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Online Safety Bill - Sitting 17

28 June 2022

Proposing MP
Pontypridd
Type
Public Bill Committee

At a Glance

Issue Summary

Alex Davies-Jones is addressing the need for stronger protections for performers and creatives against the harms caused by synthetic media content, particularly deepfakes. Alex Davies-Jones discusses concerns about clause 15 and deepfakes of politicians, particularly regarding timely removal of harmful content. The statement discusses the Online Safety Bill's approach to categorizing services based on risk of harm to children and adults, with a focus on new clause 27 which aims to give Ofcom more flexibility in imposing duties on companies. The statement addresses the need for user empowerment features designed specifically for child users in the Online Safety Bill. Kirsty Blackman is moving a new clause to require social media platforms to ensure that user empowerment features, content reporting systems, and complaints procedures are accessible and understandable for adult users with learning disabilities. The statement addresses the accessibility requirements in the Online Safety Bill and how they relate to people with learning disabilities. The speaker proposes a new clause for establishing a Digital Regulation Committee to review and monitor the Online Safety Act's effectiveness. The speaker supports a new clause for increased scrutiny and transparency of the Online Safety Bill. Alex Davies-Jones is discussing the Online Safety Bill and its implications for adult risk assessments on internet services. The statement discusses the need for stronger regulation of the online pornography industry to prevent harm and illegal content. MP Barbara Keeley discusses new clauses aimed at strengthening duties on pornographic content providers to protect adults and children from harmful material. Alex Davies-Jones is moving a new clause to give Ofcom the power to co-operate with other UK regulators for tackling illegal content and criminal investigations. The MP is concluding remarks about the Online Safety Bill, expressing gratitude towards various stakeholders and thanking colleagues for their work. Alex Davies-Jones is withdrawing a motion related to new clause 41 and is satisfied with the Minister's assurance that the provisions are covered in the Bill. The statement outlines a new Schedule that requires Ofcom to recover their initial costs related to preparations for regulating online safety services. The statement discusses the proceedings of the Public Bill Committee for the Online Safety Bill, including the tabling of new schedule 1 and the conclusion of committee work.

Action Requested

The MP requests that the Government introduce a new legal protection for performers to prevent their performances from being reproduced without consent and considers the implementation of image rights to safeguard privacy and artistic integrity. She also proposes her new clause requiring a report on the harms caused by synthetic media content within six months of the Act's passage.

Key Facts

  • The Intellectual Property Office recognises AI's role in artistic creativity but lacks specific questions about performers' rights.
  • Dr Mathilde Pavis highlights that AI-made performance synthetisation falls outside current UK copyright protections, leaving performers vulnerable to abuse and exploitation.
  • 93% of Equity members support the introduction of new legal protection for performers against AI reproduction without consent.
  • Clause 15 addresses content of democratic importance and its implications for deepfakes.
  • The motion is withdrawn after discussion and reassurance from the Minister.
  • New Clause 27 aims to give Ofcom power to impose duties on regulated services that pose a very high risk of harm, equivalent to children’s safety standards.
  • All companies have duties to address illegal content affecting children regardless of their size.
  • Clause 31(3) sets out two tests for the child user condition: significant number of children using the service or likelihood of attracting child users.
  • New clause 27 would allow Ofcom to impose additional duties even when there are no child users on a service.
  • The new clause aims to address an asymmetry in the Bill regarding user empowerment features for child users.
  • Platforms like Roblox, Fortnite, and Minecraft have significant numbers of child users (e.g., Roblox is about 70% children).
  • The current provisions in the Bill protect children from harmful content through strong risk assessment duties.
  • The new clause applies to user empowerment features provided under section 14.
  • It includes content reporting systems or processes under sections 17 or 27.
  • It covers complaints procedure under sections 18 or 28.
  • Mencap raised the issue of accessibility for people with learning disabilities.
  • Clauses 14(4), 17(2), and 18(2)(c) of the Bill ensure accessibility for all users, including those with learning disabilities.
  • Ofcom is subject to the public sector equality duty under the Equality Act 2010.
  • The clauses make it clear that adults can assist other adults in reporting content or making complaints.
  • The proposed committee would consist of twelve members from both Houses of Parliament.
  • It is designed to review codes of practice produced by OFCOM and monitor other relevant matters related to the Act's functioning.
  • The Secretary of State must respond within three months to any recommendations made by the committee.
  • The Joint Committee made 66 changes to the draft legislation.
  • Clause 149 provides for a statutory review not before two years and not after five years of Royal Assent.
  • The only current House Committee established by statute is the Intelligence and Security Committee under the Intelligence Services Act 1994.
  • The discussion centres around New Clause 38 which aims to apply adults' risk assessment duties to pornographic sites.
  • The clause details duties for internet service providers regarding keeping adult risk assessments up-to-date and conducting further assessments before significant changes are made.
  • There is a reference to the need for flexibility in legislation to accommodate future technological developments.
  • Big porn is recognized as a driver of image-based sexual abuse and child sexual abuse material.
  • Over two decades, the porn industry has shown itself not to be trustworthy about regulating itself.
  • The report by CEASE details harrowing harms proliferated by porn companies.
  • MindGeek dominates the market but remains anonymous in leadership roles.
  • New clause 38 seeks to identify pornography websites as providers of category 1 services and introduce a relevant code of practice with a specific regulator.
  • New clauses 38 to 40 aim to align duties on user-to-user sites with published pornography sites.
  • Charities have concerns about current definitions of 'pornographic content'.
  • New clause 39 introduces a duty for services to summarise findings from adult risk assessments in their terms of service.
  • New clause 40 includes measures like verifying content providers and reviewing all uploaded content to prevent illegal uploads.
  • The new clause would allow Ofcom to co-operate with recognised self-regulatory bodies in the United Kingdom.
  • OFCOM can disclose online safety information for tackling illegal content or criminal investigations.
  • The Bill is silent on cooperation with UK regulators apart from limited references.
  • Thanks are extended to Committee Chairs Ms Rees and Sir Roger Gale.
  • Appreciation is expressed for the Clerks, Hansard reporters, and Department for Digital, Culture, Media and Sport civil servants.
  • The Bill's complexity is noted, with it running to 194 clauses and 15 schedules across 213 pages.
  • Alex Davies-Jones is content with the Minister’s assurance about new clause 41.
  • The motion related to new clause 41 is withdrawn.
  • OFCOM incurs costs before clause 75 comes into force.
  • These costs are for preparing to regulate online safety services under the Bill.
  • Additional fees will be charged over specified charging years as per regulations.
  • New schedule 1 was tabled by Carla Lockhart.
  • No member wished to move new schedule 1.
  • The Committee has concluded its work and the Bill will now be reported.
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