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

Lord Moynihan Excerpts

Friday 27th November 2020 Lords Chamber

[Lord Moynihan (Con)]

My Lords, I declare my interests as set out in the register, particularly as an adviser to Station12, with its interests in content production.

These debates on EU exit regulations are important in their own right, but this one is all the more important because of the wide statutory and regulatory work that is under consideration in this fast-moving technology space, as noted by the noble Lord, Lord Blunkett. I welcome the regulations for what they are—confirmation that the European standard of regulation continues to apply after the end of the transition period—but what I am hoping for today is government recognition that, with technological advancement, with some countries banning some of the platforms, with online harm already a major and growing issue, and with serious crimes occurring, it is really important that the Minister and the Government provide us with absolute confirmation that the new legislation will not be sometime early in 2021 but as early as possible, for all the reasons given by the noble Lord, Lord Blunkett. I hope that consultation will take place with consumer and business groups, that it will be extensive and that, in the words of the Minister in another place, the Government intend to bring forward “a pioneering UK regime”, which will be necessary.

I fully appreciate that these new rules ensure that platforms falling within UK jurisdiction have appropriate systems and processes in place to protect the public, but what will be the consequences of Ofcom licences no longer being recognised to regulate video-sharing platform services in non-ECTT member states when licences issued by non-ECTT member states will no longer be recognised in the UK? In practice, the largest VSPs work outside the UK’s regulatory scope and it is critical, in the context of sexual online threats, that the National Crime Agency will continue to co-ordinate activities closely with colleagues abroad to help the regulators with misinformation warnings and action against criminals. This is an international problem and one that, like Covid-19, pays scant regard to national boundaries. International co-operation, as well as effective domestic law, are essential components of success.

EU broadcast law has recently undergone a sea change, as the Minister said, principally as a result of the revised AVMSD, which has been transposed into UK law by the Audiovisual Media Services Regulations, including the brand-new regime for VSP services. Am I correct in my understanding that, in terms of the end of the transition period, this instrument, at Regulation 4(2), together with recent Ofcom guidance, clarifies that a VSPS will fall under UK jurisdiction where

“it has the required connection with the United Kingdom”—

a somewhat imprecise phrase which could benefit from clarification by the Minister today? In the meantime, I very much welcome these regulations.