Amendment summary
Lord Mohammed of Tinsley moved amendment 94B, as an amendment to amendment 94A, In subsection (1)(b), at end insert “subject to any exemptions under subsection (1A).
(1A) Any exemptions to regulations made under subsection (1)(b)—
(a) must be specified only by Ofcom and the Children’s Commissioner acting jointly, and
(b) can only apply where—
(i) the primary purpose of the exemption is to address or mitigate harms arising from social media use by children,
(ii) the exemption specifies an alternative minimum age to that provided under subsection (1)(b), and
(iii) the provider of the service has demonstrated to the satisfaction of Ofcom and the Children’s Commissioner that it—
(A) meets Ofcom’s guidance concerning appropriate, risk-based minimum ages,
(B) has due regard to relevant standards and principles of the UK General Data Protection Regulation,
(C) has particular regard to the importance of protecting the rights and best interests of children, as recognised by the United Nations Convention on the Rights of the Child,
(D) has considered the potential impact of the service on the mental health and psychological wellbeing of children,
(E) has investigated the extent to which the service’s design, functionalities or features may encourage addictive or compulsive use, and
(F) has considered and reviewed the use of algorithms for content recommendation, amplification or targeted advertising.
(1B) Regulations made under subsection (1)(b) must also provide for—
(a) periodic review of any exemption to ensure the continuing adequacy of protection for children, and
(b) amendment or revocation of an exemption where Ofcom and the Children’s Commissioner are no longer satisfied as to the matters set out in subsection (1A)(b)(iii).”