Deloitte Internet Regulation Updater

On 5 December 2022, the UK Online Safety Bill (OSB) returned to the House of Commons for proposed amendments to be debated.

Key amendments which were agreed include:

• Establishing a new offence of “epilepsy trolling” - sending or showing flashing images electronically to people with epilepsy intending to cause them harm.
• Updating the powers and duties of the UK regulator of the OSB, Ofcom (Office of Communications), including -
  • Expanding Ofcom’s powers in relation to warning notices to deal with terrorism content or CSEA content including adding that a notice can require a provider to use their best endeavours to develop or source technology to identify and take down CSEA content and to prevent individuals from encountering CSEA content (the regime previously just referred to requiring the use of accredited technology).
  • Requiring Ofcom to publish a report on the impact of the OSB on the availability and treatment of news publisher and journalistic content on certain regulated services.
  • Giving Ofcom the power to require a person to whom a confirmation decision or penalty notice has been given to publish details relating to the decision or notice or to otherwise notify service users of those details.

Not all proposed amendments were debated. The Bill will go to Committee stage next week, for consideration of the remaining amendments, to conclude by 15 December 2022. The Culture Secretary called out certain proposed amendments that she said ‘make[s] recommittal necessary’, including:

• New duties on online platforms in relation to enforcing age limits to protect children, the suggestion being that practically online platforms will need to show that they have measures in place to prevent underage users from accessing their sites.
• Requirements on online platforms to publish summaries of their risk assessments relating to illegal content and child safety to ensure greater transparency for parents.

One of the most controversial aspects of the Bill have been the requirements relating to ‘legal but harmful ‘content for adults. The Government’s proposed removal of those obligations will also be discussed at the Committee stage. The Culture secretary explained the concerns that these provisions created “a quasi-legal category—a grey area—and would have raised the very real risk that to avoid sanctions, platforms would carry out sweeping take-downs of content, including legitimate posts, eroding free speech in the process.” The Culture Secretary emphasised that the OSB would contain a ‘triple shield’ which ‘puts accountability, transparency and choice at the heart of the way we interact with each other online. If it is illegal, it has to go. If it violates a company’s terms and conditions, it has to go. Under the third and final layer of the triple shield, platforms must offer users tools to allow them to choose what kind of content they want to see and engage with.’

Amidst concerns that the OSB may run out of parliamentary time, the Culture Secretary reassured the House that the Government aims to ensure that the OSB is finalised by the end of this parliamentary session (in the Spring). However, after the extra Committee stage and reading, the Bill still has to go through the House of Lords and timing is tight. We will be monitoring further progression of the OSB and provide updates in due course.

If you would like to speak to the Deloitte team supporting clients on complying with the OSB and other evolving global internet regulations, please contact:

Joey Conway, Internet Regulation Partner, Legal Lead

Nick Seeber, Internet Regulation Lead Partner

Jessica Withey, Internet Regulation Director, Legal

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