Lord Parkinson of Whitley Bay:

Moved by Lord Parkinson of Whitley Bay

205: Clause 70, page 66, line 42, leave out subsection (2)Member’s explanatory statement This amendment is consequential on the amendment to Clause 211 in my name adding a definition of “pornographic content” to that Clause.

206: Clause 70, page 67, leave out lines 4 to 6 and insert “, including pornographic content published or displayed on the service by means of—(a) software or an automated tool or algorithm applied by the provider or by a person acting on behalf of the provider, or(b) an automated tool or algorithm made available on the service by the provider or by a person acting on behalf of the provider.”Member’s explanatory statementThis amendment is about what counts as “provider pornographic content” for the purposes of Part 5 of the Bill. Words are added to expressly cover the case where an automated tool or algorithm is made available on the service by a provider, such as a generative AI bot.

207: Clause 70, page 67, line 8, leave out from “than” to end of line 10 and insert “content within subsection (4A) or (4B).”Member’s explanatory statementThis amendment is related to the next amendment in my name which inserts new subsection (4A) into Clause 70. The change is to the scope of what it means for content to consist only of text.

208: Clause 70, page 67, line 10, at end insert—“(4A) Content is within this subsection if it—(a) consists only of text, or(b) consists only of text accompanied by—(i) a GIF which is not itself pornographic content,(ii) an emoji or other symbol, or(iii) a combination of content mentioned in sub-paragraphs (i) and (ii).(4B) Content is within this subsection if it consists of a paid-for advertisement (see section 211).”Member’s explanatory statementThis amendment clarifies the scope of the exemption from the Part 5 duties for content which consists only of text. Such content does not count as regulated provider pornographic content.

209: Clause 70, page 67, line 20, at end insert “and(iii) references to pornographic content that is generated on the service by means of an automated tool or algorithm in response to a prompt by a user and is only visible or audible to that user (no matter for how short a time);”Member’s explanatory statementThis amendment makes it clear that, for the purposes of Part 5 (provider pornography), content is within scope of the duties if it is AI-generated content.

Amendments 205 to 209 agreed.

Clause 72: Duties about regulated provider pornographic content