Feryal Clark MP: speeches

Speeches

• 26 Feb 2025 · Online Safety Act: Implementation · Hansard source

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  It is a pleasure to serve under your chairmanship, Mr Stringer. I thank the right hon. and learned Member for Kenilworth and Southam (Sir Jeremy Wright) for securing this debate on the implementation of the Online Safety Act. I know that he has been following the Bill throughout its passage and has been a critic of every Minister, even his Government’s Ministers, whenever the Bill was watered down or delayed, so I expect him to hold all of us to account. I am grateful to him and all the hon. Members who have spoken this morning. The Government share their commitment to keeping users safe online. It is crucial that we continue to have conversations about how best to achieve that goal. The Online Safety Act lays the foundations for strong protections against evil content and harmful material online. It addresses the complex nature of online harm, recognising that harm is not limited to explicit content and extending to the design and functionality of online services. We know that the legislation is not perfect. I hear that at every such debate, but we are committed to supporting Ofcom to ensure that the Act is implemented quickly, as this is the fastest way to protect people online. 2025 is the year of action for online safety, and the Government have already taken a number of steps to build on Ofcom’s implementation of the Act. In November last year, the Secretary of State published the draft “Statement Of Strategic Priorities for online safety”. That statement is designed to deliver a comprehensive, forward-looking set of online safety priorities for the full term of this Government. It will give Ofcom a backing to be bold on specific areas, such as embedding safety by design, through considering all aspects of a service’s business model, including functionalities and algorithms. We are also working to build further on the evidence base to inform our next steps on online safety, and I know that this issue was debated earlier this week. In December, we announced a feasibility study to understand the impact of smartphones and social media on children, and in the Data (Use and Access) Bill, we have included provisions to allow the Secretary of State to create a new researcher access regime for online safety data. That regime is working to fix a systemic issue that has historically prevented researchers from understanding how platforms operate, and it will help to identify and mitigate new and preventable harms. We have also made updates to the framework, such as strengthening measures to tackle intimate image abuse under the Online Safety Act, and we are following up on our manifesto commitment to hold perpetrators to account for the creation of explicit, non-consensual deepfake images through amendments to the Data Bill. We are also building on the measures in the Online Safety Act that allow Ofcom to take information on behalf of coroners. Through the Data Bill, we are bringing in additional powers to allow coroners to request Ofcom to issue a notice requiring platforms to preserve children’s data, which can be crucial for investigations into a child’s tragic death. My hon. Friend the Member for Darlington (Lola McEvoy) raised Jools’ law, of which I am very aware, and I believe that she is meeting Ministers this week to discuss it further. Finally, we recently announced that, in the upcoming Crime and Policing Bill, we are introducing multiple offences to tackle AI sexual abuse, including a new offence for possessing, creating or supplying AI tools designed to generate child sexual abuse material. Members have raised the issue of the Act’s implementation being too slow. We are aware of the frustrations over the amount of time that it has taken to implement the Online Safety Act, not least because of the importance of the issues at hand. We are committed to working with Ofcom to ensure that the Online Safety Act is implemented as quickly and effectively as possible.

