Online Pornography: Digital Economy Act 2017
Viscount Colville of Culross Excerpts(1 year, 6 months ago)
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Lord Kamall (Con)
I fundamentally disagree with the noble Lord. Many noble Lords will be aware that often in legislation there are unintended consequences and things that were unforeseen. I used to do a lot of writing on technology. In fact, I once wrote a book and the moment it was published it was already out of date. That shows just how quickly technology moves on. We want to make sure that we have flexibility. If we were to implement Part 3 of the Act, it would take longer than bringing in the Online Safety Bill. It would also be far too narrow: it would not take account of social media or non-ISPs. Noble Lords might shake their heads, but they are completely wrong on this.
Viscount Colville of Culross (CB)
My Lords, many of us are concerned that the “legal but harmful” clauses of the Online Safety Bill will be a chill for free speech. Can the Minister assure the House that these clauses will not be included in the Bill when it comes to this place?
Lord Kamall (Con)
I thank the noble Viscount for that question. It is very important that we understand the tension that we will see in this debate. Of course we want to protect children and adults from illegal content, unpleasant content and anything that encourages suicide, violence and other such things. At the same time, we live in a free society and we have to get the balance with freedom of speech right. This will be a challenge and I think we will have very interesting debates in this House. Indeed, we have a debate on this issue tomorrow. It will show the range of views but, with noble Lords’ wisdom, we will try to reach that right balance.
National Heritage Act 1983
Viscount Colville of Culross Excerpts(1 year, 6 months ago)
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Viscount Colville of Culross (CB)
My Lords, I declare an interest as a trustee of the Museum of the Home.
In 2019, Manchester Museum returned 43 sacred and ceremonial objects, including human remains and a ceremonial dress made from emu feathers, to their communities of origin, four aboriginal peoples in Australia. It is the first museum in Europe to have returned sacred remains. This has resulted in a cultural revitalisation between the museum and these indigenous communities of origin. They have a very different view of the significance of these objects. For them, they do not just have physical properties but spiritual ones. This new knowledge has allowed the museum to reinterpret its remaining objects, so that they reflect not just how western curators might see them but also the values given to them by their creators.
The resulting equitable relationship has produced great benefits, not just for British audiences but for indigenous peoples in Australia. The Noongar people of western Australia wanted to replant a forest of indigenous trees, in keeping with their deep spiritual connection with the land, but such was the extent of the deforestation there were no seedlings available in Australia. However, Manchester Museum’s botanical collection had continued to propagate these trees. Their seeds have now been returned to Australia, where they are creating a vital link between the indigenous people and their land. This must be a shining example of how repatriation of objects can be a huge win for all humanity.
Manchester is fortunate. It is a university museum which, as the noble Lord, Lord Vaizey, says, lies outside the purview of the British Museum and National Heritage Acts, which, as other noble Lords have mentioned, tie the hands of national museum trustees and curators when deciding about disposal of objects. What is interesting from the Manchester example is that it has proved wrong the purveyors of the “slippery slope” argument. When the 43 objects were returned in 2019, there was a huge publicity campaign around the move. The museum was unafraid that other communities of origin would be encouraged to initiate mass claims on the thousands of objects of foreign origin in the museum’s collection. The director, Professor Esme Ward, told me she had not had one single claim for the return of objects.
Instead of tying the hands of our national museums behind their backs with these Acts, the Government need to support trustees and allow them to make their own decisions about the acquisition and disposal of objects. I echo the noble Lord, Lord Berkeley, when I say that the trustees in most of these institutions are already publicly appointed and even vetted. Surely they should be the arbiters of these policies. The noble Lord, Lord Parkinson, during his much-admired term as Museums Minister was respected for visiting and listening to museum boards and their directors when they were wrestling with difficult decisions in the culture wars. I look forward to his successor, the noble Lord, Lord Kamall, being equally willing to support the sector as it recovers from the closures and lack of audiences of the Covid years and moves into a brave new world.
Any change in the Acts must be with a view to creating a new environment in which great museum objects can be seen as belonging to humanity. We can all learn from combined research and easy exchange of objects. I hope this mood will allow for the suggestions by Jonathan Williams, the deputy director of the BM, who in August said:
“What we are calling for is an active ‘Parthenon partnership’ with our friends and colleagues in Greece. I firmly believe there is space for a really dynamic and positive conversation within which new ways of working together can be found.”
Recent reports say that the British Prime Minister has refused to countenance such an agreement.
