Freedom of expression advocates had stated that the original Online Safety Bill would allow social media platforms to ban legal information, but charities have stated that this is a positive development and that the amendment is a “step backward.”
As part of the government’s proposed online safety measures, social media platforms would no longer be required to remove anything deemed “legal but damaging.”
After repeated delays, the Online Safety Bill will be revised and the unpopular but essential measure will be eliminated when it returns to parliament the following week.
The government stated that it is making these modifications out of concern that the initial proposals would have required the largest platforms to remove not only unlawful content but also content that had been identified as legal but potentially damaging.
The culture secretary, Michelle Donelan, stated that the law in its current form “may have a very, very negative impact on free speech.”
She told, “There are unforeseen repercussions linked with it.”
“The anchor was actually what prevented this bill from taking flight. A quasi-legal category was created between illegal and legal. Not what a government ought to do.”
Free-speech advocates asserted that governments or digital platforms may use the measure to block particular information, whilst charities and opposition parties argued that it was a crucial step towards protecting minors.
Now, platforms will be compelled to remove illegal information and anything that violates their terms of service.
Instead of removing legal but harmful responsibilities, however, platforms will be required to provide adults with tools to hide content they do not want to see, including content that does not meet the criminal threshold but could be harmful, such as the glorification of eating disorders, misogyny, and other forms of abuse.
The government refers to this as a “triple-shield” of online safety that permits free speech.
However, the Labour Party and the Samaritans’ leader have voiced strong opposition to the change.
Julie Bentley, CEO of Samaritans, deemed the elimination of the “legal but detrimental” requirement a “major step backward.”
“Children should have the highest level of protection, but the harmful effects of this type of content do not end at age 18,” she stated.
“Increasing the controls people have is not a substitute for holding sites accountable through the law, and this feels like the government snatching defeat from the mouths of triumph.”
This action will “embolden abusers, COVID deniers, and hoaxers.
Shadow culture secretary Lucy Powell described it as a “significant weakening” of the law, saying, “Replacing the prevention of damage with an emphasis on free expression undermines the entire aim of this bill and will encourage online abusers, COVID deniers, and hoaxes to thrive.”
It is believed that the government will also alter the bill to increase child online safety by boosting accountability and transparency.
The sector’s new regulator, Ofcom, will require tech companies to post summaries of risk assessments on potential harm to children on their websites, demonstrate how they enforce user age limits and disclose details of enforcement actions taken against them.
Platforms will be barred from eliminating users or accounts unless they have violated the site’s terms of service or the law.
“Young people will be protected”
Ms. Donelan argued this morning that the bill had been “strengthened” for children, stating, “If the content is prohibited, it must be removed. If something is damaging but legal, it must be eliminated. And firms will face enormous fines of up to 10% of their global turnover if they violate these restrictions.”
She stated that corporations will be required to implement age verification procedures to prevent youngsters from accessing explicit content, and “if they fail to do so, they could face consequences.”
She stated last night regarding the measure, “Youth will be protected, criminals will be eradicated, and adults will have control over what they view and engage in online.”
“We now have a choice between passing these measures into law and improving the situation, or maintaining the status quo and putting more young lives at risk.”
Other amendments to the bill, including criminalizing the advocacy of self-harm and “downblouse” and the distribution of pornographic deepfakes, were unveiled last week.
The administration has announced that more legislation to strengthen online safety for women and girls will be introduced shortly.
The Victim’s Commissioner, the Domestic Abuse Commissioner, and the Children’s Commissioner will also be included as statutory consultees to the bill, meaning that Ofcom must consult with them when writing new codes of conduct for internet companies to comply with the law.
Dame Rachel de Souza, the Children’s Commissioner for England, stated this would guarantee that “children’s perspectives and experiences are properly understood” and that she is “keen to see this law pass through parliament.”
