Asked by: Lord Taylor of Warwick (Non-affiliated - Life peer)
Question to the Department for Digital, Culture, Media & Sport:
To ask Her Majesty's Government what assessment they have made of the dangers that may arise from Facebook not strengthening regulation of political advertisements.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
The Government regularly engages with social media platforms, including Facebook, on a number of issues. Whilst we welcome existing steps taken by platforms to take more responsibility for the content on their platforms, we are clear that these steps do not go far enough to protect users online.
The Online Harms White Paper sets out our plans for world-leading legislation to make the UK the safest place in the world to be online. This will make companies more responsible for their users’ safety online, especially children and other vulnerable groups, and will help to build trust in digital markets.
The Online Harms White Paper proposes that under the new regulatory framework for online safety, companies could be required to improve transparency of political advertising, in line with requirements in electoral law. The Cabinet Office is also considering this issue as part of the Defending Democracy programme, which has been set up to protect and secure UK democratic processes and strengthen the integrity of UK elections. Last year, the Government announced a review into online advertising, which will consider the extent to which the current regulatory regime is equipped to tackle the challenges posed by rapid technological developments in advertising. Further details will be set out in due course.
Asked by: Grahame Morris (Labour - Easington)
Question to the Department for Digital, Culture, Media & Sport:
To ask the Secretary of State for Digital, Culture, Media and Sport, what steps she is taking to ensure that pop-up adverts in mobile gaming apps for children are age appropriate.
Answered by Nigel Adams
Advertising in the UK is regulated by the Advertising Standards Authority (ASA), the industry’s independent regulator, which for online advertising enforces the Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) through a system of self-regulation. The CAP Code incorporates all relevant legislation, and sets standards for accuracy and honesty to which advertisers must adhere, including specific conditions on advertising to children, causing offence and social responsibility.
The ASA has issued guidance to advertisers (https://www.asa.org.uk/resource/children-age-restricted-ads-online.html) on using data and targeting tools to minimise children’s exposure to age restricted or age inappropriate advertising online, including in mobile gaming apps, in order to ensure compliance with the CAP Code.
Last year the government also announced its intention to review how online advertising is regulated in the UK, looking at how well the current regime is equipped to tackle the challenges posed by developments in the market.
Asked by: Alex Chalk (Conservative - Cheltenham)
Question to the Department for Digital, Culture, Media & Sport:
To ask the Secretary of State for Digital, Culture, Media and Sport, what steps the Government is taking with the Advertising Standards Authority to ensure subscription services do not mislead consumers into signing up for their services when they make a purchase through a website.
Answered by Nigel Adams
Advertising in the UK is regulated by the Advertising Standards Authority (ASA), which enforces the Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) in non-broadcast media, including online, print, outdoors, video-on-demand, direct marketing and cinema, through a system of self-regulation.
The CAP Code incorporates all relevant legislation, and sets standards for accuracy and honesty to which advertisers must adhere, including specific conditions on advertising to children, causing offence and social responsibility. It is regularly reviewed and updated by the industry to ensure it remains effective, and proposed changes to the Code are routinely subject to public consultation.
The Code includes rules designed to ensure that advertisers do not mislead consumers, reflecting that the ASA is recognised by the government, the courts and Trading Standards as the ‘established means’ for the enforcement of misleading advertising legislation. On the specific issue of subscription traps, the Code also includes rules designed to ensure that advertising for promotions must state all significant conditions likely to affect a consumer’s decision to participate in the promotion. The ASA has also published guidance to advertisers on how to ensure that advertising of free trials and other promotional offer subscription models are compliant with the Code.
Asked by: Lyn Brown (Labour - West Ham)
Question to the Department for Digital, Culture, Media & Sport:
To ask the Secretary of State for Digital, Culture, Media and Sport, what recent assessment she has made of trends in the level of nuisance calls to UK numbers.
Answered by Matt Warman
The level of nuisance calls made to UK numbers is monitored by independent bodies. The Information Commissioner's Office (ICO) takes the lead in tackling unsolicited live direct marketing calls and automated marketing message calls through its responsibility for enforcing the Privacy and Electronic Communications Regulations (PECR). Further information about the level of nuisance calls and enforcement action taken by the ICO is available on the ICO’s website at https://ico.org.uk/action-weve-taken/nuisance-calls-and-messages/.
