Online Pornography: Digital Economy Act 2017
Baroness Benjamin Excerpts(3 years, 5 months ago)
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Baroness Benjamin
To ask His Majesty’s Government what plans they have to implement Part 3 of the Digital Economy Act 2017 to protect children from online pornography, until Ofcom begins any enforcement of the same under the Online Safety Bill.
The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Lord Kamall) (Con)
The Government have decided to use the Online Safety Bill to protect children from online pornography. This will provide greater protection to children across a wider range of services, and we expect that it will be implemented as quickly as the Digital Economy Act—if not more so. The Government are committed to bringing the Bill back to Parliament and are working closely with Ofcom to ensure that the implementation period following passage of the legislation is as short as possible.
Baroness Benjamin (LD)
My Lords, 18 months ago I urged Ministers to commence Part 3 of the Digital Economy Act, so that we can put protection from harmful pornography in place for children. I was told that that would take two years, so any benefits of an interim measure would be minimal at best. Since then, millions of children, as young as seven, have accessed violent online porn, in some cases causing mental health problems and the urge to sexually assault other children. We now know that Ofcom’s road map for regulation demonstrates that there will be no enforcement of the Online Safety Bill before 2025. Ofcom is taking over three years to begin enforcing laws on video-sharing platforms. Does the Minister now accept that we could have protected children three years sooner, and will the Government now commence Part 3, so that it is enforced until the new Bill is ready to replace it, and protect our vulnerable children?
Lord Kamall (Con)
I thank the noble Baroness for those questions. We must be clear about why the Digital Economy Act was criticised. It was originally criticised because it did not cover social media companies, which host a considerable quantity of pornographic material. There are also other sites that it did not consider. It also considered only ISPs as gatekeepers. A number of flaws have been identified in the Digital Economy Act and we will address those with a stronger Online Safety Bill, targeted more at children.
Young Audiences Content Fund: Replacement
Baroness Benjamin Excerpts(4 years ago)
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Baroness Benjamin
To ask Her Majesty’s Government how they will replace the Young Audiences Content Fund which supported the production of British-made content for commercial broadcasters.
Baroness Benjamin (LD)
My Lords, in begging leave to ask the Question standing in my name on the Order Paper, I declare my interests as in the register.
The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)
My Lords, the Government are committed to the success of our world-leading TV production sector. UK-wide television tax reliefs, including for children’s television programming, continue to play a vital role in driving production to record highs, with more than £4 billion of expenditure supported in 2021. A full evaluation of the three-year pilot Young Audiences Content Fund will take place to determine its impact. The potential for further investment will be assessed against that evaluation and against future public service broadcasting needs.
Baroness Benjamin (LD)
I thank the Minister for that Answer. However, the Government’s recent decision to close the Young Audiences Content Fund has removed a successful incentive for UK commercial broadcasters and UK producers. This is devastating for the children’s creative industry. The fund had given a new lease of life to an ailing children’s sector. It also allowed producers from diverse backgrounds to get commissioned. Interim measures need to be put in place now. What consideration are the Government giving to ensuring that other sources of investment—such as raising the production tax relief credit from 20% to, say, 40% or 50%—could be found to maintain the diversity of high-quality programming for UK children that will be freely available to all and save the children’s creative production sector from catastrophe?
Lord Parkinson of Whitley Bay (Con)
My Lords, the Young Audiences Content Fund was a pilot. It is still open. It closes at the end of this month, at the end of its three-year period. It was a pilot to test a new way of financing public service television. At the end of the pilot, a full evaluation will take place to determine its impact. The noble Baroness has anticipated some of the things that might emerge from that evaluation, but I hope she will agree that it is important that it be evaluated. She mentions the tax relief that we introduced. That was aimed specifically at children’s TV, and since 2015 has directly supported 543 projects, delivering over £623 million of expenditure in children’s television production.
Online Sexual Harassment of Children
Baroness Benjamin Excerpts(4 years, 2 months ago)
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Lord Parkinson of Whitley Bay (Con)
My noble friend is right to point to the harms that pornography can do to people who are viewing it far too early in their lives. The online safety Bill aims to address this, and we are grateful to the Joint Committee and the Select Committee in another place for their views on that legislation. The online safety Bill will not mandate the use of specific technologies to comply with the new duties it contains because it is vital that the Bill remains future-proof and able to change as technology changes to prevent new threats. However, we expect companies to use age-verification technologies to prevent children accessing online pornography.
Baroness Benjamin (LD)
My Lords, recent findings by the Internet Watch Foundation—I declare an interest as one of its champions—state that the seven to 10 age group is the fastest growing group appearing in self-generated child sexual abuse material. Without the IWF, this material can stay online for many years, causing mental health issues and untold damage in later life. What steps are the Government taking to give age-appropriate online safety advice to this age group, immediately?
