Data (Use and Access) Bill [Lords]

Caroline Dinenage Excerpts

Wednesday 7th May 2025 Commons Chamber

[Madam Deputy Speaker (Judith Cummins)]

I call the Chair of the Culture, Media and Sport Committee.

[Dame Caroline Dinenage (Gosport) (Con)]

I rise to support new clauses 2 to 5 in the name of the hon. Member for Harpenden and Berkhamsted (Victoria Collins); to pay tribute to Baroness Kidron, who has driven forward these amendments in the other place; and to speak in favour of new clause 20 in the name of the official Opposition.

I am beginning to sound a bit like a broken record on this matter, but our creative industries are such a phenomenal UK success story. They are our economic superpower and are worth more than automotive, aerospace and life sciences added together, comprising almost 10% of UK registered businesses and creating nearly 2.5 million jobs. More than that, our creative industries have so much intrinsic value; they underpin our culture and our sense of community. Intellectual property showcases our nation around the world and supports our tourism sector. As a form of soft power, there is simply nothing like it—yet these social and economic benefits are all being put at risk by the suggested wholesale transfer of copyright to AI companies.

The choice presented to us always seems, wittingly or unwittingly, to pit our innovative AI sector against our world-class creative industries and, indeed, our media sector. It is worth noting that news media is often overlooked in these debates, but newspapers, magazines and news websites license print and content online. In turn, that helps to support high-quality and independent journalism, which is so vital to underpinning our democratic life. That is essential considering recent news that the global average press freedom score has fallen to an all-time low.

I want to push back against the false choice that we always seem to be presented with that, somehow, our creative industries are Luddites and are not in favour of AI. I have seen time and again how our creators have been characterised by big tech and its lobbyists as somehow resistant to technological progress, which is of course nonsensical.

[Chris Bryant]

I want to knock on the head the idea that any Government Minister thinks that the creative industries are Luddites. As I said in the debate in Westminster Hall—I know that the hon. Lady was not able to be there—many creative industries use all sorts of technical innovations every single day of the week. They are not Luddites at all; they are the greatest innovators in the country.

[Dame Caroline Dinenage]

I thank the Minister for that reassurance. I did take part in a Westminster Hall debate on this matter a couple of weeks ago, but one of his colleagues was responding. I made the same point then. Quite often in the media or more generally, AI seems to be pitted against our creative industries, which should not be the case, because we know that our creative industries embrace technology virtually more than any other sector. They want to use AI responsibly. They do not want to be replaced by it. The question before us is how lawmakers can ensure that AI is used ethically without this large-scale theft of IP. We are today discussing amendments that go somewhere towards providing an answer to that question.

[David Davis]

On this issue of Luddites, surely one of the problems for English language creators is that what they create is of more value because of the reach of the English language over others. Therefore, they are more likely to have their product scraped and have more damage done to them.

[Dame Caroline Dinenage]

My right hon. Friend makes a very good observation, but the fact is that so much content has already been scraped. Crawlers are all over the intellectual property of so many of our creators, writers and publishers—so much so that we are almost in a position where we are shutting the gate after the horse has bolted. Nevertheless, we need to do what we can legislatively to get to a better place on this issue.

New clause 2 would simply require anyone operating web crawlers for training and developing AI models to comply with copyright law. It is self-evident and incontrovertible that AI developers looking to deploy their systems in the UK should comply with UK law, but they often claim that copyright is not very clear. I would argue that it is perfectly clear; it is just that sometimes they do not like it. It is a failure to abide by the law that is creating lawsuits around the world. The new clause would require all those marketing their AI models in the UK to abide by our gold-standard copyright regime, which is the basis that underpins our thriving creative industries.

New clause 3 would require web crawler operations and AI developers to disclose the who, what, why, and when crawlers are being used. It also requires them to use different crawlers for different purposes and to ensure that rights holders are not punished for blocking them. A joint hearing of the Culture, Media and Sport Committee and the Science, Innovation and Technology Committee heard how publishers are being targeted by thousands of web crawlers with the intention of scraping content to sell to AI developers. We heard that many, if not most, web crawlers are not abiding by current opt-out protocols—robots.txt, for example. To put it another way, some developers of large language models are buying data scraped by third-party tech companies, in contravention of robots.txt protocols, to evade accusations of foul play. All this does is undermine existing licensing and divert revenues that should be returning to our creative industries and news media sector. New clause 3 would provide transparency over who is scraping copyrighted works and give creators the ability to assert and enforce their rights.

New clause 4 would require AI developers to be transparent about what data is going into their AI models. Transparency is fundamental to this debate. It is what we should all be focusing on. We are already behind the drag curve on this. California has introduced transparency requirements, and no one can say that the developers are fleeing silicon valley just yet.

New clause 20, tabled by the official Opposition, also addresses transparency. It would protect the AI sector from legal action by enabling both sides to come to the table and get a fair deal. A core part of this new clause is the requirement on the Secretary of State to commit to a plan to help support creators where their copyright has been used in AI by requiring a degree of transparency.

New clause 5 would provide the means by which we could enforce the rules. It would give the Information Commissioner the power to investigate, assess and sanction bad actors. It would also entitle rights holders to recover damages for any losses suffered, and to injunctive relief. Part of the reason why rights holders are so concerned is that the vast majority of creators do not have deep enough pockets to take on AI developers. How can they take on billion-dollar big tech companies when those companies have the best lawyers that money can buy, who can bog cases down in legislation and red tape? Rights holders need a way of enforcing their rights that is accessible, practical and fair.

The Government’s AI and copyright consultation says that it wants to ensure

“a clear legal basis for AI training with copyright material”.

That is what the new clauses that I have spoken to would deliver. Together they refute the tech sector’s claims of legal uncertainty, while providing transparency and enforcement capabilities for creators.

Ultimately, transparency is the main barrier to greater collaboration between AI developers and creators. Notwithstanding some of the unambitious Government amendments, the Opposition’s amendments would provide the long-overdue redress to protect our creative industries by requiring transparency and a widening of the scope of those who are subject to copyright laws.

The amendments would protect our professional creators and journalists, preserve the pipeline of young people looking to make a career in these sectors themselves, and cement the UK as a genuine creative industries superpower, maintaining our advantage in the field of monetising intellectual property. One day we may make a commercial advantage out of the fact that we are the place where companies can set up ethical AI companies—we could be the envy of the world.

[Preet Kaur Gill (Birmingham Edgbaston) (Lab/Co-op)]

I rise to support the Bill and speak to new clauses 22 and 23 tabled in my name. The measures in the Bill will unlock the power of data to grow the economy, to improve public services and make people’s lives easier. By modernising the way in which consumers and businesses can safely share data, the Bill will boost the economy by an estimated £10 billion over the next decade. The Bill will also make our public services more efficient and effective, saving our frontline workers from millions of hours of bureaucracy every year, which they can use to focus on keeping us safe and healthy.