Sir John Whittingdale
MP for Maldon · Conservative · United Kingdom
“I strongly welcome the Secretary of State’s confirmation of our continuing support for Ukraine. He has set out the sustained threat from Russia facing not just Ukraine, but this country and the whole of Europe, yet for too many people, it is still business as usual.”
“That is perhaps even more relevant to the second prong of the Government’s proposals, which is about social media. I will come to that point, but before I finish talking about local media, I want to mention that another of the Government’s flagship policies is devolution.”
“The hon. Member is completely right that this issue must be addressed before we proceed. There is also the question of cost, raised by my right hon. Friend the Member for Wetherby and Easingwold (Sir Alec Shelbrooke). There are people who probably do have access to broadband, if they choose to pay for it, but they cannot afford to do so.”
“I was the Minister responsible for the passage of the Media Act 2024, during the previous Parliament. It is a great delight to see some familiar faces with whom I have worked with in the past on the officials’ Bench.”
“Member for Hazel Grove (Lisa Smart) that young people are turning more and more to social media, but I do not think that this policy is the answer, because it looks to me like a very dangerous extension of Government interference in the freedom of the press and the right to free speech.”
“My right hon. Friend asks a perfectly valid question, and I want to acknowledge that there are concerns. We had a debate in Westminster Hall not that long ago, and a number of my colleagues—particularly from Scotland—turned up to express concern about the fact that the quality of reception via broadband in their constituencies is very poo…”
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“Friends the Members for Heywood and Middleton (Chris Clarkson), for Gloucester (Richard Graham) and for North Norfolk (Duncan Baker) for recognising the strength of that commitment, and, indeed, my hon. Friend the Member for Warrington South (Andy Carter), who pointed out that, on top of the £1.57 billion, we have the £500 million film and TV production restart scheme. And of course the Government recognise the need to continue that support until these institutions can reopen once again. I cannot give details of what my right hon. Friend the Chancellor the Exchequer will announce tomorrow, although there have already been some indications that he will be giving further support to the cultural sector. As I have said, the sector has benefited and should continue to do so, and I can tell my hon.”
“In doing so, we are looking at the pilots that were conducted last year to consider the effectiveness of various measures to reduce the transmission risk in larger venues, including testing. Officials from my Department and from the Department of Health and Social Care are working closely to combine the existing workstreams into one overall research programme, and that programme will start with events such as Project Encore, which will hopefully set out the road map for when those larger events, which are perhaps the most challenging, can start again. A number of my hon. Friends have recognised the huge commitment that the Government have made to the cultural sector through the £1.57 billion cultural recovery fund. I would like to thank my hon.”
“We all know the huge disappointment and, indeed, cost to many who had planned to reopen. An example was Bill Kenwright’s “Love Letters”, which was due to reopen at the beginning of December but, just a few days later, London was put back into tier 3 status and it was unable to go ahead. So we need to be relatively confident about those dates. Several hon. Members mentioned the work that the Department is doing, particularly to explore how large events can return, preferably without social distancing and restrictive capacity caps. I want to assure my hon. Friend the Member for Loughborough (Jane Hunt), my right hon. Friend the Member for Chipping Barnet and my hon. Friend the Member for Wimbledon that we have established the events research programme to look at how those large events can resume.”
“Of course I understand that people would rather this happened sooner, but I can say to my hon. Friend the Member for Bracknell that grassroots sport, including golf, will be able to resume from 29 March. The reason that we have been able to offer that assurance has been the success of the vaccination programme, as my hon. Friends the Members for Blackpool South (Scott Benton) and for Dudley North (Marco Longhi) pointed out, and I pay tribute to all those who have worked so hard to roll it out and continue to do so—including, indeed, my hon. Friend the Member for Dudley North, who told us that he was a volunteer in his local vaccination centre. The worst thing that could happen to our cultural institutions would be for us to give them a date on which they could reopen and then have to reverse it again.”
