The UK is planning to institute new rules on harmful content on social media platforms and big tech has no choice but to prepare for a more regulatory atmosphere. Companies that fail to comply with the new rules could face fines of as much as £18 million, or 10% of their annual global revenues, whichever is higher.
In addition to the fines, Ofcom, the British government’s media watchdog, will have the authority to block UK access for any non-compliant services.
Representatives for internet watchdogs and for the Thunderbolt online casino have said that they are pleased to see the UK take a leadership role in protecting Internet users.
Shake Up
The regulations are meant to force social media giants like Twitter, Facebook and TikTok to comply with the UK’s new legislation regarding harmful content. The government, led by Digital Secretary Oliver Dowden and Home Secretary Priti Patel, is determined to force the social media companies to respect a legally-binding duty of care.
In addition to the fines, executives of the companies can be held personally responsible if they fail to limit/remove the spread of content that contains terrorist material, child sexual abuse or promotes suicide. The platforms are also expected to be more proactive in ensuring that children aren’t exposed to bullying, grooming or pornography.
The platforms will be required to set out clear conditions and terms that describe how they are tackling content that could cause significant psychological or physical harm, even though it’s legal (i.e. misinformation about COVID-19 vaccines). The project will be overseen by British media watchdog Ofcom. Ofcom will be able to fine the companies and/or block their services from UK access if they continue to allow the harmful content to be broadcast.
“I’m unashamedly pro tech but that can’t mean a tech free for all,” Dowden said. “Today Britain is setting the global standard for safety online with the most comprehensive approach yet to online regulation. We are entering a new age of accountability for tech to protect children and vulnerable users, to restore trust in this industry, and to enshrine in law safeguards for free speech…..This proportionate new framework will ensure we don’t put unnecessary burdens on small businesses but give large digital businesses robust rules of the road to follow so we can seize the brilliance of modern technology to improve our lives.”
Scope
At the heart of the measures is the safety of children. Any company in the world that hosts user-generated online content which people in the UK can access or which enables them to interact, publically or privately, with others online, is covered under the regulations.
Included is social media, instant messaging platforms, video sharing, dating apps, online forums, online marketplaces, cloud-to-cloud storages, video games that allow online interactions, peer to peer services and commercial pornography websites. The new regulations also cover search engines.
Journalistic content that is featured on publishers’ websites will be exempt and can be reshared, along with viewers’ comments. The law allows for freedom of expression to ensure that people can continue to engage in debate and participate in society. Social media platforms will be expected to provide protections for children who might access their services.
Clarify
The government and Ofcom must still come up with clearer guidelines that set out how companies are expected to fulfill their mission of protecting users and the public.
There will be two levels
Category 1
Social media companies such as TikTok, Facebook and Twitter that have large platforms and high-risk features will be expected to assess the risk of activity or legal content on their sites with “a reasonably foreseeable risk of causing significant physical or psychological harm to adults”.
In their conditions and terms they will be expected to clarify the type of “legal but harmful” content that will be acceptable on their platforms. They must then enforce those guidelines consistently and transparently. They will need to establish mechanisms that allow people to easily report harmful activity/content as well as mechanisms that allow people to appeal when content is taken down.
These companies must publish transparency reports that details steps that are being taken to address online harms.
Category 2
Private messaging apps, platforms that host pornography and dating services comprise the majority of the companies affected by the legislation. The main way in which the legislation will affect these platforms is by requiring them to identify and remove illegal materials including those that may be used to exploit children.
According to the UK Government website, Dame Melanie Dawes, Ofcom’s Chief Executive, was quoted as saying “We’re really pleased to take on this new role, which will build on our experience as a media regulator. Being online brings huge benefits, but four in five people have concerns about it. That shows the need for sensible, balanced rules that protect users from serious harm, but also recognise the great things about online, including free expression. We’re gearing up for the task by acquiring new technology and data skills, and we’ll work with Parliament as it finalises the plans.”
The UK is taking a leadership role in forcing big tech companies to provide its services more responsibly but the European Commission is close behind. The Commission is overhauling its digital regulation to ensure that platforms like Facebook and Google deliver content responsibly and that competitors can compete fairly against the big firms.
The EU’s Digital Services Act (DSA) and the Digital Markets Act (DMA) aim to establish a level playing field for digital competitiveness, growth and innovation in the EU and globally and create a safe digital space where rights of all digital service users are protected.
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