• 26 Feb 2025 · Online Safety Act: Implementation · Hansard source

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  I was about to come to the point that the right hon. and learned Member raised about the digital regulation Committee. I have had a brief conversation with him about that, and agree about the importance of parliamentary scrutiny of the implementation of the Online Safety Act. I welcome the expertise that Members of both Houses bring. Select Committees are a matter for the House, as he is aware. We will continue to work with the House of Lords Communications and Digital Committee and the House of Commons Science, Innovation and Technology Committee to support their ongoing scrutiny, as well as other parliamentary Committees that may have an interest in the Act. The Act requires the Secretary of State to review the effectiveness of the regime, two to five years after the legislation comes into force. We will ensure that Parliament is central to that process. I encourage the right hon. and learned Member to continue to raise the matter with the right people. Most hon. Members raised the issue of apps. Ofcom will have a duty to publish a report on the role of app stores and children’s accessing harmful content on the apps of regulated services. The report is due between January ’26 and January ’27. Once it is published, the Secretary of State may, if appropriate, make regulations to bring app stores into the scope of the Act. The timing will ensure that Ofcom can prioritise the implementation of child safety duties. I will write to the right hon. and learned Member for Kenilworth and Southam on the issue of proportionality, as I want to ensure that I give him the full details about how that is being interpreted by Ofcom. We fully share the concerns of hon. Members over small platforms that host incredibly harmful content, such as hate forums. These dark corners of the internet are often deliberately sought out by individuals who are at risk of being radicalised.

• 26 Feb 2025 · Online Safety Act: Implementation · Hansard source

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  Ofcom has had to spend a long time consulting on the codes to ensure that they are as proofed against judicial review as possible. Any re-consultation or review of the codes will result in a delay, and the best way to ensure that we can protect children is to implement the Act as soon as possible. My hon. Friend referred to the fact that both Ofcom and the Secretary of State have said that this is not a done deal; it is an iterative process, so of course we expect those codes to be reviewed. As I said, Ofcom is moving forward with implementation of the Act. In a matter of weeks we will start to see, for the first time, safety duties making a material difference to online experiences for adults and children. Platforms are already duty-bound to assess the risk of illegal content and, with a deadline of 16 March, to complete risk assessments. Once legal harm codes come into effect from 17 March, Ofcom will be able to enforce legal safety duties. Shortly following that in April, Ofcom will publish the child safety codes and associated guidance, starting the clock for services to assess the risk of content harmful to children on their platforms. The child safety duties should be fully in effect by the summer. My hon. Friend the Member for Darlington also raised the issue of dynamic risk assessment. I understand that she is in conversation with Ofcom and Ministers on that. I will await the outcome of those discussions. The implementation of the Act will bring in long overdue measures, such as preventing children from accessing pornography and legal content encouraging suicide, self-harm or eating disorders. I have heard concerns raised by hon. Members regarding Ofcom’s approach, particularly to harmful functionalities and safety by design. We understand there is still a lot of work to be done, which is why the Secretary of State’s statement of strategic priorities places a high importance on safety by design. However, it is important not to lose sight of the positive steps we expect to see this year under the Act. For instance, Ofcom’s draft child codes already include specific measures to address harmful algorithms, among other safety recommendations. We expect Ofcom will continue to build on those important measures in the codes. Questions were asked about whether the Government have plans to water down the Act. I can categorically state that there are no plans to water down the measures. The Secretary of State has made it very clear that any social media company that wants to operate in our society will have to comply with the law of the land. Whatever changes are made in other jurisdictions, the law of the land will remain.

• 26 Feb 2025 · Online Safety Act: Implementation · Hansard source

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  I expect any consultation will have to go through the Secretary of State, and I am sure it will be debated and will come to the House for discussion, but I will happily provide my hon. Friend with more detail on that. I am grateful to all Members for their contributions to the debate. I look forward to working with the right hon. and learned Member for Kenilworth and Southam, and hopefully he can secure the Committee that he has raised.

