Moved by
Lord Parkinson of Whitley Bay
237: After Clause 195, insert the following new Clause—
“Powers to amend sections (“Primary priority content that is harmful to children”) and (“Priority content that is harmful to children”)
(1) The Secretary of State may by regulations amend—
(a) section (“Primary priority content that is harmful to children”) (primary priority content that is harmful to children);
(b) section (“Priority content that is harmful to children”) (priority content that is harmful to children).
But the power to add a kind of content is limited by subsections (2) to (4).
(2) A kind of content may be added to section (“Primary priority content that is harmful to children”) only if the Secretary of State considers that, in relation to Part 3 services—
(a) there is a material risk of significant harm to an appreciable number of children presented by content of that kind that is regulated user- generated content or search content, and
(b) it is appropriate for the duties set out in sections 11(3)(a) and 25(3)(a) (duty in relation to children of all ages) to apply in relation to content of that kind.
(3) A kind of content may be added to section (“Priority content that is harmful to children”) only if the Secretary of State considers that, in relation to Part 3 services, there is a material risk of significant harm to an appreciable number of children presented by content of that kind that is regulated user-generated content or search content.
(4) A kind of content may not be added to section (“Primary priority content that is harmful to children”) or (“Priority content that is harmful to children”) if the risk of harm presented by content of that kind flows from—
(a) the content’s potential financial impact,
(b) the safety or quality of goods featured in the content, or
(c) the way in which a service featured in the content may be performed (for example, in the case of the performance of a service by a person not qualified to perform it).
(5) The Secretary of State must consult OFCOM before making regulations under this section.
(6) In this section references to children are to children in the United Kingdom.
(7) In this section—
“regulated user-generated content” has the same meaning as in Part 3 (see section 49);
“search content” has the same meaning as in Part 3 (see section 51).”
Member’s explanatory statement
This amendment gives power for the Secretary of State to make regulations changing the kinds of content that count as primary priority content and priority content harmful to children, subject to certain constraints set out in the Clause.