“One of my regrets is that I was appointed to this job just three weeks before lockdown started, and I wish for the day when I can go out and visit some of the places that have been mentioned, including the opera house in Buxton, the railways of Darlington, the zoo in Dudley, the castle in Dover and even Funny Girls in Blackpool. The best support that we can give to all these cultural institutions is an assurance that the time when they can reopen is coming. That is why the road map is so critical, as my hon. Friends the Members for Gravesham (Adam Holloway) and for Bracknell (James Sunderland) pointed out. We now have a clear plan, which is irreversible. We have a certainty that we can give as to when these institutions can start to operate again.”
“Friend the Member for Keighley (Robbie Moore) to look up Deco and their mash-ups as soon as I am able to do so again. A number of Members have spoken with great power about the cultural institutions in their own constituencies. We are, of course, familiar with west end theatre, which is famous throughout the world, but there are other theatres in London, including the Theatre Royal Stratford East, mentioned by the right hon. Member for Barking (Dame Margaret Hodge), and the New Wimbledon Theatre, mentioned by my hon. Friend the Member for Wimbledon (Stephen Hammond). However, as my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) said, it is not just about London. We should recognise that the cultural institutions of our country are strong right across all our nations.”
“Although many have been unable to operate over the past year, I pay tribute to those who have sought to fill the gap, in particular the broadcasters who have done a fantastic job in keeping us entertained and keeping up the morale of the nation. However, it is not the same as being able to enjoy at first hand the cultural interactions that bring so much value to our lives. I think we all yearn to be able to walk through a museum again, to sit and watch a play or, in my case particularly, to go to the cinema and to enjoy live music. As the hon. Members for Cardiff West (Kevin Brennan) and for Perth and North Perthshire (Pete Wishart) said, live music brings an enjoyment that all of us feel is absent from our lives. I have taken particular note of the recommendation from my hon.”
“The passion shown today is a demonstration of how important culture and entertainment are not just to our economy and our heritage, but to our wellbeing as a nation. A number of speakers emphasised that by pointing out the economic contribution that the creative industries make, in particular my hon. Friends the Members for Clacton (Giles Watling), for High Peak (Robert Largan), for Bury North (James Daly) and for Bolton West (Chris Green), and my right hon. Friend the Member for Chipping Barnet (Theresa Villiers). They all pointed to the vast contribution—£116 billion—that the creative industries make, supporting 2.1 million jobs. However, they also went on to point out that the contribution is not just economic. The cultural industries and entertainment sector are critical to the wellbeing of the nation. They bring joy to us.”
“It is a pleasure to respond to this important debate on behalf of the Government. As the Minister for Digital and Culture, my hon. Friend the Member for Gosport (Caroline Dinenage) said at the beginning, this has been a hugely challenging year for the entertainment and cultural sectors. Although the vast number of businesses in this country have suffered from the restrictions of lockdown, it is perhaps, as my hon. Friends the Members for Stockton South (Matt Vickers) and for North West Durham (Mr Holden) said, the entertainment and cultural sectors that have been among the hardest hit in the economy. I would like to thank all those who have participated in the debate. We have had 55 Back-Bench speeches during the course of the debate, and I know, as you indicated, Mr Deputy Speaker, that more wanted to speak but were unable to do so.”
“The general data protection regulation regime will be retained in domestic law after the transition period through the European Union (Withdrawal) Act 2018. The UK remains committed to maintaining high data protection standards now and in the future.”
“The hon. Gentleman is right to say that the GDPR has ensured that we have high standards and, as I say, we are absolutely committed to maintaining them. We have no intention of diverging substantially from the GDPR, but obviously we will be looking to see whether there are ways in which we can improve our regime while maintaining those high standards.”
“As I recall, the Information Commissioner examined the practices of all political parties and made comments against all of them. However, it did not find that any breaches of the law had occurred.”
“Since then, it has addressed teenage pregnancy; domestic abuse of males as well as females; and transgender issues. It has even covered the challenge of someone having to try to find the money to pay the TV licence and failing, with this resulting in imprisonment. I am happy to tell the hon. Lady that almost nobody now goes to prison for a failure to pay the TV licence or meet the fine. I am sorry that in her case this came at a time when that was not true.”
