Online Harms White Paper

Viscount Colville of Culross Excerpts

Tuesday 30th April 2019 Lords Chamber

[Viscount Colville of Culross (CB)]

I declare an interest as a series producer at Raw TV making content for CNN. I support many of the suggestions in the White Paper, particularly the need to give a duty of care to tech companies to prevent the harms that appear on their platforms. The Communications Committee’s recent report on regulating the internet stated:

“Given the urgency of the need to address online harms, we believe that in the first instance the remit of Ofcom should be expanded to include responsibility for enforcing the duty of care. Ofcom has experience of surveying digital literacy and … experience in assessing inappropriate content”,


and balancing it against free speech. The new regulator recommended in the White Paper is an exciting idea I fully support, but it will take some time to create and action needs to be taken now.

I was reassured by the Minister’s assurances on free speech at the beginning of the debate but I would still like to draw his attention to the wide range of organisations covered by the regulator under the White Paper. Paragraph 4.2 looks at types of online activity, including “hosting”, “sharing” and “discovery of user-generated content”. My concern is that this definition is so widely drawn that it will cover much user-generated content on the websites of broadcasters and newspapers. As the Minister pointed out, these are already regulated by Ofcom, IMPRESS or IPSO. Some of the UGC is also regulated on these publishers’ websites, particularly those that have gone through a process of editorial control. However, a lot of the other comments and UGC on these websites is not covered and is not being looked at under the regime suggested by the White Paper. I suggest that it should be dealt with by extending the remit of the existing regulators, rather than being duplicated by a new regulator.

I am also concerned by some of the definitions of online harms set out in table one in paragraph 2.2—the noble Lord, Lord Griffiths, talked about them—particularly those under the column entitled “harms with a less clear definition”. I am worried that unless their definition is carefully focused, they will have a chilling effect on free speech by leaving media companies vulnerable to allegations of breaching their duty of care. One such harm is “disinformation”, which we are all against when it covers the dissemination of lies. I fear that, despite the Government’s laudable intention, a wide definition would allow interest groups and individuals being investigated by reporters to disrupt research and undermine the credibility of news organisations with allegations of fake news. For example, we have seen super-complaints against media outlets reporting on the pharmaceutical industry and exposing the side-effects or addictive qualities of certain drugs. The threat of a digital regulator questioning the original journalism and comments from users, who report the side-effects of these drugs, could stop these investigations taking place.

Another term that worries me is “violent content”, which also comes under the column entitled “less clear definition”. This definition must also be drawn very carefully so that it does not censor reports on demonstrations or terrorism. Even if these reports have been carefully edited, there could still be complaints of incitement to or encouragement of violence. For instance, reporting from the Catalan independence referendum showed many shots of the police violently tackling voters to prevent the banned vote going ahead. In this case, a wide definition of “violent content” could be interpreted to cover these images of extreme police action because they incite violence; they might therefore be taken down. I ask the Minister to draw these definitions carefully so as not to chill free speech. It would be ironic if the legislation coming from this White Paper managed to quash valid and important free speech when it should be stopping a much greater harm.

A completely different area of the White Paper, mentioned by the right reverend Prelate the Bishop of St Albans, worries me: the Government’s approach to internet addiction. Paragraph 1.19 of the White Paper states:

“The UK Chief Medical Officers (UK CMOs) commissioned … a systematic evidence review on the impact of social media use on children and young people’s mental health. The review covered … online gaming … and problematic internet use, which is also known as ‘internet addiction’”.


However, paragraph 1.20 states:

“Overall the research did not present evidence of a causal relationship between screen-based activities and mental health problems, but it did find some associations between screen-based activities and … increased risk of anxiety or depression”.


The White Paper concludes that the evidence does not support the need for,

“detailed guidelines for parents or requirements on companies”.

Box 15 suggests that,

“the regulator will continue to support research in this area … and, if necessary, set clear expectations for companies to prevent harm to their users”.

I suggest that the White Paper is kicking the can down the road. Millions of parents in this country will have stories of trying to limit their children’s screen time and the dreadful battles that ensue. Your Lordships only have to read a widely praised book by Shoshana Zuboff, Surveillance Capitalism, to understand that addictiveness is built into many platforms, especially social media sites such as Facebook.

