Online Safety Bill clears final parliamentary hurdle

Will hold social media companies more accountable for content posted online

Online Safety Bill clears final parliamentary hurdle

The Online Safety Bill will soon become law in the UK, as part of the government's campaign to curtail harmful content on social media platforms.

On Tuesday, the Online Safety Bill successfully cleared its final parliamentary obstacle in the House of Lords.

The law will hold social media companies like Facebook, YouTube and TikTok more accountable for the content posted on their platforms.

It will require them to promptly remove illegal content and take steps to safeguard users, particularly children, from content that may be "legal but harmful".

The 300-page bill will also introduce new requirements, such as compelling pornography sites to prevent children from accessing their content by verifying users' ages.

Platforms will also have to demonstrate their commitment to removing illegal content. That includes addressing issues like child sexual abuse, coercive behaviour, extreme sexual violence, promoting or facilitating suicide, animal cruelty, illegal immigration and people smuggling, selling illegal drugs or weapons, and terrorism.

The bill also introduces new offences, such as cyber-flashing and the distribution of AI-generated "deepfake" pornography.

Technology secretary Michelle Donelan described the bill as a "game-changing" piece of legislation.

"Today, this government is taking an enormous step forward in our mission to make the UK the safest place in the world to be online," she said.

More on Ofcom's shoulders

Enforcement of the Online Safety Bill will primarily fall to the communications regulator, Ofcom.

The regulator will have the authority to impose fines, which could amount to as much as £18 million or 10% of an offenders' annual global turnover, whichever is higher, as a punitive measure.

In certain cases, executives could potentially face jail time, an amendment added in January this year.

Dame Melanie Dawes, chief executive of Ofcom, hailed the bill's progress through parliament as "a major milestone" in establishing a safer online environment for children and adults in the UK.

"Very soon after the Bill receives Royal Assent, we'll consult on the first set of standards that we'll expect tech firms to meet in tackling illegal online harms, including child sexual exploitation, fraud and terrorism," she added.

A suite of changes

The Online Safety Bill has undergone significant changes since its initial proposal over four years ago.

Last year the legislation's focus shifted dramatically, moving away from addressing "legal but harmful" content and placing greater emphasis on child protection and the removal of illegal content.

The bill has gathered extensive support from various quarters, including charities like the NSPCC and safety groups such as the Internet Watch Foundation (IWF).

Additionally, bereaved parents who blame harmful online content for their child's death have expressed their support for the bill.

"It is a momentous day for children and will finally result in the ground-breaking protections they should expect online," NSPCC chief executive Sir Peter Wanless said.

Critics, however, contend that it grants significant authority to both the regulator and tech companies, potentially allowing them to determine what can or cannot be expressed online.

Campaigners like the Open Rights Group are concerned that the bill threatens freedom of expression.

Some messaging platforms, including Meta's WhatsApp, have opposed a provision in the law that they argue could compel them to compromise end-to-end encryption.

The government has asserted that the bill does not outright ban end-to-end encryption, and instead aims to mandate that companies take steps to prevent child abuse on their platforms.

As a last resort, if necessary, the government has suggested that companies might be required to develop technology capable of scanning encrypted messages to identify and report instances of child abuse - technology that does not yet exist.

"The Online Safety Bill is not perfect but its passage through Parliament is hugely welcome and it will now finally become law," said Martina Larkin, CEO of Project Liberty.

"Now attention has to turn towards implementation, and the role technology plays in ensuring the bill is effective and its aims are possible. For a start, this requires a complete shift in power between big tech and their users.

"Social media has too long operated as an advertising business - with the tech companies motivated to keep us addicted, polarising and inflaming users, and sharing inappropriate content with children, all so they can sell our attention for marketing purposes.

"It is vital that we have the laws and regulations to protect us online, especially the most vulnerable users. Now we need to use the technology available that will build a better web."