potentially, have access to the entire internet 24/7.

I want him and millions of other children to have the same protection online as he enjoys offline. That means recognising that harms come in a variety of shapes and sizes. Some are easy to spot, such as pornography. We know the terrible damage that porn inflicts on young lives. Some are more insidious and gradual: addictive behaviours, the promotion of gambling, the erosion of confidence, grooming, self-harm and suicidal thoughts, encouraging eating disorders, fostering addiction through algorithms and eroding the barriers of the person.

The NSPCC describes many harms to children on social networks that we are all now familiar with, but it also highlights online chat, comments on livestream sites, voice chat in games and private messaging among the vectors for harm. According to Ofcom, nine in 10 children in the UK play video games, and they do so on devices ranging from computers to mobile phones to consoles. Internet Matters says that most children’s first interaction with someone they do not know online is now more likely to be in a video game such as “Roblox” than anywhere else. It also found that parents underestimate the frequency with which their children are contacted by strangers online.

The Gambling Commission has estimated that 25,000 children in the UK aged between 11 and 16 are problem gamblers, with many of them introduced to betting via computer games and social media. Families have been left with bills, sometimes of more than £3,000, after uncontrolled spending on loot boxes.

Online companies, we know, design their products with psychological principles of engagement firmly in view, and then refine their products by scraping data from users. According to the Information Commissioner, more than 1 million underage children could have been exposed to underage content on TikTok alone, with the platform collecting and using their personal data.

As the noble Baroness, Lady Kidron, has said, we already have robust and tested definitions of scope in the ICO’s age-appropriate design code—definitions increasingly taken up in other jurisdictions. To give the highest protection to children, we need to build on these secure definitions in this Bill and find the courage to extend robust protection across the internet now.

We also need to future-proof this Bill. These key amendments would ensure that any development, any new kind of service not yet imagined which meets the child user condition and enables or promotes harmful activity and content, would be in scope. This would give Ofcom the power to develop new guidance and accountabilities for the applications that are certain to come in the coming years.

We have an opportunity and a responsibility, as the Minister has said, to build the highest protection into this Bill. I support the key amendments standing in my name.

[Baroness Stowell of Beeston (Con)]

My Lords, first, I beg the indulgence of the Committee to speak briefly at this juncture. I know that no one from the Lib Dem or Labour Benches has spoken yet, but I need to dash over to the Moses Room to speak to some amendments I am moving on the Bill being considered there. Secondly, I also ask the Committee that, if I do not get back in time for the wind-ups, I be forgiven on this occasion.

I simply wanted to say something briefly in support of Amendments 19, 22, 298 and 299, to which I have added my name. My noble friend Lady Harding has already spoken to them comprehensively, so there little I want to add; I just want to emphasise a couple of points. But first, if I may, I will pick up on something the right reverend Prelate said. I think I am right in saying that the most recent Ofcom research shows that 57% of 7 year-olds such as his grandchild have their own phone, and by the time children reach the age of 12 they pretty much all have their own phone. One can only imagine that the age at which children possess their own device is going to get lower.

Turning to app stores, with which these amendments are concerned, currently it is the responsibility of parents and developers to make sure that children are prevented from accessing inappropriate content. My noble friend’s amendments do not dilute in any way the responsibility that should be held by those two very important constituent groups. All we are seeking to do is ensure that app stores, which are currently completely unregulated, take their share of responsibility for making sure that those seeking to download and then use such apps are in the age group the apps are designed for.

As has already been very powerfully explained by my noble friend and by the noble Baroness, Lady Kidron, different age ratings are being given by the two different app stores right now. It is important for us to understand, in the context of the digital markets and competition Bill, which is being introduced to Parliament today—I cannot tell noble Lords how long we have waited for that legislation and how important it is, not least because it will open up competition, particularly in app stores—that the more competition there will be across app stores and the doorways through which children can go to purchase or download apps, the more important it is that there is consistency and some regulation. That is why I support my noble friend and was very happy to add my name to her amendments.