Government announces final details of the Online Safety Bill
Government has introduced the Bill to Parliament – read about what’s changed, how firms will be impacted, and next steps
The government introduced the long anticipated Online Safety Bill to Parliament on 17 March. The Bill will give businesses more legal responsibility to tackle harm online and will impact businesses across the UK from SMEs to large retailers hosting online reviews and online technology platforms.
This landmark legislation is important and necessary to keep people safe online – and businesses wholeheartedly back this ambition. Firms know they have a vital role to play in online safety. With at least 24,000 businesses in scope, this Bill will have a significant impact.
The goal should be to make the UK an international leader, not an outlier, in both delivering online safety and shaping the future of the internet. The Bill also presents an opportunity for the UK to lead globally on digital regulation and done right, help the UK Go for Growth this year by stimulating innovation and making the UK the best place to grow a digital business.
The CBI has long called for a strategic and proportionate approach to digital regulation that builds trust in technology, following extensive engagement with members, and has inputted recommendations to government and the pre-legislative scrutiny process as the Bill was developed.
What is in the final Bill?
The Bill includes some significant updates. Some are in line with what we were expecting and businesses will welcome the intention to have a world-leading system for regulating content online. But there are also some changes that raise red flags for firms and are likely to cause challenges for implementation. Key takeaways from the Bill include:
Companies in scope
All websites that host user-generated content as well as search services are in scope of the Bill
All regulated services in scope of the Bill will have legal obligations to tackle online harm. They will have to comply with Ofcom’s guidance and codes of practice to tackle illegal content and content harmful for children
Ofcom will issue guidance on risk assessments which businesses will have to return within three months
Companies in scope will be split into three categories
There are further duties for Category 1 companies:
- Category 1 companies will include the highest reach and risk platforms. These businesses will have additional duties to other platforms – such as providing the option for users to verify their identity.
- Category 2A refers to search services
- Category 2B includes lower risk user to-user services
The protection of journalistic content has been acknowledged in the Online Safety Bill and provisions have been set out to ensure that the free expression of news publisher content in the UK is protected
Some of the services exempt include email, SMS, MMS and internal business services.
Content in scope
The Bill will create new priority illegal content offences such as harassment, fear or provocation of violence. Cyber-flashing has also been brought in scope and been made a criminal offence
- Paid-for advertising on social media platforms and search engines is now in scope of the Bill and listed as a new priority offence.
Legal but harmful content
Businesses will not be required to make decisions on what constitutes legal but harmful material, but will have to tackle legal but harmful content determined by Parliament
The agreed categories of legal but harmful content will be set out in secondary legislation and subject to approval by both Houses of Parliament. In addition, the largest online platforms will have to make tools available which would allow adult users to choose if they would like to be exposed to any legal but harmful content.
Requirement to use proactive technology
One significant change in the Online Safety Bill is the additional requirement for category 1 businesses to use proactive technologies for ‘illegal content, harmful content towards children and fraudulent advertising’. Ofcom will not be able to recommend that these technologies are applied on private messaging
Proactive technology is defined in the Bill as content moderation technology, user profiling technology or behaviour identification technology. For example this includes algorithms and image classification.
Enforcement and criminal liability
Ofcom will be granted the power to prosecute executives of companies who fail to cooperate with information requests issued by Ofcom. Senior managers are also now liable for criminal offences id they are seen to destroy evidence or provide false information in interviews with Ofcom.
Other changes
Cases of child sexual exploitation and abuse content must by law be reported by online platforms to the National Crime Agency (NCA)
Users will have the right to appeal to platforms if they think their posts have been taken down unfairly.
Requirements will be placed on sites which contain pornographic material to verify that users of their site are over the age of 18.
This bill is incredibly complex and we are looking forward to working with businesses as we digest and comb through the detail over the coming days. Improving safety online is a shared responsibility for business, government and society. Ultimately, success relies on regulation that is feasible, proportionate and future-focused. Ensuring the Bill is workable for companies to implement is essential and we are working with policymakers to make this happen as the Bill moves through Parliament.
Next steps
Now the Bill has been introduced to Parliament this is just the beginning of the process. The Bill had its first reading on 17 March and the date has yet to be announced for the second reading – we’re expecting this in the next few weeks. The CBI will continue to engage with Parliament as the Bill progresses to ensure business views are heard. If you are interested in following the Bill through Parliament, you can do so by clicking here.
More details and ways to get involved
- Read the final Bill and explanatory notes
- Share your reactions and concerns on the final Bill. Please contact Ellen Rose-Senior
- We will be providing regular updates to the CBI Digital Regulation Working Group as the Bill passes through Parliament – please contact Ellen to sign up.