Lord Parkinson of Whitley Bay (Con)
The noble Baroness is a tireless campaigner on this important issue and the Internet Watch Foundation does very important work. We are keen to bring the online safety Bill to your Lordships’ House and get it on the statute book for the protections it will bring. In the meantime, we are taking steps, and asking the Children’s Commissioner to conduct this report was part of that. In addition, the new relationship, sex and health education curriculum is clear that, by the end of secondary school, pupils should be taught about the impact that viewing harmful content, such as pornography, can have. We continue to keep that under review.
Social Media: Deaths of Children
Baroness Benjamin Excerpts(4 years, 2 months ago)
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Baroness Benjamin (LD)
My Lords, I congratulate the noble Baroness, Lady Kidron, on securing this important debate. We are kindred spirits. Like the noble Baroness, I have long campaigned to try to make the internet safer for children, and I declare an interest as a vice-president of Barnardo’s, which is also deeply concerned about these issues.
Protecting children online must be an urgent priority for this House. The online safety Bill provides hope that the internet will be made safer for everyone, particularly for children and young people, but it will not come into force until 2024, so how are we going to protect children today, especially from violent, illegal sexual pornography? We need interim measures now, because even the DCMS research has shown that too many of our children have already been exposed to harmful content online, including violent pornography. Children themselves believe that they should be protected from harmful content online and on social media, saying that social media content often made them feel negatively about themselves, humiliated, threatened, embarrassed and, in some cases, was cause for self-harm, or even suicide. Research by Facebook found that 13% of teenagers in the UK said feelings of wanting to kill themselves had started on Instagram.
The online safety Bill is a once-in-a-generation chance to help to address these problems and finally make the internet safer for children, but we also need interim measures in place now to protect children online. If we wait for the online safety Bill, a whole generation of children and young people will have been left unprotected. The legislation has already been passed in Part 3 of the Digital Economy Act 2017, which provides some level of protection for children. Why not implement it? We have already wasted almost three years so far by not doing so. Think of the harm that has been done in that time.
Along with Barnardo’s and many other children’s charities, I have been calling for the Bill to include age verification for all dangerous pornography sites, but it needs to go further to make sure that it defines harmful but legal content that depicts self-harm and glorifies suicide, so that this, too, can be put on the virtual top shelf, behind a wall and out of sight of vulnerable children. It is also essential that children can access the support they need when they have been abused, bullied and exploited online, which can lead to suicidal thoughts. They desperately need mental health support teams in their schools, too. Social media platforms need to invest in awareness-raising, as well as signposting children who may be at risk of bullying or abuse to the support they need to recover and stay safe.
What research have the Government undertaken to understand the true impact of social media on vulnerable children’s mental health? Will they agree to meet prior to the publication of the online safety Bill with Barnardo’s and other children’s charities to discuss how to ensure that it protects children from preventable harm? Why will they not implement Part 3 of the Digital Economy Act as an interim measure to show that they truly care about children’s well-being?
Online Harms Consultation
Baroness Benjamin Excerpts(5 years, 3 months ago)
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Baroness Barran (Con)
We are absolutely committed to the era of “marking their own homework” being over. We will obviously make sure that Ofcom, in particular, is sufficiently resourced in terms of capacity for the incredibly important task that it faces. Where Ofcom needs specific expertise—for example, a skilled person’s report—we are committed to that being made available.
Baroness Benjamin (LD)
My Lords, today I was contacted by a very concerned mother, who asked me two questions which I would like to put to the Minister. First, why have the Government decided to seek to protect children only from user-generated pornography when, back in 2015, they committed to stop children’s exposure to harmful sexual content online by requiring age verification to access all sites containing pornographic material? Secondly, how will the Government protect children from user-generated pornography through fines on sites based abroad, when they are not subject to our law enforcement? I plead with the Government, in the interim, to implement Part 3 of the Digital Economy Act. This would protect children from pornographic sites based outside the UK, through its blocking provision, until the proposed watered-down version of age assurance becomes law, which could be in two to five years.
Baroness Barran (Con)
I understand the concerns raised by the noble Baroness and by the mother to whom she has spoken. There are not many parents in the land who have not had some of her concerns. We are focusing on user-generated content because we believe that will capture the vast majority of pornographic and inappropriate behaviour that children witness. However, as I said in response to an earlier question, we will keep it under review. Our ambition is to keep children safe. Ofcom has business disruption and ISP blocking within its powers, which would prevent children in this country seeing international content.
Gambling Legislation
Baroness Benjamin Excerpts(5 years, 3 months ago)
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Baroness Barran (Con)
The Government absolutely recognise the contribution of the industry, both in fiscal terms and in employing some 100,000 people in this country. We also acknowledge that a gap exists between what the industry says it is doing and what some people experience, and we are keen to close that.
Baroness Benjamin (LD)
My Lords, it is well established that loot boxes are a form of gambling disguised within innocent online games played by children. This is a huge concern to parents and child protection organisations, including the Children’s Commissioner, who want loot boxes to be defined by gambling legislation as a form of gambling. What plans do the Government have to regulate loot boxes within any new legislation?
Baroness Barran (Con)
I thank the noble Baroness for her question. We are delivering on our manifesto commitment to tackle issues around loot boxes. We had a bespoke call for evidence, which closed on 22 November. We plan to publish our response early in 2021.
