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Written Question
British Board of Film Classification: Secondment
Thursday 17th November 2022

Asked by: Baroness Benjamin (Liberal Democrat - Life peer)

Question to the Department for Digital, Culture, Media & Sport:

To ask His Majesty's Government whether there is any existing statutory barrier to staff seconded from Ofcom to the British Board of Film Classification to work on the implementation of the provisions of Part 3 of the Digital Economy Act 2017 if they are commenced.

Answered by Lord Parkinson of Whitley Bay - Parliamentary Under Secretary of State (Department for Culture, Media and Sport)

In October 2019, His Majesty’s Government announced its decision to use the Online Safety Bill to protect children from pornography. The provisions in this Bill will provide greater protection to children than Part 3 of the Digital Economy Act. It will cover a wider range of services, including social media companies and search services, which were not in scope of the Digital Economy Act, and which play a significant role in enabling children to access harmful content online.


There is no statutory obligation to update the guidance mentioned in section 27 of the Digital Economy Act. As HM Government intends to repeal Part 3 of that Act through the Online Safety Bill, amending this guidance would not serve any purpose as it will not be used. Instead, Ofcom, as the independent regulator for the online safety regime, will set out the steps companies can take to protect children from harmful content such as pornography in codes of practice. Ofcom will also publish guidance for companies to meet the duty to protect children from published pornography in Part 5 of the Bill. The Secretary of State will also have a general power to issue guidance to Ofcom about the exercise of its functions under the Bill.


Ofcom will have a range of powers to assess whether companies are fulfilling their duties, and will be empowered to enforce the new regulatory regime. The British Board of Film Classification’s designation as the age verification regulator under the Digital Economy Act was revoked following the October 2019 announcement.


Written Question
Pornography: Internet
Thursday 17th November 2022

Asked by: Baroness Benjamin (Liberal Democrat - Life peer)

Question to the Department for Digital, Culture, Media & Sport:

To ask His Majesty's Government whether they are under a statutory obligation to update the Guidance on Age-Verification Arrangements approved by the House of Lords on 11 December 2018 (HL Deb col 1307); and if so, how often they are obliged to update it.

Answered by Lord Parkinson of Whitley Bay - Parliamentary Under Secretary of State (Department for Culture, Media and Sport)

In October 2019, His Majesty’s Government announced its decision to use the Online Safety Bill to protect children from pornography. The provisions in this Bill will provide greater protection to children than Part 3 of the Digital Economy Act. It will cover a wider range of services, including social media companies and search services, which were not in scope of the Digital Economy Act, and which play a significant role in enabling children to access harmful content online.


There is no statutory obligation to update the guidance mentioned in section 27 of the Digital Economy Act. As HM Government intends to repeal Part 3 of that Act through the Online Safety Bill, amending this guidance would not serve any purpose as it will not be used. Instead, Ofcom, as the independent regulator for the online safety regime, will set out the steps companies can take to protect children from harmful content such as pornography in codes of practice. Ofcom will also publish guidance for companies to meet the duty to protect children from published pornography in Part 5 of the Bill. The Secretary of State will also have a general power to issue guidance to Ofcom about the exercise of its functions under the Bill.


Ofcom will have a range of powers to assess whether companies are fulfilling their duties, and will be empowered to enforce the new regulatory regime. The British Board of Film Classification’s designation as the age verification regulator under the Digital Economy Act was revoked following the October 2019 announcement.


Written Question
Pornography: Internet
Thursday 17th November 2022

Asked by: Baroness Benjamin (Liberal Democrat - Life peer)

Question to the Department for Digital, Culture, Media & Sport:

To ask His Majesty's Government what consideration they have given to amending any aspects of the Guidance on Age-Verification Arrangements, approved by the House of Lords on 11 December 2018 (HL Deb col 1307), before commencement of the provisions in Part 3 of the Digital Economy Act 2017 in the event that the British Board of Film Classification is re-designated as the regulator.