“Member for Batley and Spen and one or two others have said, many great actors started their careers in Weatherfield; as well as the hon. Lady, we have the trio of theatrical knights, Sir Ben Kingsley, Sir Ian McKellen and Sir Patrick Stewart, and also Sarah Lancashire and Joanna Lumley. As well as the actors, screenwriters such as Jack Rosenthal and Russell T. Davies started off in “Coronation Street”, and directors such as Paul Greengrass, Mike Newell and Michael Apted directed episodes. A number of the speakers in this debate have referred to the willingness of “Coronation Street” to confront difficult issues, and we have heard a number of examples of that, starting with the issue of racism in the very early episodes in the 1960s.”
“One thing that struck me was that the set had been made slightly bigger so that two cars could drive down the street and pass each other, and 54,000 cobbles had been laid, with extraordinary attention to detail. Each cobble was both positioned and weathered So that it remained absolutely authentic. My hon. Friend the Member for Warrington South (Andy Carter) referred to the extraordinary number of ancillary occupations involved and jobs created on a major TV production—I suspect that the 54,000 cobbles employed quite a lot of people. Over the years, “Coronation Street” has had a number of famous visitors. There is a wonderful picture of Alfred Hitchcock peering around the door of the Rovers Return, and a young Prince Charles visited. As the hon.”
“Some 24 years later, I was lucky enough to visit the set again. This was organised by the redoubtable Jane Luca, of ITV, who I suspect was responsible for the visits of most of my hon. Friends who have spoken of their own experiences. She organised for the Select Committee on Culture, Media and Sport, which I was Chair of at the time, to visit the new set. This was in 2014, after the set had been transferred to the new location in MediaCityUK in Salford. I was indeed accompanied by my right hon. Friend the Member for Bournemouth West, whose excitement at going to the new set I remember. We met a number of cast members, including Michelle Keegan and Sam Aston.”
“Friend the Member for Bournemouth West (Conor Burns) said, the first time I did so was with Margaret Thatcher in January 1990, and it was indeed the case that I had to brief her on the way to the set on the characters who were stars at that time. I did indeed go through all the various storylines, and she was particularly keen to visit Alf Roberts’ corner shop, because of course her own father was Alfred Roberts, who ran the grocer’s shop in Grantham. She arrived on set and was very upset to see that Alf Roberts’ corner shop had the sign saying, “Licensed to sell alcohol”. She said that that would certainly have never been allowed in her father’s shop, as he would not have dreamt of selling alcohol. Having said that, she did then visit the Rovers Return, but she was very clear that she would have a bitter lemon from behind the bar.”
“Today, it is still bringing in the biggest audience of any soap, but that is around 7 million, whereas in the ’90s, it was regularly getting 20 million. Indeed, the departure of Hilda Ogden in the 1987 Christmas episode had an audience of 26.65 million. It is still getting something like a third of the audience share. This just shows how linear television has changed during that time, but nevertheless, “Coronation Street” has maintained its position at No.1. I cannot claim the encyclopaedic knowledge that has been displayed by so many Members, but I, too, have twice visited the set of “Coronation Street”. As my right hon.”
“I am not sure I can claim that title, particularly after listening to the contributions this evening. I would like to start by congratulating the hon. Member for Batley and Spen (Tracy Brabin) on obtaining the debate and managing to unite the House. Members on both sides of the House have spoken with real admiration and affection for what is undoubtedly the world’s greatest soap. I am delighted to join others in congratulating “Coronation Street” and ITV on the 60th anniversary. At the beginning of this year, the programme transmitted its 10,000th episode, and the 60th anniversary is next week. It is the world’s longest—running soap opera, and it is still the most popular. It also demonstrates the extraordinary changes that have taken place in the media landscape over those 60 years.”
