Age Assurance (Minimum Standards) Bill [HL]

Lord Gilbert of Panteg Excerpts

2nd reading
Friday 19th November 2021 Lords Chamber

[Lord Gilbert of Panteg (Con)]

My Lords, it is a great pleasure to follow the noble Lord, Lord Lipsey. I have really enjoyed the contributions that we have heard already today. Like other noble Lords, I congratulate the noble Baroness, Lady Kidron, on introducing this Bill and explaining it so clearly.

The Communications and Digital Committee, which I chair, has been examining digital regulation and I have been quite clear in my own mind, and in talking about the work of our committee, that we must be ultra-vigilant in ensuring that proposals to regulate in the digital space neither put at risk the fundamental right to freedom of expression or undermine privacy. In our recent report on freedom of expression online, we were quite critical of some aspects of the proposed online safety Bill which we believe do just that. However, we also said:

“Children deserve to enjoy the full benefits of being online and still be safe.”


We do not just mean minimising harm; we want the internet to be a positive place for children and adults.

For children, we want the internet to be a place where safety is paramount, a place that we—adults—design for them, so that at every stage of their childhood their lives online are rich, rewarding and educational, where they are supported in their emotional development, helped to learn, play and socialise confidently, and are protected from harm. For adults, we want an environment where content that Parliament has made illegal is swiftly removed, where they have control of what they see, and where they can express themselves freely in an environment designed to encourage civility rather than to heighten conflict. That is what we seek to achieve: an internet that works for everyone, adults, and children.

I am not a doom-monger. The internet and the digital spaces that it has provided have bought huge benefits to society, as the noble Lord, Lord Lipsey, so movingly described regarding that amazing technology which we saw, effectively giving blind children the opportunity to participate in the same world as the rest of us. However, only if we treat adults as adults and children as children can we deal with the darker side of the internet and improve all our lives online.

We can only treat children as children, and provide them with the rich, rewarding, positive place that I have described, if we know who they are. It is astonishing that, as currently drafted, the online safety Bill does not tackle commercial pornographic websites by blocking access to them by children. I hope that my noble friend the Minister can tell us that this omission will be addressed.

However, as the noble Baroness, Lady Kidron, has so carefully explained, age assurance encompasses a range of systems that services use to estimate the age of its users. The 5Rights Foundation sets out 10 different approaches to age assurance. The system used by services will obviously need to take into account two factors: the likelihood of children having access and the potential for them to be harmed if they do. Therefore, a great degree of certainty would be required by a service providing pornographic content and much less certainty for a website designed for use by children, that might simply want to serve them content that is most appropriate to their age.

Here we come to the most important point about the Bill. Platforms and services are already using age assurance technology. They seem to know our ages and everything else about us when they are flogging us stuff. The same underlying technology is already used to create age appropriate environments and will be used by platforms and other online services to meet the requirements of the age-appropriate design code and other safety requirements in the future. So as my noble friend Lady Harding pointed out, this Bill does not introduce age assurance; it simply introduces a regime to ensure that minimum standards are met and that privacy is preserved.

Time and again, the giants of Silicon Valley have demonstrated that they have very little regard for our right to freedom of expression, removing content based on their own business interests, political preferences and whims, and they most certainly cannot be trusted with our privacy. However, I have no doubt that we can square this and that we can protect children while preserving privacy.

Technology is constantly advancing. The objective I have set out of creating a vibrant, positive place for children, while protecting them from harm, can be achieved without the kind of platform-controlled, privacy-invading, age-verification and identity-checking approach we were considering just a couple of years ago. But we need to get on with it, because age assurance is happening now, and we need these measures to protect our privacy.

A Bill which requires minimum standards for the use of these systems, with safeguarding privacy at the heart of those standards—something I can support—seems to me to be a very simple measure. I hope the Government can support it too.