Answered by Lord Parkinson of Whitley Bay - Parliamentary Under Secretary of State (Department for Culture, Media and Sport)

In October 2019, His Majesty’s Government announced its decision to use the Online Safety Bill to protect children from pornography. The provisions in this Bill will provide greater protection to children than Part 3 of the Digital Economy Act. It will cover a wider range of services, including social media companies and search services, which were not in scope of the Digital Economy Act, and which play a significant role in enabling children to access harmful content online.


There is no statutory obligation to update the guidance mentioned in section 27 of the Digital Economy Act. As HM Government intends to repeal Part 3 of that Act through the Online Safety Bill, amending this guidance would not serve any purpose as it will not be used. Instead, Ofcom, as the independent regulator for the online safety regime, will set out the steps companies can take to protect children from harmful content such as pornography in codes of practice. Ofcom will also publish guidance for companies to meet the duty to protect children from published pornography in Part 5 of the Bill. The Secretary of State will also have a general power to issue guidance to Ofcom about the exercise of its functions under the Bill.


Ofcom will have a range of powers to assess whether companies are fulfilling their duties, and will be empowered to enforce the new regulatory regime. The British Board of Film Classification’s designation as the age verification regulator under the Digital Economy Act was revoked following the October 2019 announcement.


Written Question
Pornography: Internet
Thursday 17th November 2022

Asked by: Baroness Benjamin (Liberal Democrat - Life peer)

Question to the Department for Digital, Culture, Media & Sport:

To ask His Majesty's Government whether they are under a statutory obligation to update the Guidance from the Secretary of State for Digital, Culture, Media and Sport to the Age-Verification Regulator for Online Pornography, published in January 2018 and presented to Parliament pursuant to section 27 of the Digital Economy Act 2017; and if so, how often they are obliged to update it.

Answered by Lord Parkinson of Whitley Bay - Parliamentary Under Secretary of State (Department for Culture, Media and Sport)

In October 2019, His Majesty’s Government announced its decision to use the Online Safety Bill to protect children from pornography. The provisions in this Bill will provide greater protection to children than Part 3 of the Digital Economy Act. It will cover a wider range of services, including social media companies and search services, which were not in scope of the Digital Economy Act, and which play a significant role in enabling children to access harmful content online.


There is no statutory obligation to update the guidance mentioned in section 27 of the Digital Economy Act. As HM Government intends to repeal Part 3 of that Act through the Online Safety Bill, amending this guidance would not serve any purpose as it will not be used. Instead, Ofcom, as the independent regulator for the online safety regime, will set out the steps companies can take to protect children from harmful content such as pornography in codes of practice. Ofcom will also publish guidance for companies to meet the duty to protect children from published pornography in Part 5 of the Bill. The Secretary of State will also have a general power to issue guidance to Ofcom about the exercise of its functions under the Bill.


Ofcom will have a range of powers to assess whether companies are fulfilling their duties, and will be empowered to enforce the new regulatory regime. The British Board of Film Classification’s designation as the age verification regulator under the Digital Economy Act was revoked following the October 2019 announcement.


Written Question
Pornography: Internet
Thursday 17th November 2022

Asked by: Baroness Benjamin (Liberal Democrat - Life peer)

Question to the Department for Digital, Culture, Media & Sport:

To ask His Majesty's Government what consideration they have given to amending any aspects of the Guidance from the Secretary of State for Digital, Culture, Media and Sport to the Age-Verification Regulator for Online Pornography, published in January 2018 and presented to Parliament pursuant to Section 27 of the Digital Economy Act 2017, before commencement of provisions in Part 3 of that Act; and if so, which aspects they will amend.

Answered by Lord Parkinson of Whitley Bay - Parliamentary Under Secretary of State (Department for Culture, Media and Sport)

In October 2019, His Majesty’s Government announced its decision to use the Online Safety Bill to protect children from pornography. The provisions in this Bill will provide greater protection to children than Part 3 of the Digital Economy Act. It will cover a wider range of services, including social media companies and search services, which were not in scope of the Digital Economy Act, and which play a significant role in enabling children to access harmful content online.


