Speeches by Wright.

“Are you expecting them to do that verification rather than you doing it?”

“The problem is your statutory objectives include the word “proportionate” most of the time. You will have to decide what you think proportionate means to apply that test, which is why I am asking for a sense. I appreciate what Jessica says that they are all context-specific, but as a general approach. Again, we are int…”

“Or to disclose it to you without it needing to be public information.”

“Yes, I completely agree with that. I have one other thing, if I am not hogging it too much. The question of proportionality, as you say, is fundamental here. Is it Ofcom’s view that the right way to look at proportionality here is to balance the downsides for the platform in the disclosure of this data with the upsides…”

“Presumably, there is a distinction between the material that you want to see as regulators and the material that the platform publish. Most of the IP issues apply to publication, not to what you as regulators can see.”

“The first of those cases, as we all know, will be significant for setting the tone.”

“You are prepared to litigate the issue if it comes to it?”

“I want to return to this issue of algorithmic transparency. You will appreciate from our perspective the original logic for this piece of legislation was suspicion—let us put it no higher than that—that a business model within these companies drives algorithms that promote bad content because it keeps people on the pla…”

“These are important weeds because, as I say, there is a difference between inclusion in the code of practice and not. If what you include in the code of practice is simply an expectation that people will use a tool that they themselves think is an accurate tool to use, that is only of value if you are prepared to say. …”

“If a platform says, “I haven’t used it because I don’t think it is accurate,” do you simply accept that or have you a way of verifying whether that is a reasonable argument?”

“You will need to be in a position to assess the accuracy of each of these tools to do that.”

“Are you talking about hash matching technology and the like?”

“I want to track back, if I can, to what Mark said about proactive tools that might be available to the industry to make sure this content is not there in the first place, which is what we are all hoping to achieve. With the structure of the Act, as you are well aware, and the importance of the codes of practice, it mat…”

“Just one more from me. You are right, of course, that the Act in its current form does not include anything beyond material that is harmful to children or illegal content. I suppose the only area where that might not be true is when we come to the categorisation process and we talk about the powers given to users to co…”

“I could talk about this all afternoon, but I won’t.”

“It may be helpful for you to know that we will come to this with some separate questions. Perhaps if I can ask you just to limit yourself at the moment to the question that I have asked, which is about the expectations that Ofcom has for success. What are you looking for platforms to do by way of change? Do you think t…”

“Understood. Jessica, I know you want to come in on this.”

“That is exactly the point. What I am slightly worried about here—again feel free, either of you, to comment on this—is that these logics become somewhat circular. You are right: you will be entitled to ask that platforms consider whether they have reasonable grounds to infer this but what they have reasonable grounds t…”

“Sorry to interrupt you. The systems they will apply will be based on the expectations that you, as the regulator, have set. That is the way it works, as you well know. You have been busily constructing your codes of practice because we, as legislators, have handed to you responsibility to set out what compliance with t…”

“I know that Jessica wants to come in, but I will ask you very specifically about illegal content. You will understand that our concerns are slightly broader than what is a contravention of the criminal law but obviously contraventions of the criminal law are a significant part of what this Committee is concerned about.…”