My Lords, we are now in the final stages of the process, and we have laid the BBFC’s draft guidance and the Online Pornography (Commercial Basis) Regulations before Parliament for approval. We will ensure that there is a sufficient period following parliamentary approval for the public and the industry to prepare for age verification. Once parliamentary proceedings have concluded, we will set a date by which commercial pornography websites will need to be compliant, following an implementation window. We expect that this date will be early in the new year.
I thank the Minister for his Answer. I cannot wait for that date to happen, but does he share my disgust and horror that social media companies such as Twitter state that their minimum age for membership is 13 yet make no attempt to restrict some of the most gross forms of pornography being exchanged via their platforms? Unfortunately, the Digital Economy Act does not affect these companies because they are not predominantly commercial porn publishers. Does he agree that the BBFC needs to develop mechanisms to evaluate the effectiveness of the legislation for restricting children’s access to pornography via social media sites and put a stop to this unacceptable behaviour?
My Lords, I agree that there are areas of concern on social media sites. As the noble Baroness rightly says, they are not covered by the Digital Economy Act. We had many hours of discussion about that in this House. However, she will be aware that we are producing an online harms White Paper in the winter in which some of these issues will be considered. If necessary, legislation will be brought forward to address these, and not only these but other harms too. I agree that the BBFC should find out about the effectiveness of the limited amount that age verification can do; it will commission research on that. Also, the Digital Economy Act itself made sure that the Secretary of State must review its effectiveness within 12 to 18 months.
My Lords, once again I find this issue raising a dynamic that we became familiar with in the only too recent past. The Government are to be congratulated on getting the Act on to the statute book and, indeed, on taking measures to identify a regulator as well as to indicate that secondary legislation will be brought forward to implement a number of the provisions of the Act. My worry is that, under one section of the Digital Economy Act, financial penalties can be imposed on those who infringe this need; the Government seem to have decided not to bring that provision into force at this time. I believe I can anticipate the Minister’s answer but—in view of the little drama we had last week over fixed-odds betting machines—we would not want the Government, having won our applause in this way, to slip back into putting things off or modifying things away from the position that we had all agreed we wanted.
My Lords, I completely understand where the noble Lord is coming from but what he said is not quite right. The Digital Economy Act included a power that the Government could bring enforcement with financial penalties through a regulator. However, they decided—and this House decided—not to use that for the time being. For the moment, the regulator will act in a different way. But later on, if necessary, the Secretary of State could exercise that power. On timing and FOBTs, we thought carefully—as noble Lords can imagine—before we said that we expect the date will be early in the new year,
The noble Lord is of course right that age verification itself is not the only answer. It does not cover every possibility of getting on to a pornography site. However, it is the first attempt of its kind in the world, which is why not only we but many other countries are looking at it. I agree that sex education in schools is very important and I believe it is being brought into the national curriculum already.
Why is there so much wriggle room in section 6 of the guidance from the DCMS to the AV regulator? The ISP blocking probably will not work, because everyone will just get out of it. If we bring this into disrepute then the good guys, who would like to comply, probably will not; they will not be able to do so economically. All that was covered in British Standard PAS 1296, which was developed over three years. It seems to have been totally ignored by the DCMS. You have spent an awful lot of time getting there, but you have not got there.
One of the reasons this has taken so long is that it is complicated. We in the DCMS, and many others, not least in this House, have spent a long time discussing the best way of achieving this. I am not immediately familiar with exactly what section 6 says, but when the statutory instrument comes before this House—it is an affirmative one to be discussed—I will have the answer ready for the noble Earl.
In some ways it would, but there are problems with people who either do not want to or cannot have biometric cards.