Chapter 8 does look at regulators working with tech companies to enforce safe design in the digital world, but I suggest that the Government should specifically ask the regulators to look at internet addiction more thoroughly and, if necessary, force tech companies to change their algorithms and coding so that this addictiveness is reduced. Obviously, tech companies want to encourage users to spend as much time on their platforms as possible, so it is only through direct intervention by the regulator that anything will be done to combat internet addiction.

There is one area of internet addiction that I am particularly concerned about: internet gaming disorder, a condition which at the moment affects many young people, especially young men. There is great concern among addiction specialists about this problem. It has been difficult comprehensively to diagnose the condition because so many different measures have been used, but next month the World Health Organization assembly will be discussing whether gaming disorder should be included in the International Classification of Diseases. Once that happens, doctors and psychologists are convinced that the terrible extent of this problem will become only too clear.

The Minister has only to talk to players of the game “Fortnite” to understand how very clever the company designers have been in making it addictive. Even when the player stops the game it carries on, and when they join there are endless incentives to keep playing. There have been many cases of young people being severely sleep deprived, refusing to leave their rooms and, in some cases, even becoming suicidal. Policymakers in China and South Korea, where this has been a particular problem, recognise that internet game disorder needs to be dealt with. They have started to combat it by working with parents and by engaging with the gaming companies to build in design that limits the amount of time played and, in some cases, cuts off play after a certain period. The White Paper needs to bring together stakeholders and the gaming industry to draw up new regulations right now to mitigate the problem of gaming addiction, along the lines of what is going on in the Far East. I ask the Minister to ensure that any further legislation takes this problem into account. Millions of parents across the country will be grateful and, in the long term, so will their children.

Broadcasting: Public Sector Content

Viscount Colville of Culross Excerpts

Monday 4th February 2019 Lords Chamber

[Lord Ashton of Hyde]

As my noble friend knows well, editorial decisions are for the BBC, not the Government.

[Viscount Colville of Culross (CB)]

My Lords, the Sky Q box prioritises access to its services over PSB catch-up services. Many television manufacturers have partnered with Netflix to prioritise its services on their channel controllers. Is the Minister not concerned that the PSB digital channels, paid for with public money, are losing out in the battle for channel prominence to the video-on-demand giants?

[Lord Ashton of Hyde]

My Lords, I recognise that most of what we have talked about today is for linear services. Of course, a change is taking place: people now have subscriptions for watching on-demand programmes on their internet browsers. This creates a number of challenges and we have agreed that, if Ofcom makes suggestions that take that into account, we will bring legislation forward when the time arises.

Ofcom: RT News Channel

Viscount Colville of Culross Excerpts

Monday 28th January 2019 Lords Chamber

[Lord Ashton of Hyde]

As I have said, RT is regulated by Ofcom, which is independent of government, and I know that it will do its job.

[Viscount Colville of Culross (CB)]

I declare an interest as a series producer for the Smithsonian Channel and CNN. A week after the ruling on RT, the personal details and photographs of journalists working in Russia for the BBC were leaked online. This action was publicly condoned by President Putin’s press office and was seen as an act—indeed, part of a pattern—of intimidation. At a time when the BBC’s Russian service had seen an annual increase of 20% in its audience, what are the Government doing to protect the BBC World Service and the Russian service within the Russian Federation?

[Lord Ashton of Hyde]

The BBC’s charter was renewed for 10 years. Its job is to provide impartial news, and Ofcom regulates those services. It has been given the financial backing to do that—£3.8 million of licence-payers’ money. I believe that an extra £219 million has been provided over the next four years to increase the number of Russian language programmes that the BBC World Service can produce.

Children and Young People: Digital Technology

Viscount Colville of Culross Excerpts

Thursday 17th January 2019 Lords Chamber

[Viscount Colville of Culross (CB)]

My Lords, I too thank the noble Baroness, Lady Kidron, for securing this debate. I rise to express my concern about one particular way in which the internet can adversely affect children’s health—online gaming addiction, which has already been mentioned by the noble Baroness, Lady Greenfield.