Children: Exposure to Harmful Content
Baroness Benjamin Excerpts(5 years, 9 months ago)
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Baroness Barran [V]
I cannot agree with the noble Lord’s last remarks. The Government have worked very hard on the guidance that has been published, the funding we have made available to organisations supporting vulnerable people, and the work we have been doing with the sector. As I have already said, we believe that the way to protect children from accessing harmful online content is through the legislation that we will bring forward later this Session, but a number of other elements are also being brought forward, including our media literacy strategy and the safety by design framework.
Baroness Benjamin (LD) [V]
My Lords, the BBFC research shows a clear demand for age ratings online and the value that these can bring to parents around child protection, especially as, unbelievably, there is still no age verification in place for harmful material. It is good to hear that the Government are encouraging more video on demand services to follow the example of Netflix and adopt the trusted BBFC ratings, but what discussions have they had with the technology companies since the start of the crisis to ensure that they are allocating resources to tackling harmful activity online?
Baroness Barran [V]
My department, my colleague the Minister for Digital and Culture, and the Home Office have been actively working with the social media companies. We are concerned that, because of the crisis, there have been resource limitations on the human moderation elements, but we are working closely with them, and welcome the creation of the Online Safety Tech Industry Association.
Covid-19: Museums, Galleries and Historic Buildings
Baroness Benjamin Excerpts(5 years, 10 months ago)
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Baroness Benjamin (LD)
My Lords, the Government are encouraging the use of open spaces but refusing to relax restrictions for any open space that requires a ticket for entry. For example, Kew Gardens cannot even let in its members because they still require a ticket for entry. The National Trust and Historic Royal Palaces have to charge for entry as they do not receive government funding—but, again, they cannot open as tickets are required for entry.
Logically, requiring a ticket to visit these organisations is safer than visiting open parks, because numbers can be managed and social distancing controlled. Crucially, it could be the only income these organisations get: it is a matter of survival, yet government rules are preventing this. Will the Government modify these rules and allow people to visit places such as Hampton Court gardens that can operate a carefully managed ticketing system so that people can once again enjoy these open spaces, which are beneficial to their well-being?
Charitable and Voluntary Sector
Baroness Benjamin Excerpts(5 years, 11 months ago)
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Baroness Benjamin (LD)
My Lords, at times of national emergency, the most valuable suffer most. The charities that support them are needed more than ever today, especially when public services cannot. It is therefore deeply concerning that charities are facing a serious threat to their survival. Lockdown is driving families to crisis point, and it is becoming clear that vulnerable children are the hidden victims of the pandemic. Children’s mental health is becoming critical, with anxiety and suicidal thoughts growing. Many children without computers cannot communicate with a project worker or anyone outside the home.
We know that people of colour are more likely to become critically ill or die with the virus, meaning that there are more BME young carers—children looking after sick loved ones or being bereaved. Children’s safety is increasingly at risk at home, outside the home and online. The Internet Watch Foundation has reported an increase of online child sexual abuse yet has fewer on-site staff to take down images. Vulnerable children are not attending school and are cut off from the support systems they rely on. Charities such as Barnardo’s—I declare an interest as vice-president—are working hard to continue to support children most in need, delivering face-to-face services. Yet, despite performing this essential work, charities are facing grave financial difficulties.
What will happen to vulnerable people when the charities they rely on for support cease to exist or are forced to reduce their operations? Who will be there for them? Will the Government therefore commit to reviewing the £750 million package urgently and provide additional funds to help charities to adjust to the new challenges that they face; looking at the furlough scheme and allow staff to volunteer to work for their charities; and, finally, make sure that charity workers, who are unsung heroes, can access PPE? Like NHS workers and many others, charity workers are risking their own health to do the job that they believe in.
Online Pornography: Age Verification
Baroness Benjamin Excerpts(6 years, 5 months ago)
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Baroness Barran
My noble friend raises a much wider issue about individual freedoms, which I am aware have been debated on many occasions in your Lordships’ House. The encouragement I offer him in that regard is twofold. First, I make a clear distinction between illegal and legal pornography. The online harms work gives us an opportunity to look again at the definition. Secondly, whether to look at pornography or not is clearly a choice.
Baroness Benjamin (LD)
My Lords, I am bitterly disappointed by this Statement. We are letting our children down. By the Government’s own statistics, every month that passes without legislation, 1.4 million children access pornography unintentionally. Research by the BBFC found that 80% of parents want robust age-verification controls in place. I understand the BBFC could implement this new regime straightaway, so can the Minister tell me why we have this delay, why we are letting our children down and why we are not putting age gates in place straightaway? Children are being affected and traumatised at this very moment.
Baroness Barran
I respect the noble Baroness’s concern. I repeat that we believe that a more comprehensive approach will include social media, which, as the noble Baroness knows, is a channel through which children access pornography. It will be in scope and it was not in the original legislation. But she makes the fair point that we have to rebuild trust, and we will demonstrate that by the urgency with which we pursue this.