“I would like to conclude by joining all those who have spoken in paying tribute to a show that has not only brought pleasure and entertainment to millions of people over the course of the last 60 years, not just in the UK but in many other countries around the world, but also played a vital role in raising awareness and affecting attitudes on so many important public issues. As other Members have said, I look forward to at least another 60 years.”
“The PSBs have a tremendous role in supporting the UK creative industries, and while some of the streaming services are now commissioning content in this country, because we are so good at it here, the PSBs nevertheless still represent the major commissioners of UK content. We have recently established the Public Service Broadcasting Advisory Panel to examine the way in which PSB needs to adapt to this new landscape, but I am absolutely clear that there is still a role for public service broadcasting, and we will be looking at the issues and challenges facing public service broadcasters, such as the issue of prominence that my hon. Friend the Member for Buckingham raised.”
“ITV still has a presence in Leeds and Channel 4 has now established its headquarters in Leeds. I am absolutely clear that it is very important that we continue to encourage production to take place right across the UK, because it brings enormous economic benefits in terms of jobs and wealth creation. The hon. Member for Batley and Spen and my hon. Friend the Member for Buckingham referred to the importance of public service broadcasting. We are living through extraordinary changes in the media landscape that have brought huge extra opportunities for viewers in the range of content available through a number of streaming services that did not even exist two or three years ago. Now we have a choice of Amazon, Apple, Disney and Netflix, as well as Sky and the public service broadcasting companies.”
“I fear that it is almost certain that Weatherfield would still be in tier 3 at the end of the national lockdown, which would mean that the Rovers Return would be able to supply only a takeaway service, but I hope that it would not be long before the Rovers would be in tier 2, which would, of course, allow the sale of alcohol with a substantial meal such as Betty’s hotpot. The hon. Lady also rightly referred to the importance of the UK production sector and our creative industries and the need to ensure that every region and every nation of the UK benefits from them, and we have been very keen to ensure that more production is done outside London. The BBC now has a major centre in Salford at MediaCity. ITV is now located with the “Coronation Street” set there. I have also had the pleasure of visiting the “Emmerdale” set in Leeds.”
“Indeed, in a particularly inventive way, filming of romantic scenes takes place with one actor sitting on one end of a sofa looking longingly at a tennis ball suspended from the ceiling and then, once that section has been filmed, the other actor takes their place at the other end of the sofa and stares at a different tennis ball longingly and the production crew then splice the two together so that no one can tell. It is very important not just, obviously, that production is done safely, but that a show like “Coronation Street” gets across the public messaging about the importance of maintaining social distancing and mask wearing. “Coronation Street” featured the socially distanced wedding between Maria and Gary.”
“She is absolutely right that one obstacle was the difficulty in obtaining insurance for productions against the possibility of their having to stop because of covid. I am glad to say that that is in place and, as a result, productions have been resumed by most of the major broadcasters and film companies, but it has required some quite inventive solutions. I understand that, on “Coronation Street”, furniture is quite often placed between characters in order that they can remain apart and socially distanced.”
“I want to pay tribute to the ITV health and safety team, and to Magnus Brooke of ITV, who played a very large part in helping to draw up those protocols so that not just ITV Studios productions could get going again, but all the other broadcasters and film companies could, too. I have been chairing the broadcasting, film and production working group, which has brought together representatives of all the broadcasters, film companies and production companies to discuss how we could get production going again. We have now put in place very strict protocols to ensure that production can take place safely. As the hon. Member for Batley and Spen mentioned, we have also put in place the £500 million film and TV restart scheme.”
“I am grateful to the hon. Lady. It has been some years since anyone was sent to prison for that, and I hope it does not happen again, but it was disproportionately women who suffered. My hon. Friend the Member for Buckingham (Greg Smith) talked about the issue of raising awareness of sepsis. It is perhaps worth observing that there cannot be another street in Britain that has experienced so many disasters and so many tragedies in such a short space of time. Of course, most recently, the programme has had to wrestle with the challenges of covid, both in terms of production and as a storyline. Covid stopped production of “Coronation Street” in March, but it was able to resume in June under the protocols to ensure safety.”