The British and Greek Governments both seem to support nationalist arguments that have created stalemate between our countries. I call on them to back off and allow our great institutions to work out for themselves how these extraordinary objects can be shared to the benefit of us all.
The Government keep telling us that they want to create a global Britain. The success of our creative industries has shown that this country is able to hit above its weight in the world. Now we must empower our museums to become Britain’s cultural embassies—centres of soft power for the modern, tolerant, cultured and informed society we want to project to the world.
Gambling White Paper
Viscount Colville of Culross Excerpts(1 year, 9 months ago)
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Lord Parkinson of Whitley Bay (Con)
The right reverend Prelate is right to point to the need for better data. We welcome and encourage work to build the high-quality evidence base which is needed to inform policy. As he knows, that is an area we looked at through the review, as is the question of advertising. We have considered the evidence on that carefully, including the different risks of harms associated with certain sports and on children. We will set out our conclusions in the White Paper.
Viscount Colville of Culross (CB)
My Lords, the government response on loot boxes says that all players will have access to spending controls. Will this involve a compulsory cap on spending for young people and, if not, why not?
Lord Parkinson of Whitley Bay (Con)
The Government’s response makes clear that the purchase of loot boxes should be unavailable to all children and young people unless they are enabled by a parent or guardian, and all players should have access to and be aware of spending controls and transparent information to support their gaming. That is the right approach to address this issue.
Broadcasting Sector White Paper
Viscount Colville of Culross Excerpts(1 year, 9 months ago)
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Lord Parkinson of Whitley Bay (Con)
We talk about inflation and energy bills with all the sectors and industries that the DCMS has the privilege of representing. I spoke about them this morning at the Imperial War Museum when I visited it. Our settlement for the BBC will, as I say, ensure that it continues to receive around £3.7 billion in annual public funding, which will allow it to deliver its mission and public purposes.
Viscount Colville of Culross (CB)
My Lords, I declare an interest as a television producer. The White Paper gives the public service broadcasters the right to move their content to less-watched digital channels. Can the Minister confirm that if Channel 4 is privatised, the new owners—and any other public service broadcaster—will have the right to move, say, “Channel 4 News” to a digital channel such as E4, or even a specially set up obscure digital channel?
Lord Parkinson of Whitley Bay (Con)
These details and more will be set out in the media Bill, which I look forward to debating with noble Lords. Giving Channel 4 the freedom to diversify its revenue streams as well as to address issues such as the intellectual property of the content it provides are important in making sure that it can continue to compete in the years to come.
Clearview AI Inc
Viscount Colville of Culross Excerpts(1 year, 9 months ago)
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Lord Parkinson of Whitley Bay (Con)
My Lords, Clearview is appealing the ICO’s finding, which it is entitled to do, but I note that the ICO is not the only regulator to have taken action against it: its French, Italian, German, Canadian and Australian counterparts have reached similar conclusions. The ICO has issued a fine and served an enforcement notice issuing orders for Clearview to delete the data. Subject to its appeal, that is what it will have to do.
Viscount Colville of Culross (CB)
My Lords, a video from the States appeared to show Nancy Pelosi drunkenly slurring her way through a speech. It later transpired that it was a deep fake in which her face and voice had been digitally altered. Hackers and activists can use this technology to discredit public figures and affect the democratic process of this country. What is the Government’s counter disinformation unit doing to combat deep fakes in this country?
Lord Parkinson of Whitley Bay (Con)
The noble Viscount rightly points to an emerging area of concern. Last year, the Government published a national AI strategy and committed to a White Paper setting out our approach to regulating artificial intelligence. We will publish that White Paper later this year, setting out how we intend to address the opportunities as well as the risks that arise from AI in a proportionate and nimble way.
Gambling Industry: Gambling Reforms
Viscount Colville of Culross Excerpts(1 year, 11 months ago)
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Lord Parkinson of Whitley Bay (Con)
We called for evidence on advertising as part of our review of the Act. Many people share the noble Lord’s frustrations. Public Health England’s evidence review did not find evidence that exposure to advertising and marketing was a risk factor for harmful gambling, but we are looking at all these issues as part of our review.
Viscount Colville of Culross (CB)
My Lords, under UK legislation the definition of gambling is tightly drawn. It excludes increasingly popular mobile phone apps such as social casino apps, which require money to get players started and, once they are hooked, they are given tokens within the game. Does the Minister agree that extending the definition would also lead to an extension of the gambling tax?
