My Lords, as the noble Baroness, Lady Benjamin, explained, Amendment 177A requires the Government to undertake an investigation into
“the impact of access to online pornography by children on domestic abuse”
and to review the commencement of Part 3 of the Digital Economy Act 2017, which all noble Lords spoke about.
We share the concerns raised in both Houses by parents and those advocating on behalf of children’s safety online that a large amount of pornography is available on the internet, often for free, with little or no protection to ensure that those accessing it are old enough to do so. In turn, this is changing the way that young people understand healthy relationships, sex and consent.
In October 2019, the Government announced that they will not commence Part 3 of the Digital Economy Act 2017. We propose to repeal those provisions and instead deliver more comprehensive protections for children through our proposals for a wider online harms regulatory framework. Protecting children is at the heart of our plans to transform the online experience for people in the UK, and the strongest protections in our forthcoming online harms framework will be for children.
The Department for Digital, Culture, Media and Sport and the Home Office have now published the full government response to the online harms White Paper consultation, which sets out the new expectations on companies to keep users safe online. These new
laws will mean that companies must tackle illegal content on their platforms and protect children from harmful content and activity online. Major platforms will need to be clear about what content is acceptable on their services and enforce the rules consistently.
I am pleased that Britain is setting the global standards for safety online, with the most comprehensive approach yet to online regulation. Ofcom will be named in legislation as the regulator, with the power to fine companies failing in their duty of care up to £18 million or 10% of annual global turnover. It will also have the power to block non-compliant services from being accessed in the UK.
The noble Baroness, Lady Benjamin, asked whether the provisions in the online harms framework will be as robust as those in the Digital Economy Act. Through the online harms framework, we will be able to go further than the Digital Economy Act’s focus on online pornography on commercial adult sites. We will be able to protect children from a broader range of harmful content and activity across a wider range of services. The online safety duty of care will not just be for sites with user-generated content; it will also be for sites that facilitate online user interaction, including video and image sharing, commenting and live-streaming.
The noble Lords, Lord Alton and Lord Ponsonby, the noble Baroness, Lady Benjamin, and my noble friend Lord McColl all asked why, given that the online harms regime is years away, the Government cannot commence the Digital Economy Act as an interim measure. It is important that we take the time to deliver the most comprehensive approach for protecting children online, which will ensure that robust protections are in place for generations of young people to come. Through the online harms framework, we will be able to go further than the Digital Economy Act’s focus on online pornography on commercial adult sites, as I said. We will be able to protect children from a broader range of harmful content.
One of the criticisms of the Digital Economy Act was that its scope did not cover social media companies, where a considerable quantity of pornographic material is accessible to children. The Government’s new approach will include social media companies and sites where user-generated content can be widely shared, including the most visited commercial pornography sites. Taken together, we expect this to bring into scope more online pornography that children can currently access than the narrower scope of the Digital Economy Act. We will set out, in secondary legislation, priority categories of legal but harmful content and activity posing the greatest risk to children, which will include online pornography.
The Government expect that the regulator will take a robust approach to sites that pose the highest risk of harm to children. That may include recommending the use of age assurance or verification technologies where the risk is highest, including for sites hosting online pornography. Companies would need to put in place these technologies or demonstrate that the approach they are taking delivers the same level of protection for children. We are working closely with stakeholders across the industry to establish the right conditions for
the market to deliver age assurance and age verification technical solutions ahead of the legislative requirements coming into force. The online safety Bill will be ready this year; in the meantime, we are already working closely with Ofcom to ensure that the implementation period that will be necessary following passage of the legislation will be as short as possible.
On the point about the Government sitting on the research, we were not seeking to suppress its results. Given the number of comments from noble Lords about the letter, I had better write again on the points there were clearly not satisfactory to them. My ministerial colleagues in the DDCMS will continue to engage with parliamentarians as we prepare for the vital legislation. I hope I have provided reassurance that Amendment 177A is not necessary and that the noble Baroness will be happy to withdraw her amendment.