There is no statutory obligation to update the guidance mentioned in section 27 of the Digital Economy Act. As HM Government intends to repeal Part 3 of that Act through the Online Safety Bill, amending this guidance would not serve any purpose as it will not be used. Instead, Ofcom, as the independent regulator for the online safety regime, will set out the steps companies can take to protect children from harmful content such as pornography in codes of practice. Ofcom will also publish guidance for companies to meet the duty to protect children from published pornography in Part 5 of the Bill. The Secretary of State will also have a general power to issue guidance to Ofcom about the exercise of its functions under the Bill.


Ofcom will have a range of powers to assess whether companies are fulfilling their duties, and will be empowered to enforce the new regulatory regime. The British Board of Film Classification’s designation as the age verification regulator under the Digital Economy Act was revoked following the October 2019 announcement.


Written Question
Internet: Safety
Friday 11th November 2022

Asked by: Baroness Benjamin (Liberal Democrat - Life peer)

Question to the Department for Digital, Culture, Media & Sport:

To ask His Majesty's Government how long after completion of the passage of the Online Safety Bill they would expect Ofcom to have the power to issue the first provisional notice of contravention under Part 5 of that Bill.

Answered by Lord Parkinson of Whitley Bay - Parliamentary Under Secretary of State (Department for Culture, Media and Sport)

His Majesty’s Government is committed to implementing protections for children from online pornography, including the provisions in Part 5 of the Online Safety Bill, as quickly as possible. The Government’s intention is to have the online safety regime operational as soon as possible after Royal Assent, while ensuring the necessary preparations are completed effectively and service providers understand what is expected. We are working closely with Ofcom to ensure this.

As set out in Ofcom’s Roadmap to Regulation, an important consideration for the implementation of Part 5 will be the need to ensure a consistency in approach across all providers of online pornography, including those hosting user-generated content subject to the duties of Part 3. This is to ensure the legislation effectively protects children from pornography, wherever it appears online. Ofcom also needs appropriate time and flexibility properly to produce and then consult relevant statutory consultees on the relevant guidance, including those who represent the interests of children.

Ofcom will be able to use its enforcement powers, including the power to issue a provisional notice of contravention relating to Part 5, once clause 68, which sets out the duties for regulated provider pornographic content, is commenced. We do not, however, expect to see sanctions applied, except in the most egregious cases, until Ofcom has worked with regulated entities to ensure they have sufficient knowledge and notice of the new regulatory framework. Before issuing any sanctions Ofcom will undertake a full and fair investigation of any suspected non-compliance.

The introduction of the Bill should be taken as a clear message to companies that they need to begin preparing for regulation now.


Written Question
Internet: Safety
Friday 11th November 2022

Asked by: Baroness Benjamin (Liberal Democrat - Life peer)

Question to the Department for Digital, Culture, Media & Sport:

To ask His Majesty's Government what assessment they have made of whether Ofcom's roadmap to regulation for the Online Safety Bill ensures that the implementation period for Part 5 of that bill following passage of the legislation will be as short as possible, as per their policy and the remarks made by Lord Parkinson of Whitley Bay on 17 March 2021 (HL Deb cols 343–7).

Answered by Lord Parkinson of Whitley Bay - Parliamentary Under Secretary of State (Department for Culture, Media and Sport)

His Majesty’s Government is committed to implementing protections for children from online pornography, including the provisions in Part 5 of the Online Safety Bill, as quickly as possible. The Government’s intention is to have the online safety regime operational as soon as possible after Royal Assent, while ensuring the necessary preparations are completed effectively and service providers understand what is expected. We are working closely with Ofcom to ensure this.