• 26 Feb 2025 · Online Safety Act: Implementation · Hansard source

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  The Government are confident that the duties to tackle illegal content and, where relevant, protect children from harmful content will have a meaningful impact on the small but risky services to which the hon. Gentleman refers. Ofcom has created a dedicated supervision taskforce for small but high-risk services, recognising the need for a bespoke approach to securing compliance. The team will focus on high-priority risks, such as CSAM, suicide and hate offences directed at women and girls. Where services do not engage with Ofcom and where there is evidence of non-compliance, Ofcom will move quickly to enforcement action, starting with illegal harm duties from 17 March, so work is being done on that. The comprehensive legal safety duties will be applied to all user-to-user forums, and child safety duties will be applied to all user-to-user forums likely to be accessed by children, including the small but high-risk sites. These duties will have the most impact in holding the services to account. Because of the deep concerns about these forums, Ofcom has, as I said, created the small but risky supervision taskforce. For example, Ofcom will be asking an initial set of firms that pose a particular risk, including smaller sites, to disclose their illegal content risk assessment by 31 March. The Government have been clear that we will act where there is evidence that harm is not being adequately addressed despite the duties being in effect, and we have been clear to Ofcom that it has the Government’s and Parliament’s backing to be bold in the implementation of the Online Safety Act. We are in clear agreement that the Act is not the end of the road, and Ofcom has already committed to iterating on the codes of practice, with the first consultation on further measures being launched this spring. The Government remain open minded as to how we ensure that users are kept safe online, and where we need to act, we will. To do so, we must ensure that the actions we take are carefully considered and rooted in evidence.

• 26 Feb 2025 · Online Safety Act: Implementation · Hansard source

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  The point I was trying to make was that Ofcom is spending time ensuring that it gets the codes right and can implement them as soon as possible, without being delayed by any potential challenge. To avoid any challenge, it must ensure that it gets the codes right.

• 12 Feb 2025 · AI Growth Zones · Hansard source

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  The right hon. and learned Member will know that there is an ongoing consultation looking at clarifying the copyright and AI issues. There will be a speech this afternoon on the Data Bill that will cover the issue in more detail. As he will also know, the consultation ends on 25 February, after which we will review its responses to see what we need to do.

• 12 Feb 2025 · AI Growth Zones · Hansard source

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  As detailed in the “AI Opportunities Action Plan”, artificial intelligence growth zones will help to secure the UK’s position as a global leader in AI, ensuring that benefits are felt across the whole of the UK. My hon. Friend will be pleased to hear that on Monday we invited local and regional authorities along with the industry to come forward with potential suitable sites for hosting AI infrastructure.

• 12 Feb 2025 · AI Growth Zones · Hansard source

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  I thank my hon. Friend for strongly advocating for her constituency in Medway to become an AI growth zone. She will well know that the “AI Opportunities Action Plan” outlines the steps we are taking so that the UK can build the cutting-edge computer infrastructure needed to lead in AI development and deployment. I eagerly look forward to reading expressions of interest from hon. Members’ constituencies. I will be more than happy to meet her to discuss this in detail.

• 12 Feb 2025 · Access to Digital Services: North-east · Hansard source

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  The hon. Member will have seen the AI opportunities action plan, which sets out our aspiration for this country, including the opportunities for small businesses. The fusion of AI across the economy is top of the agenda. In the coming months, she will see more activity on how we will do that.

• 12 Feb 2025 · Access to Digital Services: North-east · Hansard source

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  No one anywhere in the UK should have difficulty using Government services, and the Government are committed to ensuring that our online and digital services are as accessible as possible. There are globally recognised standards for digital accessibility, but they are only part of the design of an inclusive service, which is why we will be revising the Government service standards to incorporate requirements covering wider issues of inclusion and looking at extending their scope into the wider public sector.

• 12 Feb 2025 · Access to Digital Services: North-east · Hansard source

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  It is right that not only do we need to have good online access to services, but businesses need to be able to connect to those services, and that is why the Government are committed to delivering nationwide gigabit connectivity coverage by 2030. I am glad to say that over 94% of premises in her constituency can access gigabit broadband, including the businesses that she refers to, but I am of course happy to meet her to talk about what more we can do in this important area.

• 12 Feb 2025 · Access to Digital Services: North-east · Hansard source

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  I absolutely agree with the hon. Member. Businesses across the country should be able to connect, especially in this day and age. If the business in her constituency continues to experience problems, my hon. Friend the Minister for Data Protection and Telecoms will be happy to meet her to discuss this issue further.