Gaming on the internet is enjoyed by millions of adults and children across the world. For them, it is the most wonderful form of stimulation, and a way to interact with friends and family. But for a minority of young players it can turn into an addiction. It mainly affects young men aged 12 to 24, and the results can be devastating. They can play up to 16 hours a day and their escape into a virtual world can devastate their lives, their schooling and their family. Games are becoming ever more complicated, with ever more attractions, and as a result they are becoming ever more addictive.

I would like to share with your Lordships the case of one young addict. Let us call him Troy. He reported to his local child and adolescent mental health services at the age of 15, suffering from long-standing low mood and suicidal thoughts. The therapist discovered that for the past year he had been gaming for up to 15 hours a day. Not surprisingly, he was becoming isolated and lived as a recluse, reluctant to leave the house for any reason. His single-parent mother tried to restrict his excessive gaming, but stopped when he threatened suicide.

Troy was diagnosed with internet gaming disorder. The therapists set him a reduction plan and encouraged him to develop activities beyond the game. But, after initial success, he was encouraged by fellow players to go back. Soon he was back up to 14 hours a day. When at the start of the new term he was forced to stop playing, he became so distressed that he tried to jump out of his bedroom window. Doctors discovered that Troy's levels of brain stimulation, from extended online gaming, were similar to those of people who had taken amphetamines and other stimulants. The addiction can lead to depression, paranoia and difficulty in enjoying the simple pleasures of life—eating, walking or meeting friends.

This and other case studies are just anecdotes, but this form of addiction is so new to psychiatrists and to policymakers that, although they are aware of the increasing problem, they do not have a definitive way of measuring its extent. The World Health Organization is considering including gaming disorder in the international classification of Diseases 11 at the May meeting of the WHA. Its inclusion will be a vital step in enabling clear diagnosis of the condition, and in providing a standardised tool for comparing the problem in different countries. I urge the Minister to ensure that the Government support this move.

As policymakers in this country grapple with the issue, they can take some guidance from China and South Korea, where gaming addiction is widespread among young men. They are working with parents and schools to raise awareness and prevent the spread of the addiction. But Asian policymakers are also working with manufacturers to reduce the addictivity of games. They have had some success: one game now sends a message warning the player of how long they have been playing; another can be set to time out after a certain number of hours. This work needs to be put on a more systematic basis. We already have regulation for sex and violence in games; this should be extended to regulating their addictivity as well.

If and when we leave the EU, I suggest that the Government investigate how EU regulations in this area would work. They should bring together stakeholders to rate the addictivity of existing games and horizon-scan new games. This could be done through a new regulatory body, but I hear the groans from DCMS at the great difficulty of doing that. Maybe we should just extend the remit of the Gambling Commission to cover gaming. These regulations could certify games with a score, warning players of their addictive nature. They could also work on preventive measures to ensure that vulnerable children are protected, particularly during their teenage years. Above all, they could co-ordinate work with gaming companies to build in more ethical design. It would create a win-win situation, encouraging trust in the companies and allowing all players to have an entertaining time playing games rather than becoming addicted. I urge the Minister to act now before further damage is done to our young people.

Internet Safety

Viscount Colville of Culross Excerpts

Tuesday 4th December 2018 Lords Chamber

[Lord Ashton of Hyde]

On the noble Lord’s first question, there has just been a board meeting and the council has reaffirmed the areas of focus: first, online harms experienced by children; secondly, radicalisation and extremism; thirdly, violence against women and girls; fourthly, serious violence; and fifthly, hate crime and hate speech. So there is a definite desire to address these very important matters. As I said in my previous Answer to the noble Baroness, we will look at other areas in the online harms White Paper.

There is absolutely no doubt that children are still a prime concern, as the composition of the board shows. The director of BBC Children’s, the CEO of Childnet, the Children’s Commissioner, the CEOs of Internet Matters and the Internet Watch Foundation, the lead for the National Police Chiefs’ Council, the head of child safety online for the NSPCC and the deputy director of child protection for the Scottish Government are all members of the board and they will certainly make sure that children’s issues are at the forefront of their work.

[Viscount Colville of Culross (CB)]

My Lords, the council is developing a programme of online guidance for schools. Does the Minister not think that there should be government funding for a digital literacy campaign supported by the council? That is particularly important when it comes to the ability to read the terms and conditions used on websites and tech company sites.