As set out in Ofcom’s Roadmap to Regulation, an important consideration for the implementation of Part 5 will be the need to ensure a consistency in approach across all providers of online pornography, including those hosting user-generated content subject to the duties of Part 3. This is to ensure the legislation effectively protects children from pornography, wherever it appears online. Ofcom also needs appropriate time and flexibility properly to produce and then consult relevant statutory consultees on the relevant guidance, including those who represent the interests of children.

Ofcom will be able to use its enforcement powers, including the power to issue a provisional notice of contravention relating to Part 5, once clause 68, which sets out the duties for regulated provider pornographic content, is commenced. We do not, however, expect to see sanctions applied, except in the most egregious cases, until Ofcom has worked with regulated entities to ensure they have sufficient knowledge and notice of the new regulatory framework. Before issuing any sanctions Ofcom will undertake a full and fair investigation of any suspected non-compliance.

The introduction of the Bill should be taken as a clear message to companies that they need to begin preparing for regulation now.


Written Question
Internet: Safety
Thursday 10th November 2022

Asked by: Baroness Benjamin (Liberal Democrat - Life peer)

Question to the Department for Digital, Culture, Media & Sport:

To ask His Majesty's Government whether they expect the duties on user-to-user services created by the Online Safety Bill to apply when services are accessed via a Virtual Private Network (VPN) and the service may not be able to know if the user is located in the UK.

Answered by Lord Parkinson of Whitley Bay - Parliamentary Under Secretary of State (Department for Culture, Media and Sport)

The Online Safety Bill will apply to companies which allow users to post content online or to interact with each other, as well as to search services.

The Online Safety Bill will ensure that users in the UK are protected. It will apply to any relevant service which is ‘linked to the UK’, no matter where it is based. A service is linked to the UK if it has a significant number of UK users, UK users form a target market, or if it poses a material risk of significant harm to UK individuals.

The onus will be on companies to ensure that their systems are sufficiently effective. Ofcom will be able to take robust enforcement action against companies which fail to fulfil their duties.


Written Question
Internet: Security
Thursday 10th November 2022

Asked by: Baroness Benjamin (Liberal Democrat - Life peer)

Question to the Department for Digital, Culture, Media & Sport:

To ask His Majesty's Government what assessment they have made of whether it is possible for Internet Service Providers to block access to a website if a user is accessing it using (1) Domain Name System (DNS) over Hypertext Transfer Protocol Secure (HTTPS), or (2) Domain Name System (DNS) over Transport Layer Security (TLS) by, for example, instead relying on Server Name Indication or the Online Certificate Status Protocol.

Answered by Lord Parkinson of Whitley Bay - Parliamentary Under Secretary of State (Department for Culture, Media and Sport)

His Majesty’s Government takes the introduction of Domain Name System over Hypertext Transfer Protocol Secure and over Transport Layer Security seriously, and is concerned about how implementation could affect users’ safety, as well as cybersecurity and the lawful interception of communications. His Majesty’s Government is actively engaging with industry representatives to ensure that it does not cause unintended consequences.


Written Question
Forests: West Midlands
Tuesday 20th September 2022

Asked by: Baroness Benjamin (Liberal Democrat - Life peer)

Question to the Department for Digital, Culture, Media & Sport:

To ask Her Majesty's Government what steps they are taking, if any, to ensure the Urban Forest is preserved in its entirety as stipulated in the Deed of Dedication between the Millennium Commission and Sandwell Metropolitan Council.

Answered by Lord Parkinson of Whitley Bay - Parliamentary Under Secretary of State (Department for Culture, Media and Sport)

The responsibility for enforcing Deeds entered into by the Millennium Commission is now the responsibility of the Big Lottery Fund (operating as The National Lottery Community Fund) which carries out those functions in accordance with their regulations and directions from DCMS and in line with current policies relating to the administration of legacy funders such as the Millennium Commission.

The National Lottery Community Fund is a non-departmental public body which means that it operates at arm’s-length from Government and, as a distributor of Lottery money, rather than of taxpayers’ funds, it makes its funding decisions independently. The Government cannot, therefore, intervene in or influence the Fund’s decision-making process.