The Office of Communications (Ofcom) is the regulator for telecommunications services in the UK and, in respect of nuisance calls, its focus is primarily on abandoned and silent calls. Ofcom will be releasing its most recent statistics following its nuisance calls consumer survey later this month. Information on this is available on its website at ofcom.org.uk
The Government has been clear that there is no place for nuisance calls in our society and we continue to work with regulators and industry on practical solutions to this problem. The Government has taken a range of recent actions to reduce the number of nuisance calls. The Government has banned cold calls from personal injury firms and pensions providers unless the consumer has explicitly agreed to be contacted. The Government has also introduced director liability for nuisance calls, meaning that the ICO can impose a fine of up to £500,00 on a company, its directors, or both where it establishes a breach has occurred (previously, only the company could be fined). This measure has enhanced the ICO’s regulatory effectiveness by raising the issue of unsolicited marketing at board level. The Government is also funding National Trading Standards to install call blocking devices in the homes of vulnerable people.
The ICO has a dedicated team to investigate organisations making nuisance calls and take action when evidence supports enforcement action. The ICO has a joint action plan with Ofcom for tackling nuisance calls. The ICO also works closely with the Ministry of Justice’s Claims Management Regulation Unit and the National Crime Agency to share intelligence and deter and penalize organisations and individuals responsible for the harm caused by nuisance calls. The ICO works with the Insolvency Service to ensure as much of the monetary penalties issued to those that are in breach of the rules is recovered.
The ICO has arrangements with other countries to share information and intelligence about organisations potentially contravening UK law, including the PECR. It makes referrals to those countries where it identifies organisations making unlawful calls to UK subscribers, and has a number of such investigations ongoing at the present time. The ICO will continue to work with its counterparts including in countries where large numbers of nuisance calls are being made to the UK, in order to identify the offenders and solutions to the problem.
Asked by: Lyn Brown (Labour - West Ham)
Question to the Department for Digital, Culture, Media & Sport:
To ask the Secretary of State for Digital, Culture, Media and Sport, what steps her Department is taking to reduce the level of nuisance calls.
Answered by Matt Warman
The level of nuisance calls made to UK numbers is monitored by independent bodies. The Information Commissioner's Office (ICO) takes the lead in tackling unsolicited live direct marketing calls and automated marketing message calls through its responsibility for enforcing the Privacy and Electronic Communications Regulations (PECR). Further information about the level of nuisance calls and enforcement action taken by the ICO is available on the ICO’s website at https://ico.org.uk/action-weve-taken/nuisance-calls-and-messages/.
The Office of Communications (Ofcom) is the regulator for telecommunications services in the UK and, in respect of nuisance calls, its focus is primarily on abandoned and silent calls. Ofcom will be releasing its most recent statistics following its nuisance calls consumer survey later this month. Information on this is available on its website at ofcom.org.uk
The Government has been clear that there is no place for nuisance calls in our society and we continue to work with regulators and industry on practical solutions to this problem. The Government has taken a range of recent actions to reduce the number of nuisance calls. The Government has banned cold calls from personal injury firms and pensions providers unless the consumer has explicitly agreed to be contacted. The Government has also introduced director liability for nuisance calls, meaning that the ICO can impose a fine of up to £500,00 on a company, its directors, or both where it establishes a breach has occurred (previously, only the company could be fined). This measure has enhanced the ICO’s regulatory effectiveness by raising the issue of unsolicited marketing at board level. The Government is also funding National Trading Standards to install call blocking devices in the homes of vulnerable people.
The ICO has a dedicated team to investigate organisations making nuisance calls and take action when evidence supports enforcement action. The ICO has a joint action plan with Ofcom for tackling nuisance calls. The ICO also works closely with the Ministry of Justice’s Claims Management Regulation Unit and the National Crime Agency to share intelligence and deter and penalize organisations and individuals responsible for the harm caused by nuisance calls. The ICO works with the Insolvency Service to ensure as much of the monetary penalties issued to those that are in breach of the rules is recovered.
The ICO has arrangements with other countries to share information and intelligence about organisations potentially contravening UK law, including the PECR. It makes referrals to those countries where it identifies organisations making unlawful calls to UK subscribers, and has a number of such investigations ongoing at the present time. The ICO will continue to work with its counterparts including in countries where large numbers of nuisance calls are being made to the UK, in order to identify the offenders and solutions to the problem.
Asked by: Lyn Brown (Labour - West Ham)
Question to the Department for Digital, Culture, Media & Sport:
To ask the Secretary of State for Digital, Culture, Media and Sport, what proactive investigative capacity exists to support enforcement of laws against nuisance calling and associated business practices.
