Online Safety
Against the backdrop of Elon Musk’s takeover of the social media site, Twitter, and amid a heated discussion about the protection of freedom of speech, legislation in the U.K. and the E.U. is being considered in order to protect its citizens from harmful and illegal content.
E.U. Digital Services Act
The E.U. has given approval to the Digital Services Act (DSA) which is designed to protect the digital space against the spread of illegal content and ensure the protection of users’ fundamental rights.
Jozef Sikela, the Czech Republic minister for industry and trade said “by setting new standards for a safer and more accountable online environment, the DSA marks the beginning of a new relationship between online platforms and users and regulators in the European Union and beyond.”
It will take 15 months for most of the DSA provisions to come into effect.
U.K. Online Safety Bill
Meanwhile in the U.K., with the chaos caused by a lack of active Government after the resignation of Boris Johnson as Prime Minister and then Liz Truss, the current Government under the stewardship of Rishi Sunak has again removed the Online Safety Bill from Commons business.
The third reading in the Commons was expected on 1 November before being passed on to the House of Lords.
The Online Safety Bill aims to allow the U.K. regulator Ofcom to regulate online platforms, mainly by enforcing companies' terms of conditions on certain types of harmful content that is legal.
It also suggests fines for digital companies if they do not comply with new regulations, and prison sentences could also be handed down to senior managers if they continue to breach regulations.
Although Rishi Sunak pledged support for the Bill during his leadership campaigns to Conservative Members, he said he had concerns relating to freedom of speech and suggested he would amend the Bill. In July at a speech he said,
“I do think we need to have a way to protect children against harm, as I said and I say that first and foremost as a parent.”
“But I do want to make sure that we are also protecting free speech and the legal but harmful bit is the one that I would want to spend some time as prime minister going over and making sure that we’re getting that bit exactly right.”
“I think it’s fair that people have raised some concerns about that and its impact on free speech. And I think it’s right that those concerns are properly addressed.”
Whilst the Culture Minister, Damien Collins has confirmed there is an ongoing commitment to the Bill, there is no clear timetable going forward.
This appears to leave the online protection of UK citizens behind those of their counterparts in the European Union, particularly children. Commenting on the news of the delay, Richard Collard, child safety online policy and regulatory manager at the NSPCC, said those affected by gaps in online safety should not “have to pay twice” due to changes of power in Westminster.
What does the Online Safety Bill Cover?
Protection for children:
by requiring in scope companies to consider the risk posed to children and take action to tackle illegal activity that threatens their safety;
For platforms likely to be accessed by children, operators will need to:
prevent access to material that is harmful to children, such as pornography; and
ensure there are strong protections from activity which is harmful to children that include abuse, trolling, scamming and self-harm
Support for adults:
platforms must tackle the presence of illegal material on their sites. If found, it should be easy to report it to the digital company. The company then should act quickly to remove the material;
major service providers will also need to make clear in their terms of service what legal content is acceptable on their sites, and provide user-friendly ways to complain when things go wrong.
Secondary legislation will be required to fully detail what content will need to be addressed, so even if the Online Safety Bill does find its way back into Commons business, this will remain an open area for some time.