Lord Parkinson of Whitley Bay (Con)
As the noble Viscount knows, we have looked also at the harms associated with online gambling. Indeed, while awaiting the White Paper and the outcome of our review, we have strengthened the rules on how online operators identify and interact with people at risk of harm. We are not delaying in taking action where that is needed.
Gambling Harm (Social and Economic Impact of the Gambling Industry Committee Report)
Viscount Colville of Culross Excerpts(2 years ago)
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Viscount Colville of Culross (CB)
My Lords, I add my praise for the insight and care with which the Select Committee has put together this report. It quotes the Government’s evidence that 0.7% of the adult population of this country are problem gamblers. However, much of this information is self-reported and it is inevitably an underestimation.
I find more convincing a report from HSBC, which investigated the accounts of 1.5 million of its customers to look at their actual gambling spend compared with their disposable income. It concluded that 2% of customers, classed as “Very Concerning”, spend more than 60% of their disposable income on gambling, and 8% spend more than 20% on gambling; these were classed as “Concerning”. These figures not only show the need for the banking industry to become the first responder for these vulnerable customers but emphasise many of the report’s recommendations.
I will focus my speech on the exponential growth in online gambling and the increasing gamblification of online gaming, which is affecting users as young as three. As the noble Lords, Lord Bourne and Lord Kirkham, said, we have seen a huge increase in online gambling, available 24/7 on all sorts of devices, including mobile phones. Researchers’ anxiety is that the fastest growing of these apps are not regulated by the Gambling Commission.
There has been a big increase in what are called social casino apps, which fly below the radar. These include simulated casino games, roulette and slot machines. All involve the original chips or plays being paid for with money, but the rewards are not in money but in tokens that can be used only in the game. One of the most successful is 777 Slots, which allows users to make fast, repetitive slot plays online. The players are nudged into continuing to play and put down stakes, using a software program carefully crafted to excite and engross them. The operators make massive amounts of money, of course, but the apps do not qualify as gambling because, as the Gambling Commission points out in the report, under UK legislation the definition of gambling is that the prize includes “money or money’s worth”. If it does not, it is not gambling. Surely, with the growth of these social casino apps that fall outside this definition, there is potential to cause addiction. The definition has to be changed to create an important extension to the Gambling Commission’s remit.
Nowhere is the revision of the definition of gambling more important than in the world of online gaming. Many researchers talk of the gamblification of the gaming world. In the last decade, it has changed out of all recognition. A decade ago, video games were products to be bought and taken home to be played on a console; now they are given away free as online sales platforms. They lure players into spending more and more money on buying additional benefits in the game to enhance their chances of performing better. Recent studies online show the skilful design techniques that keep players in the game, spending ever greater amounts of money.
This is also happening in the new generation of virtual reality games that are coming through the metaverse, but nothing has attracted as much attention as the loot boxes, which are so worrying because they are accessible to children, especially young males under 18. There is little information about the money being made by the operators, although Juniper Research estimates that the worldwide market is worth $30 billion annually. Young players can buy in-game features that allow them to either spend real-world money or take a stake on in-game items for the chance of winning something of unknown value.
I have read the evidence given to the committee by Dr Zendle—he is the expert on loot boxes—and I have spoken to him at length. He says that loot boxes are similar to gambling in many ways; they provide a powerful gateway for many young people to train as gamblers. They encourage spending, often excessive spending. More importantly, Dr Zendle confirms that, in all his studies, there is a link between problem gambling and spending on loot boxes. His finding is that young people who spend money on loot boxes are more than 10 times as likely to become problem gamblers as those who do not. This rings alarm bells in the report and it should among all of us.
Two Select Committees have already recommended extending the Gambling Act to cover loot boxes and bring them into scope but, in reply to this committee’s report, the Government pointed out that the call for evidence on this issue closed in November 2020. There have been over 30,000 responses. Last summer, the Minister in the other place announced that the government response would come in months. Now we are told that the response will come two years after the consultation has closed—a shockingly long time on this important issue.
I understand that the Government do not want to impose unnecessary regulation on the booming gaming industry, but there are now so many studies and reports to show that loot boxes look and feel like gambling that they should wait no longer. They should urgently ensure that they are regulated under Section 6 of the Gambling Act, as soon as possible.
I ask the Government to look at the bigger picture online as the gambling and gaming worlds collide. They need to take deeper preventive action to deal with problem gambling, particularly among the youngest users. I ask the Minister whether he could look at some of the provisions in the Online Safety Bill, which he will be shepherding through this House. Its duty of care provisions compel larger platforms to take into account the protection of users from harm, both legal and illegal, within the algorithms and software programs which moderate and disseminate content.
