Member

108: After Clause 27, insert the following new Clause— “Action to promote the wellbeing of children in relation to harms-based access to social mediaIn section 11 of the Online Safety Act 2023 (children’s risk assessment duties), after subsection (6) insert—“(6A) Providers of regulated user-to-user services that are likely to be accessed by children, including such services as are designated by OFCOM as social media services for the purposes of this section, must submit as part of the children’s risk assessment a proposed minimum age of access to their service.(6B) The default and expected minimum age for access to a social media platform shall be 16 years.(6C) OFCOM must publish guidance defining the types of service to be treated as social media services for the purposes of subsection (6A).(6D) Providers of regulated user-to-user services that are likely to be accessed by children and social media services designated for the purposes of this section must keep the proposed minimum age of access under review and must re-evaluate it—(a) at such regular intervals as may be specified by OFCOM; and(b) where there is any substantial change to the service’s design, functionality, algorithms, business practices, or risk profile. (6E) Where the minimum age of access is set at 16 or below, providers must use a form of age assurance that is highly effective at correctly determining whether or not a particular user is of age to use the service.(6F) A provider may propose a minimum age of access above or below 16 where it—(a) can offer sufficient evidence that it meets Ofcom’s guidance concerning appropriate, risk-based minimum ages;(b) has due regard to relevant standards and principles of the UK General Data Protection Regulation;(c) has particular regard to the importance of protecting the rights and best interests of children, as recognised by the United Nations Convention on the Rights of the Child;(d) has considered the potential impact of the service on the mental health and psychological wellbeing of children;(e) has investigated the extent to which the service’s design, functionalities, or features may encourage addictive or compulsive use; and(f) has considered and reviewed the use of algorithms for content recommendation, amplification, or targeted advertising.(6G) In assessing a proposed minimum age under this section, Ofcom must have regard to—(a) the children’s risk assessment submitted by the provider;(b) Ofcom’s existing risk and harms framework under this Act;(c) the potential impact of the service on the mental health and psychological wellbeing of children;(d) the extent to which the service’s design, functionalities, or features may encourage addictive or compulsive use; and(e) the use of algorithms for content recommendation, amplification, or targeted advertising.(6H) Ofcom must produce guidance setting out—(a) the evidential requirements for children’s risk assessments relating to minimum age determinations;(b) the criteria by which Ofcom will assess whether a service’s minimum age is appropriate; and(c) the intervals at which minimum age assessments must be reviewed.(6I) Where Ofcom determines, having regard to the matters in subsection (6G), that a proposed minimum age is insufficient to protect children from harm, it may require the provider to apply a higher minimum age of access, provided that the minimum age does not exceed 18 years.(6J) Ofcom will take enforcement action in relation to this section where—(a) the provider has failed to submit a suitable or sufficiently up-to-date children’s risk assessment;(b) the evidence submitted does not sufficiently justify the provider’s proposed minimum age;(c) the provider has failed to comply with a requirement imposed by OFCOM under subsection (6I); or(d) the provider has failed to introduce age assurance that is highly effective at correctly determining whether or not a particular user is of age to use the service.(6K) Where Ofcom considers that a failure to comply with a requirement under subsection (6I) presents an urgent and significant risk of harm to children, it may apply directly for a business disruption order under this Act.”” Member's explanatory statement This amendment would take a harms-based approach to user-to-user regulation, meaning that children’s access to platforms would be based on the level of risk of harm attached to said platform.