Written Question: Online Safety Act and Human Rights

Lord Moylan: To ask His Majesty's Government what assessment they have made of the legal implications of the Podchasov v Russia European Court of Human Rights judgment; and what assessment they have made of the risk that Ofcom's power to issue Technology Notices under section 121 of the Online Safety Act 2023 could create vulnerabilities exploitable by hostile states.

Parliamentary Under Secretary of State, Department for Science, Innovation and Technology and the Department of Business and Trade (Lady Lloyd of Effra): The impugned legislation in Podchasov v. Russia is not directly comparable to the Online Safety Act, which contains robust protections for privacy and freedom of expression. A memorandum on ECHR compatibility was published during Bill passage.

Section 121 of the Act contains stringent safeguards ensuring that Ofcom’s power to issue Technology Notices, including relating to child sexual exploitation and abuse (CSEA) content communicated privately, can only be used when necessary and proportionate. Ofcom must consider a range of matters, including whether there are less intrusive alternatives, the harm to individuals and the required technology’s ability to achieve the purpose described.