“In 2019, an additional SI was made to amend the main regulations to reflect the arrangements made for personal data transferred from the UK to privacy shield companies in the US. As the CJEU has invalidated the adequacy decision, the amending regulation no longer has any practical affect and, therefore, this regulation revokes that amending regulation before it comes into force. As I have set out, these regulations address deficiencies in our data protection regime resulting from the UK’s leaving the EU at the end of the transition period. I commend the regulations to the Committee.”
“The approach adopted in the main regulations was to transitionally deem EU member states and Gibraltar as adequate. Since the main regulations were made, the Home Office has established that Norway, Iceland, Liechtenstein and Switzerland have also transposed the law enforcement directive into their domestic law, which enables data sharing between authorities in the UK and law enforcement agencies within these countries. In order that law enforcement co-operation and data sharing can continue as it does now, following the end of the transition period, this instrument adds these EEA states and Switzerland to the list of countries that will be treated as adequate on a transitional basis. Finally, I turn to the revocation of the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019.”
“The main regulations preserve pre-GDPR binding corporate rules that were previously authorised by the Information Commissioner as a valid transfer mechanism after the transition period. However, a subset of pre-GDPR binding corporate rules currently relied on by organisations with data flows in the UK may have received authorisation only from EU supervisory authorities. The SI before the Committee makes provisions that will allow UK-based group members to use such rules as a valid transfer mechanism if they obtain approval from the Information Commissioner within six months of the end of the transition period. The main regulations also provided a legal basis for the continued free flow of personal data from the UK to the EU, falling within the scope of the law enforcement directive, otherwise known as the LED.”
“For clarity, the relevant adequacy decisions are listed. The measure before the Committee updates that list to reflect recent developments, adding the EU’s adequacy decision for Japan, and removing the reference to the adequacy decision for the US privacy shield. These amendments are not substantive, and are entirely in keeping with the original intention of the main regulations—namely, to ensure the continued free flow of personal data between the UK and third countries that have already been found to meet the requisite standards for data protection. Binding corporate rules are an internal code of conduct operating within a multinational group, which has been approved by EU data protection regulators, to enable personal data to be transferred within the global group.”
“The SI will also revoke some EU legislation that would have no practical effect if it were to be retained under the European Union (Withdrawal) Act 2018 at the end of the transition period. There are a small number of other changes, which relate to the transitional provisions for international transfers of personal data. At the end of the transitional period UK organisations will be able to transfer personal data outside the UK if it is covered by an adequacy regulation, an appropriate safeguard, or an exception. Currently UK organisations can freely transfer personal data to EU and European economic area member states and to non-EEA countries for which the EU Commission has made adequacy decisions. The regulations that I have referred to continue that position on a transitional basis.”
“Where the transition period comes to an end, the European Union’s regulation on data protection, known as GDPR, will be retained in domestic law through the European Union (Withdrawal) Act 2018. Last year the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019 were made. They made minor changes to the retained GDPR under the Data Protection Act 2018, to ensure that UK data protection law would continue to operate on exit day. The statutory instrument before the Committee today makes limited amendments to those regulations. The majority of the changes are updates of exit day references to read “IP completion day”.”
“I beg to move, That the Cttee has considered the draft Data Protection Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2020. It is a pleasure to serve under your chairmanship this afternoon, Mr McCabe. The statutory instrument was laid before both Houses on 14 October and is made under the European Union (Withdrawal) Act 2018. The main intention is to ensure that the UK’s data protection framework will function correctly at the end of the transition period, and that there will be no data cliff edges. I want to bring to the Committee’s attention the fact that neither the Joint Committee on Statutory Instruments nor the House of Lords Secondary Legislation Scrutiny Committee has drawn either House’s attention to the SI.”
“Indeed, the agreement makes it absolutely clear that both sides are able to maintain a legal framework that provides for the protection of personal information. The trade agreement with Japan will, we hope, result in a freer flow of data between the UK and Japan, but at the same time not undermine GDPR and our existing protection.”