[Lord Ashton of Hyde]

Yes, I agree that that is important for all people online, not just children.

Data Protection Bill [HL]

Viscount Colville of Culross Excerpts

Monday 14th May 2018 Lords Chamber

[Lord Puttnam]

My Lords, the noble Baroness, Lady Cavendish, made the point that there were few journalists here. As far as I know, the noble Baroness, Lady Kidron, and I are the only remaining film-makers—and I think that we do know how to edit. I would very much like to support the amendment perfectly set out by the noble Baroness, Lady Hollins. It should not be necessary to say this in your Lordships’ House but, once again, I reiterate that I am the proud son of a journalist and would die in a ditch to protect a responsible and fearless free press. But freedom of any sort brings its own responsibilities, and the greatest of these is the sustaining of trust. This short debate is all about trust.

The Minister in another place said he was being “forward-looking”. I am sure that I speak for many in this House when I suggest that the most forward-looking ambition that we share is the possibility that we might, over time, regain the trust of the people of this country in the quality and integrity of Parliament. As I see it, this ambition trumps all others—and to judge by recent coverage in our national press we are not coming from a particularly good place in that respect.

On the evidence of the past 20 years or so, much of the national press takes the position that its role in society is so important that Parliament needs to get over itself, and understand that in the real world you cannot make omelettes without breaking eggs. The view that it appears to advance is that, to remain sustainable, injustice, distortion, deception, abuse and even at times criminality are the price that society is required to pay for a robust, unfettered press. What if the Church took a similar position with regard to misconduct in its own ranks, or our judges argued that an acceptance of illegal practice in the collection of evidence was a necessary price to pay in the pursuit of justice? At the height of the financial crisis we came close to being persuaded by the banks that their reckless behaviour was justified by the pressures placed on them by their shareholders. I would argue, as has been very well put many times during the passage of this Bill, that society cannot afford the luxury of entirely unconstrained freedoms—not in the law, the Church, the financial sector, social media and even the press.

The reasons why Leveson 2 is necessary were well explained by the noble Baroness, Lady Hollins, in setting out her amendment. Personally, I have not the slightest doubt that such a review would reveal an extensive and entirely improper set of relationships between the press, politicians and the police, with the very real possibility that significant cases of actual obstruction of justice would come to light. It seems just possible that, in making that suggestion, I have stumbled across the real reason for the Government’s desire to scrap this second and, to my mind, more important inquiry.

I have just two specific questions to put to the Minister. First, having checked, I can find no record of the former Prime Minister having expressed a view on the unprecedented repudiation of his commitment to Parliament, let alone the breach of his well-publicised personal promises to the victims of press abuse. Has he been asked about, and has he indeed endorsed, the recent decision by the Secretary of State? Is Mr Cameron prepared to meet the victims to explain what factors or new revelations encouraged him to change his mind on this matter—if he has? Possibly the Minister, or even the media, might choose to inquire. Further, does the Minister feel that the precedent set by the decision to scrap Leveson 2 is likely to enhance or diminish the likelihood of overcoming the challenge I referred to at the outset—the ambition of all responsible politicians to develop greater public belief in the honesty and integrity of Parliament in general and of the Government that he serves in particular?

[Viscount Colville of Culross (CB)]

My Lords, I declare an interest as a television producer who has been involved in investigative programmes for the BBC and other channels. I listened with horror to the stories of victims that my noble friend Lord Kerslake told, and I am sure that I was as appalled as the rest of the House. In previous debates, my noble friend Lady Hollins has also talked about victims’ stories, which must also have appalled us all. However, I ask the House to consider how the amendment could rebalance the relationship between the right to privacy of the individual and the right to freedom of expression, in favour of the former.

I am particularly concerned about proposed new subsection (3)(f) of the amendment, which looks innocent enough—and I think that it would help the victims of phone hacking, which of course is something I welcome. However, it might come at a terrible cost to freedom of expression. This morning I spoke to a number of representatives of the most responsible newspapers and broadcasters about their fears over this proposed new subsection. They are concerned that switching the balance between free speech and the privacy rights of the individual will raise the bar for the way in which publication in the public interest is viewed by the courts. As someone who has worked in the media for many years, I fear that even the prospect of the bar being raised will have a chilling effect on investigative journalism. Editors will be afraid to commission investigative stories for fear of not being able to publish them. Likewise, it will empower lawyers who want to defend the privacy of wealthy individuals.

