Member

239A: After Clause 76, insert the following new Clause— “Action to forestall the sexual exploitation of children by combating CSAM(1) Within 12 months of the passing of this Act the Secretary of State must, for the purpose of forestalling the sexual exploitation of children, make and bring into force regulations which require manufacturers, importers and distributors of relevant devices to satisfy the CSAM requirement specified in subsection (2).(2) The ‘CSAM requirement’ is that any relevant device supplied for use in the UK must have installed tamper-proof system software which is highly effective at preventing the recording, transmitting (by any means, including livestreaming) and viewing of CSAM using that device.(3) The duties of manufacturers, importers and distributors to comply with the CSAM requirement specified by regulations under subsection (1) must be subject to enforcement as if the CSAM requirement was a security requirement for the purposes of Part 1 of the Product Security and Telecommunications Infrastructure Act 2022.(4) Regulations under subsection (1) must—(a) enable the Secretary of State, by further regulations, to expand the definition of ‘relevant devices’ to include other categories of device which may be used to record, transmit or view CSAM, and (b) protect the privacy of the users of relevant devices through making provision to ensure that software of the kind required by subsection (2) does not, and cannot be used to, collect, retain, copy or transmit any data outside of the relevant device on which it is operating, or determine by any means the identity of the user of the relevant device on which it is operating.(5) A statutory instrument containing regulations under subsection (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.(6) For the purposes of this section—“CSAM” means images, video recordings or live videos involving child sexual abuse, including—(a) any indecent photograph or pseudo-photograph of a child within the meaning of the Protection of Children Act 1978, and(b) any prohibited image of a child, within the meaning of section 62 of the Coroners and Justice Act 2009, that is not an excluded image within the meaning of section 63 of that Act;“relevant devices” are smartphones or tablet computers which are either internet-connectable products or network-connectable products for the purposes of section 5 of the Product Security and Telecommunications Infrastructure Act 2022;“manufacturer”, “importer”, “distributor” and “supply” is each as defined in the Product Security and Telecommunications Infrastructure Act 2022.”Member's explanatory statement This new clause would require the Secretary of State to take action to forestall the sexual exploitation of children by mandating the installation of software which prevents the creation, viewing and sharing of child sexual abuse material on smartphones, tablets, and subsequently other devices, which are supplied for use in the UK.