Answered by Matt Warman
The level of nuisance calls made to UK numbers is monitored by independent bodies. The Information Commissioner's Office (ICO) takes the lead in tackling unsolicited live direct marketing calls and automated marketing message calls through its responsibility for enforcing the Privacy and Electronic Communications Regulations (PECR). Further information about the level of nuisance calls and enforcement action taken by the ICO is available on the ICO’s website at https://ico.org.uk/action-weve-taken/nuisance-calls-and-messages/.
The Office of Communications (Ofcom) is the regulator for telecommunications services in the UK and, in respect of nuisance calls, its focus is primarily on abandoned and silent calls. Ofcom will be releasing its most recent statistics following its nuisance calls consumer survey later this month. Information on this is available on its website at ofcom.org.uk
The Government has been clear that there is no place for nuisance calls in our society and we continue to work with regulators and industry on practical solutions to this problem. The Government has taken a range of recent actions to reduce the number of nuisance calls. The Government has banned cold calls from personal injury firms and pensions providers unless the consumer has explicitly agreed to be contacted. The Government has also introduced director liability for nuisance calls, meaning that the ICO can impose a fine of up to £500,00 on a company, its directors, or both where it establishes a breach has occurred (previously, only the company could be fined). This measure has enhanced the ICO’s regulatory effectiveness by raising the issue of unsolicited marketing at board level. The Government is also funding National Trading Standards to install call blocking devices in the homes of vulnerable people.
The ICO has a dedicated team to investigate organisations making nuisance calls and take action when evidence supports enforcement action. The ICO has a joint action plan with Ofcom for tackling nuisance calls. The ICO also works closely with the Ministry of Justice’s Claims Management Regulation Unit and the National Crime Agency to share intelligence and deter and penalize organisations and individuals responsible for the harm caused by nuisance calls. The ICO works with the Insolvency Service to ensure as much of the monetary penalties issued to those that are in breach of the rules is recovered.
The ICO has arrangements with other countries to share information and intelligence about organisations potentially contravening UK law, including the PECR. It makes referrals to those countries where it identifies organisations making unlawful calls to UK subscribers, and has a number of such investigations ongoing at the present time. The ICO will continue to work with its counterparts including in countries where large numbers of nuisance calls are being made to the UK, in order to identify the offenders and solutions to the problem.
Asked by: Lyn Brown (Labour - West Ham)
Question to the Department for Digital, Culture, Media & Sport:
To ask the Secretary of State for Digital, Culture, Media and Sport, if her Department will take steps to (a) identify countries that are hotspots of illegal nuisance calling to the UK and associated business activity and (b) improve collaboration with regulators and other investigative and enforcement authorities in those countries.
Answered by Matt Warman
The level of nuisance calls made to UK numbers is monitored by independent bodies. The Information Commissioner's Office (ICO) takes the lead in tackling unsolicited live direct marketing calls and automated marketing message calls through its responsibility for enforcing the Privacy and Electronic Communications Regulations (PECR). Further information about the level of nuisance calls and enforcement action taken by the ICO is available on the ICO’s website at https://ico.org.uk/action-weve-taken/nuisance-calls-and-messages/.
The Office of Communications (Ofcom) is the regulator for telecommunications services in the UK and, in respect of nuisance calls, its focus is primarily on abandoned and silent calls. Ofcom will be releasing its most recent statistics following its nuisance calls consumer survey later this month. Information on this is available on its website at ofcom.org.uk
The Government has been clear that there is no place for nuisance calls in our society and we continue to work with regulators and industry on practical solutions to this problem. The Government has taken a range of recent actions to reduce the number of nuisance calls. The Government has banned cold calls from personal injury firms and pensions providers unless the consumer has explicitly agreed to be contacted. The Government has also introduced director liability for nuisance calls, meaning that the ICO can impose a fine of up to £500,00 on a company, its directors, or both where it establishes a breach has occurred (previously, only the company could be fined). This measure has enhanced the ICO’s regulatory effectiveness by raising the issue of unsolicited marketing at board level. The Government is also funding National Trading Standards to install call blocking devices in the homes of vulnerable people.