• 4 Feb 2025 · Draft Online Safety Act 2023 (Category 1, Category 2A and Category 2B Threshold Conditions) Regulations 2025 · Hansard source

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  The comments made by the hon. Member for Aberdeen North are absolutely outrageous, but I would not expect anything less from the SNP. I have made it very clear that I will share legal advice with Members. I also made it clear that the small but risky sites that Members have been talking about were raised by the Secretary of State in a letter to Ofcom in September, and Ofcom has set up a taskforce to look at those services. The key thing for the Government is to get on with implementing the Online Safety Act. I know that the hon. Lady would like us to spend lots of time delaying, but we are interested in getting on with implementing the Act so that we can keep children safe online. With that, I commend the regulations to the House.

• 4 Feb 2025 · Draft Online Safety Act 2023 (Category 1, Category 2A and Category 2B Threshold Conditions) Regulations 2025 · Hansard source

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  Although I thank the hon. Member for his contribution, I am sure that he will appreciate that this issue has been looked into and discussed in debates and with officials. With that, I commend these regulations to the Committee.

• 4 Feb 2025 · Draft Online Safety Act 2023 (Category 1, Category 2A and Category 2B Threshold Conditions) Regulations 2025 · Hansard source

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  Sorry, I have lots of points to cover. If I have not covered the hon Member’s concerns in my response, she is more than welcome to intervene later. These small but risky services are of significant concern to the Government, and they will still have to protect against illegal content and, where relevant, content that is harmful to children. Ofcom also has a dedicated taskforce to go after them. I hope that answers the hon. Member’s question. The hon. Member for Newton Abbot also raised the review of Ofcom’s approach. The regulator has already trialled an approach of targeting small but risky services through its regulation of video-sharing platforms. Indeed, a number of those services improved their policies and content moderation in response. All the adult platforms under the VSP regime, large and small, have implemented age verification through this route to ensure that under-18s cannot access pornography on their services. In instances where services fail to make necessary changes, they will face formal enforcement action from Ofcom. Ofcom has a proven track record and the Government have every faith in its ability to take action against non-compliant services. The hon. Member also raised issues around how Ofcom will enforce action against small but risky services. Ofcom will have robust enforcement powers available to use against companies that fail to fulfil their duties and it will be able to issue enforcement decisions. Action can include fines of up to £18 million or 10% of qualifying worldwide revenue in the relevant year, whichever is higher, and Ofcom can direct companies to take specific steps to comply with its regulation.

• 4 Feb 2025 · Draft Online Safety Act 2023 (Category 1, Category 2A and Category 2B Threshold Conditions) Regulations 2025 · Hansard source

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  I think the hon. Member missed it when I said that, as things stand, the Secretary of State does not have the power to include them. It is not about removing them; it is about not having the powers to include them, as things stand, at the moment. I will conclude. In extreme cases, Ofcom, with the agreement of the courts, uses business disruption measures, which are court orders that mean third parties have to withdraw non-compliant services, or restrict or block access to non-compliant services in the UK. The hon. Member for Newton Abbot also asked whether the Act will be reviewed to address the gaps in it. As I said at the start, our immediate focus is getting the Act implemented quickly and effectively. It was designed to tackle illegal content and protect children, and we want those protections in place as soon as possible. It is right that the Government continually assess the ability of the framework to keep us safe, especially given that technology develops so quickly. We will look, of course, at how effective these protections are and build on the Online Safety Act, based on evidence. However, our message to social media companies remains clear: there is no need to wait. As the Opposition spokesperson said, those companies can and should take immediate action to protect their users. On the use of business disruption measures, the Act provides Ofcom with powers to apply to court for such measures, as I have said, including where there is continued failure and non-compliance. We expect Ofcom to use all available enforcement mechanisms. The hon. Member for Huntingdon asked how Parliament can scrutinise the delivery of the legislation. Ongoing parliamentary scrutiny is absolutely crucial; indeed, the Online Safety Act requires Ofcom codes to be laid before Parliament for scrutiny. The Science, Innovation and Technology Committee and the Communications and Digital Committee of the House of Lords will play a vital role in scrutinising the regime. Ofcom’s codes of practice for illegal content duties were laid before Parliament in December. Subject to their passing without objection, we expect them to be in force by spring 2025, and the child safety codes are expected to be laid before Parliament in April, in order to be in effect by summer 2025. Under section 178 of the Act, the Secretary of State is required to review the effectiveness of its regulatory framework between two and five years after key provisions of the Act come into force. That will be published as a report and laid before Parliament. Letters were sent in advance of laying these regulations to the House of Lords Communications and Digital Committee and the House of Commons Science, Innovation and Technology Committee. Hon. Members have asked about user numbers. Ofcom recommended the threshold of 34 million or 7 million for category 1. Services must exceed the user number thresholds. The Government are not in a position to confirm who will be categorised. That will be the statutory role of Ofcom once the regulations have passed.

