Contribution
My Lords, I rise to speak to the two amendments in my name, which are both amendments to Amendment 94A in the name of the noble Lord, Lord Nash. These are necessary if this House is to respond to the online harms that children face in a way that is effective, proportionate and grounded in evidence.
To be clear from the outset, I share the concerns across this House about the real harms that children face online. These range from exposure to age-inappropriate and damaging content to the disturbing prevalence of grooming and exploitation. Parents are right to be worried and Parliament is right to intervene. However, as the NSPCC made clear in its briefing to us, a complex safeguarding problem demands a risk-based response, not a blunt one-age ban.
My Amendment 94B would introduce a mechanism for limited and tightly controlled exemptions to a blanket minimum age requirement. Crucially, such exemptions could exist only where they demonstrably improved child safety, not where they weakened it. Any exemption would be jointly specified by Ofcom and the Children’s Commissioner. That joint responsibility is deliberate and important. It would ensure that decisions were made independently of commercial interests and rooted firmly in regulatory expertise and the statutory duty to act in the best interests of children.
The amendment sets out a high evidential bar for platforms. Providers would have to show compliance with Ofcom’s risk-based guidance on minimum age, have full regard for UK GDPR principles and give explicit consideration to children’s rights as recognised by the UN Convention on the Rights of a Child. They would also be required to assess impacts on children’s mental health, examine whether their platform’s design or features encouraged addictive or compulsive use, and scrutinise the role of algorithms in content recommendations and targeted advertising for any products or services, including, for example, gambling content marketing. Importantly, any exemptions would be subject to periodic reviews, with powers for amendment or revocation if Ofcom and the Children’s Commissioner were no longer satisfied that adequate protections were in place. This would place a burden squarely on the platforms to prove safety on an ongoing basis, rather than leaving children exposed to unmanaged risk.
The NSPCC, the 5Rights Foundation, the Molly Rose Foundation and 39 children’s rights and online safety organisations have warned us this week that
“blanket bans on social media would fail to deliver the improvement in children’s safety and wellbeing that they so urgently need”.
We already know that age limits are not meaningfully enforced, and these organisations are well respected up and down this country. The NSPCC estimates that, in the UK, more than 2.5 million children under the age of 13 are currently accessing social media. Raising the minimum age to 16 does not solve that problem. Indeed, it risks pushing children into less regulated and higher-risk spaces, including encrypted platforms, anonymous forums and unsafe gaming environments. Children who bypass age checks are likely to register as adults, placing them in an environment with weaker safeguards and a higher exposure to harm. There is also a real risk of unintended consequences. Safe, age-appropriate use of social media such as family group chats, peer support networks and access to services like Childline could be lost, particularly for vulnerable children. Bans may also deter children from reporting harm for fear of being punished for being online at all.
Briefly, Amendment 94C would ensure that the definition of “regulated user-to-user services” was aligned with the Online Safety Act 2023. This House invested significant effort in establishing a risk-based regulatory framework under the Act, and it is essential that this Bill operates coherently within it.
These amendments would not dilute child protection but strengthen it. They would move us away from a blunt, one-size-fits-all ban towards a proportionate, evidence-based approach that respected children’s rights, held platforms accountable and generally reduced harm. The public out there have sent a clear message that they want us to act. It is now up to us in your Lordships’ House and down the Corridor in the other place to act on this. We need to heed the warnings of these respected organisations that have written to us all and to say, “We hear you that there is a need for a ban, but we think we can look at a much more sophisticated model than just a simple, one age limit ban”.