Moved by
Lord Parkinson of Whitley Bay
272A: After Clause 147, insert the following new Clause—
“OFCOM’s report about use of app stores by children
(1) OFCOM must produce a report about the use of app stores by children.
(2) In particular, the report must—
(a) assess what role app stores play in children encountering content that is harmful to children, search content that is harmful to children or regulated provider pornographic content by means of regulated apps which the app stores make available,
(b) assess the extent to which age assurance is currently used by providers of app stores, and how effective it is, and
(c) explore whether children’s online safety would be better protected by the greater use of age assurance or particular kinds of age assurance by such providers, or by other measures.
(3) OFCOM must publish the report during the period beginning two years, and ending three years, after the day on which sections 11 and 25 come into force (or if those sections come into force on different days, the later of those days).
(4) For further provision about the report under this section, see section 149.
(5) In this section—
“app” includes an app for use on any kind of device, and “app store” is to be read accordingly;
“content that is harmful to children” has the same meaning as in Part 3 (see section 54);
“regulated app” means an app for a regulated service;
“regulated provider pornographic content” has the same meaning as in Part 5 (see section 70);
“search content” has the same meaning as in Part 3 (see section 51).
(6) In this section references to children are to children in the United Kingdom.”
Member’s explanatory statement
This amendment requires OFCOM to produce a report about the use of app stores by children, including consideration of whether children would be better protected by greater use of age assurance.
272AA: After Clause 147, insert the following new Clause—
“OFCOM’s report about reporting and complaints procedures
(1) OFCOM must produce a report assessing the measures taken or in use by providers of Part 3 services to enable users and others to—
(a) report particular kinds of content present on such services, and
(b) make complaints to providers of such services.
(2) OFCOM’s report must take into account the experiences of users and others in reporting content and making complaints to providers of Part 3 services, including—
(a) how clear the procedures are for reporting content and making complaints,
(b) how easy it is to do those things, and
(c) whether providers are taking appropriate and timely action in response to reports and complaints that are made.
(3) The report must include advice from OFCOM about whether they consider that the Secretary of State should make regulations under section (Power to impose duty about alternative dispute resolution procedure)(duty about alternative dispute resolution procedure).
(4) In the report, OFCOM may make recommendations that they consider would improve the experiences of users and others in reporting content or making complaints to providers of Part 3 services, or would deliver better outcomes in relation to reports or complaints that are made.
(5) In preparing the report under this section, OFCOM must consult—
(a) the Secretary of State,
(b) persons who appear to OFCOM to represent the interests of United Kingdom users of Part 3 services,
(c) persons who appear to OFCOM to represent the interests of children (generally or with particular reference to online safety matters),
(d) the Information Commissioner, and
(e) such other persons as OFCOM consider appropriate.
(6) The report may draw on OFCOM’s research under section 14 of the Communications Act (see subsection (6B) of that section).
(7) The report is not required to address any matters which are the subject of a report by OFCOM under section 146 (report about the availability and treatment of news publisher content and journalistic content).
(8) OFCOM must publish the report within the period of two years beginning with the day on which this section comes into force.
(9) OFCOM must send a copy of the report to the Secretary of State, and the Secretary of State must lay it before Parliament.
(10) The Secretary of State must publish a statement responding to the report within the period of three months beginning with the day on which the report is published, and the statement must include a response to OFCOM’s advice about whether to make regulations under section (Power to impose duty about alternative dispute resolution procedure).
(11) The statement must be published in such manner as the Secretary of State considers appropriate for bringing it to the attention of persons who may be affected by it.
(12) For further provision about the report under this section, see section 149.
(13) References in this section to “users and others” are to United Kingdom users and individuals in the United Kingdom.”
Member’s explanatory statement
This amendment requires OFCOM to produce a report about the content reporting and complaints procedures used by providers of Part 3 services, including user experiences of those procedures. OFCOM must specifically advise whether they consider that regulations ought to be made under the new Clause proposed to be inserted in my name after Clause 194 (duty about alternative dispute resolution procedure).