• 4 Feb 2025 · Draft Online Safety Act 2023 (Category 1, Category 2A and Category 2B Threshold Conditions) Regulations 2025 · Hansard source

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  I am going to make some progress. On livestreaming, Ofcom considered that functionality, but concluded that the key functionalities that spread content easily, quickly and widely are content recommender systems and forwarding or resharing user-generated content. Services accessed by children must still be safe by design, regardless of whether they are categorised. Small but risky services will also still be required to comply with illegal content duties. The hon. Member for Aberdeen North should be well aware of that as she raised concerns on that issue. On child safety, there were questions about how online safety protects children from harmful content. The Act requires all services in scope to proactively remove and prevent users from being exposed to priority illegal content, such as illegal suicide content and child sexual exploitation and abuse material. That is already within the remit. In addition, companies that are likely to be accessed by children will need to take steps to protect children from harmful content and behaviour on their services, including content that is legal but none the less presents a risk of harm to children. The Act designates content that promotes suicide or self-harm as in the category of primary priority content that is harmful to children. Parents and children will also be able to report pro-suicide or pro-self-harm content to the platform and the reporting mechanism will need to be easy to navigate for child users. On 8 May, Ofcom published its draft children’s safety codes of conduct, in which it proposed measures that companies should employ to protect children from suicide and self-harm content, as well as other content. Finally, on why category 1 is not based on risk, such as the risk of hate speech, when the Act was introduced, category 1 thresholds were due to be assessed on the level of risk of harm to adults from priority content disseminated by means of that service. As I said earlier, that was removed during the Act’s passage by the then Government and replaced with consideration of the likely functionalities and how easily, quickly and widely user-generated content is disseminated, which is a significant change. Although the Government understand that that approach has its critics, who argue that the risk of harm is the most significant factor, that is the position under the Act.

• 4 Feb 2025 · Draft Online Safety Act 2023 (Category 1, Category 2A and Category 2B Threshold Conditions) Regulations 2025 · Hansard source

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  I am going to proceed. I think I have covered the main points raised by hon. Members. I hope that the Committee agrees with me on the importance of enacting these thresholds and implementing the Online Safety Act as swiftly as possible. I made it clear that Ofcom has set up a taskforce that will review the small but risky sites, in response to the Secretary of State’s letter to it in September.