I have looked at the case brought against the BBC and the Guardian newspaper for the publication of the Paradise papers, which exposed no illegality but revealed, on an industrial scale, the avoidance of paying British tax by huge corporations and wealthy individuals. The purpose of the publication was not only to expose the actions of individuals and corporations but to focus British public and political opinion on the nature of offshore investments and tax avoidance—which I would argue is definitely in the public interest. Yet the lawyers at Appleby, the offshore legal firm at the centre of the Paradise papers affair, used a breach of confidence case against the media’s use of privileged documents to target the organisations involved.

The case has been settled, but if it had gone to full trial the judge would have had to weigh up the right to privacy of the individual against the public interest in publishing the documents. In all these cases, editors must take into account the possibility of losing, even when publication is demonstrably in the public interest. An inquiry into rebalancing rights of privacy against freedom of expression will further increase that anxiety. I am concerned not just about the rebalancing of rights to the detriment of free speech; I am concerned also that this amendment will be a distraction from the implementation of a complicated series of new legal powers introduced by the Bill. Many of these will be challenged by the courts and will consume a huge amount of time on the part of media organisations, as all sides struggle to ensure that the very worthwhile measures set out in the Bill are put into full effect. The amendment is retrospective and potentially damaging to the Bill and to free speech in this country. I urge noble Lords to vote against it.

Creative Industries: Skills Shortage

Viscount Colville of Culross Excerpts

Wednesday 2nd May 2018 Lords Chamber

[Lord Ashton of Hyde]

My Lords, this is the third question that should be given to the Department for Education, but I completely understand the noble Lord’s point. What I have said is that we do not think that there should be a limited amount for, for example, STEM subjects, important though they are. We understand the basis of a broad-based curriculum. As I indicated, in DCMS we are talking to Department for Education Ministers. We represent the views of our sector, which is very vociferous on these subjects. We understand them and are taking a lot of effort to do so, and are relaying them to the Department for Education.

[Viscount Colville of Culross (CB)]

My Lords, 47% of the workforce in the creative industries is self-employed, compared with 15% of the workforce as a whole. The creative sector deal declares that it wants to protect access to global talent. Could the Minister tell the House whether the Government plan to consult the industry on the introduction of a freelance visa to ensure that the most talented creatives can work in this country?

[Lord Ashton of Hyde]

We are only too well aware of the importance of foreign talent, who sometimes come to this country for relatively limited periods of time to work in the creative industries. The noble Viscount is absolutely right that a lot of the jobs in the creative industries are for a limited period. We are working with the Migration Advisory Committee to look at issues surrounding immigration. Again, as part of the joined-up government we referred to, we are talking to the Home Office to make sure the sector’s requirements are known.

BBC: Brexit

Viscount Colville of Culross Excerpts

Tuesday 30th January 2018 Lords Chamber

[Lord Ashton of Hyde]

I think the BBC does a very difficult job well, but it is for members of the public, including noble Lords, to follow the complaints procedure—which is easy to do. The BBC receives, I think, 200,000 comments on its programmes per year. As I said before, Ofcom is there to make sure they stay within the code.

[Viscount Colville of Culross (CB)]

My Lords, as we abandon EU institutions, does the Minister agree that we should be bolstering rather than bashing our great British institutions? One of the most internationally respected and well-known of those that need bolstering is the BBC.

[Lord Ashton of Hyde]

The BBC needs support when it does things well; it also needs to get its house in order when it does things wrongly.

Brexit: Audio-visual Services

Viscount Colville of Culross Excerpts

Monday 29th January 2018 Lords Chamber

[Lord Ashton of Hyde]

The noble Lord has put his finger on the fact that it will be a challenge but, luckily, it is one we are up to. The point to bear in mind is that a European country which receives, on average, 45% of its channels from abroad—for some smaller countries, it is 75%—wants a respected regulator which will make sure that the channels it receives are up to standard, and that is exactly what the UK provides.

