Amendment number 94A
In this Update Taylor Hampton Solicitors explain the Bill’s amendment at what is an important time for safeguarding the young sector in the use of social media.
For more information about Taylor Hampton Solicitors’ Media Law Sector see: https://taylorhampton.co.uk/legal-services/media-law/
What is the Bill?
- Has a broad range of aims and measures to improve safeguarding and education for children in the UK; and
- Some reforms include mandating free breakfast clubs and creating better support for children in care.
What is amendment number 94A?
- Amendment specifically targets the use of social media by children;
- Put forward by Lord Nash, a Conservative Life Peer;
- The amendment was sponsored by Baroness Cass (crossbench, life peer), Baroness Berger (Labour, life peer), and Baroness Benjahmin (Liberal democrat, life peer).
- When putting forward the amendment, Lord Nash recognised that there was a major issue in which children in the UK are addicted to social media;
- If the bill was given Royal Assent, this amendment would have the effect of imposing a social media ban for children under the age of 16 “by regulations made by statutory instrument require all regulated user-to-user services to use highly-effective age assurance measures to prevent children under the age of 16 from becoming or being users”;
- it would mean social media companies would have to implement age assurance measures to prevent children under the age of 16 from using the platforms;
- The bill with the amendments will now need to go back to the commons for debate;
What are user-to-user services?
- Refers to the meaning of “user-to-user services” as set out in Part 2 Section 3(1) of the Online Act safety Act 2023: “user-to-user service” means an internet service by means of which content that is generated directly on the service by a user of the service, or uploaded to or shared on the service by a user of the service, may be encountered by another user, or other users, of the service.
“Action to promote the wellbeing of children in relation to social media(1)Within 12 months of the day on which this Act is passed, the Secretary of State must, for the purposes of promoting the wellbeing of children— (a)direct the Chief Medical Officers of the United Kingdom (“the UK CMOs”) to prepare and publish advice for parents and carers on the use of social media by children at different ages and developmental stages, and (b)by regulations made by statutory instrument require all regulated user-to-user services to use highly- effective age assurance measures to prevent children under the age of 16 from becoming or being users. (2)Any advice published under subsection (1)(a) must have regard to— (a)the paper published on 7 February 2019 entitled “United Kingdom Chief Medical Officers’ commentary on ‘Screen-based activities and children and young people’s mental health and psychosocial wellbeing: a systematic map of reviews’”, and (b)any scientific or other developments since the publication of that paper which appear to the UK CMOs to be relevant. (3)Any regulations under subsection (1)(b) must be treated as an enforceable requirement within the meaning of section 131 (and for the purposes of Part 7) of the Online Safety Act 2023. (4)A statutory instrument containing regulations under subsection (1)(b) or subsection (5) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (5)For the purposes of this section— “the Chief Medical Officers of the United Kingdom” means the Chief Medical Officers for— (a)England, (b)Wales, (c)Scotland, and (d)Northern Ireland; “regulated user-to-user services” shall have the meaning given to it in the Online Safety Act 2023, subject to any modification, addition or exclusion as the Secretary of State may specify in regulations made by statutory instrument under this subsection.” |
For More Information
For more information about the Online Safety Act 2023, the Children’s Bill, or how Taylor Hampton Solicitors’ media team can help you please call 00442074275940 or email [email protected]