• 4 Feb 2025 · Draft Online Safety Act 2023 (Category 1, Category 2A and Category 2B Threshold Conditions) Regulations 2025 · Hansard source

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  I beg to move, That the Committee has considered the draft Online Safety Act 2023 (Category 1, Category 2A and Category 2B Threshold Conditions) Regulations 2025. Thank you for coming to save the day, Sir Christopher; it is an honour to serve under your chairmanship. These regulations were laid before Parliament on 16 December 2024. As the Online Safety Act 2023 sets out, the Secretary of State must set thresholds for three categories of service: category 1, category 2A and category 2B. The services that fall into each of those categories will be required to comply with additional duties, with category 1 services having the most duties placed on them. The duties are in addition to the core duties that apply to all user-to-user and search services in scope. The 2023 Act requires that specific factors must be taken into account by the Secretary of State when deciding thresholds for each category. The threshold conditions for user-to-user services must be set on user numbers and functionalities as well as any other characteristics or factors relating to the user-to-user part of the service that the Secretary of State deems relevant. For category 1, the key consideration is the likely impact of the number of users of the user-to-user part of the service and its functionalities, on how quickly, easily and widely regulated user-generated content is disseminated by means of the service. For category 2A, the key consideration is the likely impact of the number of users of the search engine on the level of risk of harm to individuals from search content that is illegal or harmful to children. For category 2B, the key consideration is the likely impact of the number of users of the user-to-user part of the service and its functionalities on the level of risk of harm to individuals from illegal content or content that is harmful to children disseminated by means of the service. Those conditions form the basis of Ofcom’s independent research and advice, as published in March 2024, which the Secretary of State was required to consider when setting threshold conditions. In laying these regulations before Parliament, the Secretary of State has considered the research carried out and the advice from Ofcom and agreed to its recommendations. I understand that this decision will not please everyone. In particular, I recognise that the thresholds are unlikely to capture so-called “small but risky services”, as per Baroness Morgan’s successful amendment, which made it possible to create a threshold condition by reference only to functionalities and any other factors or characteristics. However, it is important to note that all regulated user-to-user and search services, no matter their size, will be subject to existing illegal content duties and, where relevant, child safety duties. The categories do not change that fact. If the codes on illegal content duties currently laid before Parliament pass without objection, the duties will be in effect by this spring. They will force services to put in place systems and processes to tackle illegal content. If a service is likely to be accessed by children, the child safety duties will require services to conduct a child safety risk assessment and provide safety measures for child users. We expect that those will come into effect this summer, on the basis that the codes for the duties will have passed by then. Together, the illegal content and child safety duties will mark the biggest material change in online safety for UK citizens since the internet era began. We expect the Online Safety Act to cover more than 100,000 services of various sizes, showing that the legislation goes far and wide to ensure important protections for users, particularly children, online. The instrument before us will enable additional duties for categorised services. All categorised services must comply with transparency reporting duties. They must also have terms on the ability of parents to access information about children’s use of a service in the event of a child’s death. Category 1 services will have the most additional requirements. They will have to give adults more choice about the content they see and the people they interact with, and they must protect journalistic and news publisher content and content of democratic importance. The duties will also ensure that we can hold these companies to account over their terms of service, ensuring that they keep the promises they make to their users. Once in force, the regulations will enable Ofcom to establish a public register of categorised services, which it expects to publish this summer. Ofcom will then consult on the draft codes of practice and guidance where relevant for additional duties. Ofcom will also do additional work to tackle small but risky services. Ofcom’s work to tackle egregious content and enhance accountability does not stop with this instrument, which takes me back to the small but risky services that I mentioned. The horrifying stories I have heard about these sites during a number of debates recently are truly heartbreaking; we must do everything in our power to prevent vulnerable people from falling victim to such circumstances. I was pleased to see Ofcom set out in September 2024 its targeted approach to tackling small but risky services, which includes a dedicated supervision taskforce and a commitment to move to rapid enforcement action where necessary. That followed a letter from the Secretary of State to Ofcom inquiring about those services. I am confident that the regulatory framework, combined with the bespoke taskforce, will work to keep all UK citizens safe online, but I must stress that the Secretary of State will hold the thresholds under review going forward. If there is evidence that the categories have become outdated or that they inadequately protect users, he will not shy away from updating them or reviewing the legislation, as he has made clear recently. Finally, the online world that we are looking to govern is complex and ever-changing. The Act will not solve every problem, but it will bring real benefit to children and adults who have to contend with an unsafe online world for far too long. We should see the instruments we are debating as a step in that process and a first iteration, not as something fixed or set in stone, because there is much more to do. Our foremost priority is the timely implementation of the Act to enforce the additional duties as soon as possible. Years of delay and indecision have already come at a heartbreaking cost for vulnerable children and adults. Now it is time to deliver, but that relies on Parliament approving the categorisation thresholds without delay.