[Viscount Colville of Culross (CB)]

My Lords, I declare an interest as a series producer at ITN Productions who has just sold a series across the European Union. Are the Government planning to renegotiate the AVMS directive, which defines “European work”? If not, does the Minister recognise the damage that will be done to the UK television production sector if its productions cannot compete with a 50% European work quota?

[Lord Ashton of Hyde]

My Lords, the Government are actively involved in the renegotiation of the AVMS directive, and I believe that the plan is for the trialogues to finish some time this year. I do not want to disagree with the noble Viscount, who is an expert in these things, but I think that the European work status is confirmed by the Council of Europe transfrontier television convention.

Social Media: News

Viscount Colville of Culross Excerpts

Thursday 11th January 2018 Lords Chamber

[Viscount Colville of Culross (CB)]

I declare an interest as a series producer at ITN Productions. I too thank my noble friend Lady Kidron for securing this timely debate.

I am concerned by the rapid decline of quality journalism in this country and across the western world. The way social media platforms operate means that factually based journalism is under attack as never before. That is bad enough, but the way that news and views are disseminated on these platforms is creating an echo chamber. It excludes diverse voices and exaggerates the opinions people already hold: this is the filter bubble. I fear that it causes increasing political polarisation, which we see across the western world—a popularism fed by social media, where emotion triumphs and reasoned discourse is defeated.

The problem lies in the failure of social media platforms such as Facebook to value the quality of the content their users are viewing. Their main concern is the number of eyeballs and the length of time they engage with the platform, so that they are exposed to the adverts that almost entirely finance these companies. As these platforms become the dominant medium by which a whole new generation receives its news, this must be of the greatest concern to noble Lords. Of course, listening to your friends, or sympathetic points of view, is what we all do and what humans have always done. We want to rely on people we know and trust. But people inevitably pass on information that amuses or shocks them, rather than wholesome pieces of impartial information.

This has been exacerbated in the case of Facebook by the changes it has made to its algorithms. In June 2016, one such change meant that the “likes” of friends and families superseded the users’ own preferred pages, the aim being to engage the user ever more deeply with others on the platform and keep them viewing for as long as possible. However, it is very difficult for independent researchers outside the platforms to find out about these changes in algorithms and their effects. The information is closely guarded by the social media companies and all research is carried out in-house with an inevitable conflict of interest, which discredits the findings.

Independent research has been carried out into the way users consume news on Facebook. Dr Shan Wang of Harvard University found that half the people surveyed saw no news in their first 10 posts, and that was a very loose term for news: it included celebrity gossip and sports news. Only 1% of the users had news stories as their majority content. Of the news that they received, more than half came from friends and only 4% directly from the publishers.

It is a far cry from what is now called the “legacy media”, or the quality newspapers in which specialist journalists curate content. Some of this quality journalism does indeed appear on the platforms, but it is taken out of context and is just another piece of disconnected information among a raucous raft of considerably less reliable sources. Facebook’s “instant article” is a method by which the platform exposes users to a range of news outlets. However, it is hard to discern the provenance of the information. High-quality publishers are placed alongside websites peddling rumour and lies from some very dubious sources. Not only is much high-quality journalism suffering as newspapers’ advertising revenue reduces as it transfers to the platforms; the impact of such content is being dramatically diminished.

I am also concerned about the effect of user preferences on the role of British broadcast journalism in this environment. The temptation must be to loosen the constraints of impartiality in a world where opinion is king, but I would argue that Ofcom and the BBC must hold fast so that impartial content can be shared and passed on to friends and family. These sources of trusted and fact-checked information underpin our democracy and secure its future. Recent research by the Reuters Institute for the Study of Journalism at the University of Oxford shows that impartial broadcast news in this country creates trust and acts as a bulwark against polarisation. It compares very favourably with the lack of trust Americans have in their media, which has no place for impartiality and is driven by editorial bias.

The 2017 Conservative Party manifesto declared:

“We will be consistent in our approach to regulation of online and offline media.”


We must ensure that the filter bubble does not cut the people of this country off from diverse news, opposing views and even opinions that might offend them. If social media platforms do not take more responsibility for their content, alter their algorithms accordingly and go much further in curating their content, I fear some kind of third-party regulation will be required to intervene in the closed world of social media platforms.