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Communications Act 2003 (Disclosure of Information) Order 2010

My Lords, I am grateful to both noble Lords for raising pertinent questions. I confirm that we are proceeding broadly in line with the 2009 scheme. However, I am not in a position to do what the noble Lord, Lord Luke, hoped that I would; namely, to state what the coregulatory bodies are. I am sure that the noble Lords, Lord Clement-Jones and Lord Luke, are aware that the Advertising Standards Authority is an important consultee on this matter, as is the Association for Television On-Demand. However, it is for Ofcom to designate coregulatory bodies. There is no obligation for it to designate them if it does not wish to do so or if it cannot find suitable bodies that would be competent or effective in their roles, but it is highly likely that it will. We have indicated that we know the bodies that are likely to play a part in this. Ofcom will designate co-regulatory bodies when it is satisfied that the bodies it intends to designate are ready and able to carry out the regulatory functions concerned. Those discussions are ongoing, so I cannot be absolutely definitive. The industry is broadly content with the order, and we have worked closely with it to develop the arrangements for regulating on-demand programme services. The industry expects it to be efficient, but as light-touch as possible, which are the objectives for which we will strive. The noble Lord, Lord Clement-Jones, and, possibly, the noble Lord, Lord Luke, raised YouTube and asked why it is not covered by the regulations. We can regulate services under the directive only if they are established in the UK. Let us remember that we are working under the European directive. Services have to be established in the UK; YouTube is based in the United States of America and is outside our jurisdiction. We are not in a position to regulate on that, which is why that element is missing, as the noble Lord, Lord Clement-Jones, rather suspected. However, we envisage further legislation shortly to complete the arrangements for the regulation of on-demand programme services. They do not directly implement any of the provisions of the directive, but they will help to ensure effective implementation and regulation. We still have more to do, but this order represents an important step forward. On the general question of regulation, the noble Lord, Lord Luke, referred to the watershed and how we protect children from unsuitable online material. We are determined to ensure that our children are safe and protected from such material. The directive goes some way on this for the services that it covers, but we will have to keep this under constant review. If further measures are required, we will bring forward proposals in due course. I want to assure the noble Lord that the Government are concerned about those issues he outlined in his contribution. Our debates on the Digital Economy Bill are probably also informed by these discussions. As far as young people are concerned, security for them from material that can be harmful is a very important part of the Government’s consideration on these matters. I commend the order to the Committee. Motion agreed.