“Lady is intended to consult very widely all those who potentially have an interest in the matter—companies that use data, privacy campaigners, stakeholders and so on—to find ways in which we might improve the UK’s data regime. She referred to the Opposition’s suggestion of a digital charter. I hope she has responded to the national data strategy, as we are obviously interested in any ideas that she has. On trade agreements, which the hon. Lady also talked about, it is true that, for instance, the UK-Japan trade agreement contains data provisions that go beyond the EU-Japan agreement, and we regard that as a considerable achievement. However, nothing in the agreement undermines the data protection regime in this country.”
“On the other hand, we wish to take advantage of the fact that we will be responsible for our own data protection regime, and we wish to explore ways to facilitate the flow of data between companies and to drive growth forward. That is an opportunity, since we will no longer be bound by the Court of Justice of the European Union rulings, although in terms of adequacy decisions we will need to watch developments in the EU. Should those rulings change things, there might be implications for its attitude to our adequacy. We certainly have no intention of doing anything that results in a loss of adequacy. The national data strategy mentioned by the hon.”
“I am sure the Committee would have been disappointed if the hon. Lady had not mentioned Schrems II, which we all think about a great deal. Schrems II resulted in some quite tricky decisions, not just for the UK, because we are bound by the Schrems II judgment that negated the privacy shield, but it creates equal challenges for the EU, which is something the EU is working on; the Information Commissioner’s Office is still in conversation; and we hope to find a mechanism to allow the flow of data between EU member states, the UK and the USA to continue. The hon. Lady is right that, even if we achieve adequacy, this is an ongoing process. We would not be negotiating as hard as we are to achieve adequacy if we intended to do anything shortly afterwards that resulted in our losing it again.”
“At the same time, we absolutely recognise the importance of data protection, which is, as she said, underpinned by GDPR, a set of EU regulations. The hon. Lady referred to the fact that we are still in negotiation with the EU Commission about adequacy. In our view, there is no reason that we should not be granted adequacy—after all, our data protection regime is one that the EU formulated—but that is a matter ultimately for the Commission to decide. Certainly, the time left before the end of the transition period is reducing and this is therefore challenging, but we are still optimistic that it can be achieved. We have indicated to business that it is sensible to put in place the mechanisms necessary to ensure that data can continue to flow from the EU to the UK should adequacy not be achieved.”
“I am grateful to the hon. Lady for indicating that the Opposition do not intend to oppose the regulations and for her remarks. I am tempted to say that we should stop meeting like this, but I think we may be doing so again in further Committees. The hon. Lady and I absolutely agree about the importance of data in fuelling economic growth and innovation. She does not like the expression “new oil” in that context, and I understand why, but I am not sure that her suggestion about people going around excreting a trail of data was much more preferable an analogy. Nevertheless, data is of increasing importance, and the Government are keen to ensure that we reap the maximum benefit from it to create an economy driven by innovation and growth, based on the free flow of data.”
“As she will be aware, the Secretary of State had a recent roundtable specifically to talk about the efforts made by the tech platforms to address the problem of disinformation about a potential covid vaccine. She will also know that the issue of obligations on tech platforms will be addressed through the online harms legislation that we still expect in the near future. I hope I have answered the hon. Lady’s questions and I commend the regulations to the Committee. Question put and agreed to.”
“I understand the hon. Lady’s concern, but I do not think it is justified. There is nothing forcing any company to transfer data from the UK to Japan or any other third country. We seek to remove unnecessary obstacles that impede that flow, but that does not undermine the requirements on UK-based companies to comply with the existing data protection regime. Indeed, that is spelt out clearly in the agreement. We do not believe that that is a risk, but it is something we continue to attach priority to, and we will keep it in mind for the future trade agreements that we are hopeful of striking. I hope I am answering the points that the hon. Lady made. The point she made at the end of her remarks was about the obligations on the tech platforms, and she talked about disinformation and fake news.”
