On 9th June 2020, the Minister of State for Digital and Culture, Caroline Dinenage MP, appeared before the DCMS Select Committee to answer questions from MPs on online harms.
The four key take-home points were as follows:
- Content and structure on the proposed online harm legislation: Caroline Dinenage MP was questioned on how illegal harms, and legal but harmful online activity, were to be distinguished and monitored through the new online harms legislation.
Caroline Dinenage MP noted that the legislation will only explicitly set out illegal online content, such as child abuse and terrorism. These online harms are illegal and therefore the rules and regulation of them will be laid out explicitly in legislation.
Conversely, online harms that are technically legal but still cause harm, will not be explicitly referenced in the online harms legislation. Caroline Dinenage MP noted that this will be the case to ensure that the legislation remains flexible to address emerging harms. It will be the responsibility of online service providers to conduct their own risk assessment of the online harms that could be prevalent and to publish a duty of care for users. In previous sessions, Caroline Dinenage MP has noted that the legislation will likely come with codes of practice which will provide further details on what is required here.
The risk assessments, duty of care procedures and action to mitigate online harms taken by individual businesses will be regulated, most likely by Ofcom. Ofcom will be able to reprimand businesses neglecting their duty of care.
- Timeline: Caroline Dinenage MP was questioned on the timeline of the online harms legislation, particularly following the Government’s announcement of a consultation on loot boxes beginning this summer. Caroline Dinenage MP responded that the department were hoping to collate consultation submissions and respond to this by the Autumn of 2020. It will then be necessary to secure a parliamentary slot to begin legislating accordingly.
Members of the Select Committee raised their concerns that time is running out for the legislation to be passed in this parliamentary session and for it to be subject to sufficient pre-legislative scrutiny.
- Consulting on loot boxes: Julian Knight MP, the Chair of the DCMS Select Committee, questioned Caroline Dinenage MP on the need for a consultation on loot boxes at this stage. Caroline Dinenage stressed that although the Government are concerned about the application of loot boxes in games, they need for a robust set of evidence to justify any action taken in this area. She also agreed that this robust evidence is necessary in the event of judicial review on the issue.
- Age ratings: Julian Knight also questioned Caroline Dinenage MP on age ratings and whether further action is expected to be taken in this area. The Minister responded that the department fully support the PEGI age rating system and are encouraging all businesses to adopt these. She has not ruled out legislative action on this if government encouragement is not enough to see this happen.
The full Committee session can be watched here.