The ICO has a dedicated team to investigate organisations making nuisance calls and take action when evidence supports enforcement action. The ICO has a joint action plan with Ofcom for tackling nuisance calls. The ICO also works closely with the Ministry of Justice’s Claims Management Regulation Unit and the National Crime Agency to share intelligence and deter and penalize organisations and individuals responsible for the harm caused by nuisance calls. The ICO works with the Insolvency Service to ensure as much of the monetary penalties issued to those that are in breach of the rules is recovered.
The ICO has arrangements with other countries to share information and intelligence about organisations potentially contravening UK law, including the PECR. It makes referrals to those countries where it identifies organisations making unlawful calls to UK subscribers, and has a number of such investigations ongoing at the present time. The ICO will continue to work with its counterparts including in countries where large numbers of nuisance calls are being made to the UK, in order to identify the offenders and solutions to the problem.
Asked by: Gavin Robinson (Democratic Unionist Party - Belfast East)
Question to the Department for Digital, Culture, Media & Sport:
To ask the Secretary of State for Digital, Culture, Media and Sport, what steps her Department is taking to ensure that the Advertising Standards Authority bans adverts with misleading descriptions, particularly in relation to broadband speeds.
Answered by Matt Warman
Advertising in the UK is regulated by the Advertising Standards Authority (ASA), the industry’s independent regulator, which enforces the Advertising Codes through a system of self-regulation and co-regulation with Ofcom. The Codes apply to all media, including broadcast and online. They incorporate all relevant legislation and set standards for accuracy and honesty to which advertisers must adhere, including specific conditions on advertising to children, causing offence and social responsibility.
The ASA is recognised by the government, the courts and trading standards as the ‘established means’ for the enforcement of misleading advertising, and the Codes include rules designed to ensure that advertisers do not mislead consumers. It has a range of sanctions it can take against non-compliant advertisers and, as a last resort, can refer some to Trading Standards.
The ASA and Ofcom have both taken action in relation to broadband speeds. In May 2018, the ASA implemented new guidance that requires broadband speed claims in adverts to be based on the download speeds available to at least 50% of customers at peak time and no longer on 'up to' speeds available to at least 10% of customers.
In March 2019, Ofcom introduced an updated Broadband Speeds Code of Practice, which all the major communication providers have signed up to. Under this code, companies have to provide consumers with a minimum guaranteed speed at the point of sale. If a consumer’s speed then drops below this level, companies have one month to improve performance, before they must allow consumers to leave their contract without penalty. This right to exit also applies to landline and TV packages, which are purchased at the same time as broadband services.
Asked by: Neil Coyle (Labour - Bermondsey and Old Southwark)
Question to the Department for Digital, Culture, Media & Sport:
To ask the Secretary of State for Digital, Culture, Media and Sport, what his policy is on the regulation of third-party sellers on online marketplaces; and whether he plans to include those sellers in the forthcoming online harms legislation.
Answered by Matt Warman
Consumer protections already apply to online traders operating directly or as a third party through a platform.
The Online Harms White Paper sets out the Government's plan to establish a statutory duty of care to make companies take more responsibility for the safety of their users and tackle harm caused by content or activity on their services. We have consulted on our proposals for the new duty of care to apply to companies and other bodies that allow users to share or discover user-generated content or interact with each other online.
Companies in scope of the regulatory framework will be held to account for tackling a broad range of harmful and illegal content or activity on their services. However, where there is already an effective regulatory framework, this will be excluded from scope to avoid duplication.
The Online Harms White Paper consultation closed on 1 July. The Government will publish its response later this year.
Asked by: Fiona Bruce (Conservative - Congleton)
Question to the Department for Digital, Culture, Media & Sport:
To ask the Secretary of State for Digital, Culture, Media and Sport, what steps he is taking to help ensure that alcohol is marketed responsibly.
Answered by Margot James
Advertising in the United Kingdom is regulated by the Advertising Standards Authority, the industry’s independent regulator, who enforce the Advertising Codes through a system of self-regulation and co-regulation with Ofcom. The Codes apply to all media, including broadcast and online, and set standards for accuracy and honesty to which advertisers must adhere, including specific conditions on advertising to children, causing offence and social responsibility. The Codes include rules which require that alcohol advertising is socially responsible and is not targeted at under 18s. The Codes are regularly reviewed and updated to ensure they remain effective.
Separately to this, the Portman Group provides a Code of Practice to the alcohol industry on the Naming, Packaging and Promotion of Alcoholic Drinks, which seeks to ensure that non-paid for alcohol marketing in the UK is also socially responsible, and does not target young people.