• 4 Feb 2025 · Draft Online Safety Act 2023 (Category 1, Category 2A and Category 2B Threshold Conditions) Regulations 2025 · Hansard source

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  I thank all Members for their very powerful contributions to the debate. This instrument will bring us one step closer to a safer online world for our citizens. It is clearer than ever that it is desperately needed: transparency, accountability and user empowerment matter now more than ever. The Opposition spokesperson, the hon. Member for Huntingdon, asked whether we agree on the need for companies not to wait for the duties in the Act to be implemented, but to ensure that safety is baked in from the start. I absolutely agree, and he will be aware that the Secretary of State has made that point on many occasions. He also raised the issue of proportionality. I confirm that many of the duties on categorised services are subject to the principle of proportionality, which requires Ofcom to consider measures that are technically feasible to providers of a certain size or capacity, and in some cases duties are based on the assessment of risk of harm presented by the service. For example, in determining what is proportionate for the user empowerment duties on content for category 1 services, the findings of the most recent user empowerment assessments are relevant. They include the incidence of relevant content on the service in addition to the size and capacity of the provider. Where a code of practice is relevant to a duty, Ofcom must have regard to the principles on proportionality, and what is proportionate for one kind of service might not be for another. The hon. Member for Huntingdon is absolutely right that the pornography review has been completed. The Government are reviewing that at the moment and will publish it in due course. In response to the hon. Members for Newton Abbot and for Aberdeen North (Kirsty Blackman) and to the right hon. and learned Member for Kenilworth and Southam (Sir Jeremy Wright), when the Online Safety Act was introduced, category 1 thresholds were due to be assessed based on the level of risk and harm for adults—as the Members read out very clearly. That was removed during the passage of the Bill by the previous Government. As things stand, although Baroness Morgan’s successful amendment made it possible for threshold conditions to be based solely on functionalities, it did not change the basis of Ofcom’s research, which for category 1 is easy, quick and wide dissemination of content. The Secretary of State had to consider that. I will repeat that for all Members to hear again: the Secretary of State has to act within the powers given to him in schedule 11 when setting out the threshold and conditions. The powers do not allow for thresholds to be determined by another body, as per the amendment. Although the hon. Member for Aberdeen North very powerfully read out the Act, it very clearly sets out that it does not actually do what she is asking for it to do. We absolutely agree that small but risky sites need to be covered, but as it stands, the Secretary of State does not have the powers to include them.

• 4 Feb 2025 · Draft Online Safety Act 2023 (Category 1, Category 2A and Category 2B Threshold Conditions) Regulations 2025 · Hansard source

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  The legislation allows the Secretary of State to deviate from Ofcom’s advice and to publish a statement explaining why. However, the core consideration for category 1 under schedule 11 is—I repeat for the third time—how easily, quickly and widely regulated user-generated content is disseminated by means of a service. As a result, for category 1, Ofcom concluded that the content is disseminated with increased breadth as the number of users increases. The decision to proceed with the threshold combination recommended by Ofcom, rather than discounting user-number thresholds, reflects that any threshold condition created by the Government should consider the factors as set out in the Act, including easy, quick and wide dissemination for category 1, and the evidence base. That is what the Act says. As a result, the Government decided to not proceed with an approach that deviated from Ofcom’s recommendation, particularly considering the risk of unintended consequences. I am more than happy to write to the hon. Member for Aberdeen North with the full details. I understand that she feels very passionately about this point, but the Act is the Act. Although I am grateful for her contribution, I have to follow what the Act says, based on the legal advice that I get.