This should be the best model for the future of online gaming and gambling. The Gambling Commission’s remote technical standards specify that games should not include features to encourage players to chase losses, nor continue playing when they want to exit the game. Clearly the level of problem gambling in this country means that this is not working effectively. I urge the Minister to consider imposing a duty of care on operators that is baked into the design of games. That would go a long way to alleviating many people’s concerns and, more importantly, would future-proof the technology against the dramatic and unforeseen changes that are coming down the line.
British Museum: Ethiopian Sacred Altar Tablets
Viscount Colville of Culross Excerpts(2 years ago)
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Lord Parkinson of Whitley Bay (Con)
My Lords, the items have a complicated provenance. They were indeed taken by British troops after the expedition, but some of the items in the collection were themselves stolen by Tewodros II to assemble the collection in the first place. Some of the items have been given back, including by Her Majesty the Queen in 1965 to Emperor Haile Selassie. The British Museum is looking at the complexity of this issue, talking sensitively to the Ethiopian Church and others to decide the best way of caring for them and reflecting that complex past.
Viscount Colville of Culross (CB)
My Lords, I declare an interest as a trustee of the Museum of the Home. Museums across Ukraine are desperately trying to save internationally important works of art from being looted by invading Russian forces. Can the Minister tell the House what the Government are doing to help them?
Lord Parkinson of Whitley Bay (Con)
My Lords, I had the pleasure of addressing the All-Party Parliamentary Group on the United Nations yesterday where there was a special parliamentary briefing from UNESCO on this important matter. The Government are providing initial funding through the Prince Claus Fund to help with the preservation of cultural objects in Ukraine.
Broadcasting White Paper
Viscount Colville of Culross Excerpts(2 years, 1 month ago)
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Lord Parkinson of Whitley Bay (Con)
The noble Baroness is right that there has been rapid change in the last five years. Smart speakers have become widely available and are now owned or accessed by a third of all adults, so the Government recognise the urgency of the issue. We are very conscious that connected audio devices are starting to represent a significant and growing share of radio listening. They have opened new routes for listeners and new avenues for content creators, but they also carry a risk of listener access to radio services being disrupted or limited. We fully recognise those concerns and are committed to taking the necessary steps to ensure continued free-to-air and unintermediated access to UK radio. As for future legislation, that will be set out in the normal way.
Viscount Colville of Culross (CB)
My Lords, the withdrawing of funding for Creative Skillset in 2016 has left a gap in audio-only skills training. BBC Sounds Audio Lab and Global Radio’s academy have filled some of that gap, but does the Minister agree that there is a role for the Government to help develop and deliver high-quality audio skills training for a new generation of talent?
Lord Parkinson of Whitley Bay (Con)
Yes, I agree with the noble Viscount. As I say, as the review noted, these devices have opened up new avenues for content creators to reach audiences with podcasts and other audio output. There are very exciting job opportunities for people in this area and part of the work we are leading through DCMS is to make sure that people have the opportunity to work in our vastly expanding creative industries.
Public Health: Media Advertising
Viscount Colville of Culross Excerpts(2 years, 1 month ago)
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Lord Parkinson of Whitley Bay (Con)
My Lords, we are aware of evidence which demonstrates a link between poor body and poor mental health, which can cause people anxiety, depression and many other harms. It is not currently the Government’s intention to legislate on body image in advertising. We want to make sure that any government intervention makes a real and positive difference. We intend to consult on this issue and the harms created by it as part of the online advertising programme, which will allow us further to develop our evidence base on this issue.
Viscount Colville of Culross (CB)
My Lords, the noble Lord, Lord Kamall, wrote to Peers saying that the Government intend to consider platform liability for ad content as part of the online advertising programme, which the Minister has just mentioned, but the consultations will not start until spring. HFSS advertising on television has been under consultation since 2017. Why are the Government only now discussing platform responsibility for this ad content? Surely, they are just kicking this important issue into the long grass.
Lord Parkinson of Whitley Bay (Con)
My Lords, the advertising on television is a matter in the Bill before your Lordships’ House, which introduces a 9 pm watershed for advertising of less healthy food and drink products on TV and on-demand programme services which are under the jurisdiction of the UK and regulated by Ofcom. On advertising in other media, the Government intend to review how online advertising is regulated through the online advertising programme, as I say, but they are happening in different timeframes.