“Further details on the plans for that legislation will be set out in the full Government response to the consultation on the White Paper, which is due to be published later this year, with draft legislation ready in early 2021. I commend the regulations to the Committee.”
“Ofcom will continue to actively engage with its regulatory counter- parts in Europe after the end of the transition period regarding the determination of jurisdiction, co-operation and consistency. The Government have always been clear that we intend to introduce legislation that will keep people safe online while protecting freedom of expression and recognising the invaluable role of a free press. The regulations align with UK policy goals and commitments to put in place protection for users, while paving the way for the upcoming online harms regulatory regime. Given that the online harms regulatory framework shares broadly the same objectives as the VSP regime, it is the Government’s intention that the regulation of VSPs in the UK will be superseded by the online harms legislation, once the latter comes into force.”
“Although Ofcom’s remit will not be extended to include platforms established elsewhere in the EU, we believe that UK users will indirectly benefit from the EU’s regulation platforms under the AVMS directive. The regulation under the regime is systems regulation, and not content regulation. We therefore expect that as platforms based outside of the UK set up and invest in the systems, they comply with the AVMS regulations. In the absence of the SI, Ofcom would no longer be able to regulate any VSPs, which would result in an unacceptable regulatory gap. Our approach also mitigates the small risk that a VSP offering services to countries covered by the AVMS directive but not in the UK would establish itself in the UK to circumvent EU law.”
“The directive sets out technical rules governing when a platform falls within a country’s jurisdiction: there should be a physical presence of a platform, or a group undertaking of the platform in the country. Where there is a physical presence in more than one country, jurisdiction is decided on the basis of factors such as whether the platform is established and whether the platform’s main economic activity is centred in that country. There will be only one country which has jurisdiction for each platform at any one time. Through the SI we are seeking to maintain the same position for Ofcom’s remit beyond the end of the transition period. The remit allows Ofcom to regulate VSPs established in the UK and additionally regulate platforms that have a physical presence in the UK but not in any other country covered by the AVMS directive.”
“Three key requirements were placed on VSPs under the AVMSD regulations 2020, namely to take appropriate measure to protect minors from content harmful to those under 18; to take appropriate measures to protect the general public from harmful and certain illegal content; and to introduce standards on advertising. I should also like to draw the Committee’s attention to the report from the Secondary Legislation Scrutiny Committee, which considered the SI. I thank it for its work. I should like to address some of the concerns about jurisdiction before explaining how the SI links to UK policy goals. Under the revised the AVMS directive, currently each EU member state and the UK are only responsible for regulating the VSPs that fall within their respective jurisdiction.”
“The EU’s audiovisual media services directive, which is known as the AVMS directive, governs the co-ordination of national legislation on audiovisual media services. The directive was initially implemented into UK law in 2010, primarily by way of amendments to existing broadcasting legislation. The directive was subsequently revised by the EU in 2018. The regulations 2020, which transpose the revised AVMS directive, were made and laid in Parliament on 30 September. Those regulations came into force on 1 November, and introduced for the first time rules for video-sharing platform services. The Government have appointed Ofcom as the regulator for those services. The new rules ensure that platforms falling within UK jurisdiction have appropriate systems and processes to protect the public, including minors, from illegal and harmful material.”
“I beg to move, That the Committee has considered the draft Audiovisual Media Services (Amendment) (EU Exit) Regulations 2020. It is a pleasure to serve under your chairmanship, Mr Stringer, and I welcome my colleagues. The statutory instrument, which was laid in both Houses on 15 October, is being made under the European Union (Withdrawal) Act 2018. The regulations remedy certain failures of retained EU law arising from the withdrawal of the United Kingdom from the European Union. Through the SI, we are seeking to maintain but not to expand Ofcom’s remit to regulate video-sharing platform services. It is necessary to do so to ensure that the law remains operable beyond the end of the transition period.”
“I was smiling simply because after the catalogue of failure and disaster that the hon. Lady recounted in describing the SI, she then said that the Opposition will not oppose it, which obviously I welcome very much.”