• 4 Feb 2025 · Draft Online Safety Act 2023 (Category 1, Category 2A and Category 2B Threshold Conditions) Regulations 2025 · Hansard source

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  I will again set out what the Secretary of State’s powers are. The Government have considered the suggestion of Baroness Morgan and others to categorise small but risky based on the coroner or Ofcom linking a service to a death. The Government were grateful for that suggestion. However, there were issues with that approach, including with what the Act allows the Secretary of State to consider when setting the categories. The Secretary of State is not allowed to consider anything other than the factors set out in the Act, which says that it has to include easy, quick and wide dissemination for category 1, and has to be evidence based. I hope that the hon. Member for Aberdeen North will accept that I will write to her in great detail, and include a letter from Government lawyers setting out what I am saying in relation to the powers of the Secretary of State in setting the categories. I hope that she will be satisfied with that. I want to make it clear that we are not taking anything out; the Secretary of State is proceeding with the powers that he has been given.

• 13 Jan 2025 · Children’s Social Media Accounts · Hansard source

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  I will come to that point. On the issue of a ban on smartphones and social media for under-16s, we are focused on building the evidence base to inform any future action. We have launched a research project looking at the links between social media and children’s wellbeing. I heard from the hon. Member for Esher and Walton (Monica Harding) that that needs to come forward and I will pass that on to my colleagues in the Department. My hon. Friend the Member for Lowestoft (Jess Asato) mentioned the private Member’s Bill in the name of my hon. Friend the Member for Whitehaven and Workington (Josh MacAlister). We are aware of his Bill and share his commitment to keeping children safe online. We are aware of the ongoing discussion around children’s social media and smartphone use, and it is important that we allocate sufficient time to properly debate the issue. We are focused on implementing the Online Safety Act and building the evidence base to inform any future action. Of course, we look forward to seeing the detail of my hon. Friend’s proposal and the Government will set out their position on that in line with the parliamentary process. My hon. Friend the Member for Darlington (Lola McEvoy) raised the issue of Ofcom’s ambitions. Ofcom has said that its codes will be iterative, and the Secretary of State’s statement will outline clear objectives for it to require services to improve safety for their users. The hon. Member for Twickenham (Munira Wilson) and my hon. Friend the Member for Bournemouth West (Jessica Toale) mentioned engagement with children, and we know how important that is. Ofcom engaged with thousands of children when developing its codes, and the Children’s Commissioner is a statutory consultee on those codes, but of course we must do more. The hon. Member for Huntingdon (Ben Obese-Jecty) raised the matter of mental health services and our commitment in that regard. He is right that the Government’s manifesto commits to rolling out Young Futures hubs. That national network is expected to bring local services together to deliver support for not only teenagers at risk of being drawn into crime, but those facing mental health challenges, and, where appropriate, to deliver universal youth provision. As he rightly said, that is within the health portfolio, but I am happy to write to him with more detail on where the programme is. We want to empower parents to keep their children safe online. We must also protect children’s right to express themselves freely, and safeguard their dignity and autonomy online.

• 13 Jan 2025 · Children’s Social Media Accounts · Hansard source

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  I am more than happy to write to him in detail on why the age limit has been set at 13. As I said, there is currently a live discussion about raising the age and evidence is being collated. The challenge of keeping our children safe in a fast-moving world is one that we all—Government, social media platforms, parents and society at large—share. As we try to find the solutions, we are committed to working together and continuing conversations around access to data in the event of the tragic death of a child. I will finish by again thanking Ellen for her tireless campaigning. I also thank all the speakers for their thoughtful contributions. I know that Ellen has waited a long time for change and we still have a long way to go. Working with Ellen, the Bereaved Families for Online Safety group, other parents and civil society organisations, we will build a better online world for our children.