Rosalind Evans
British legislators have greenlighted a forward-thinking yet divisive internet safety law, which grants extensive authority to regulate digital platforms like TikTok, Google, and Meta (Facebook and Instagram’s parent company).
The British government asserts that this newly adopted online safety bill will position the UK as the globe’s most secure online space. However, digital rights advocates argue it could endanger online privacy and free speech.
This legislation is the UK’s response to global efforts, particularly in Europe, to regulate the largely unchecked tech sector predominantly led by U.S. enterprises. The European Union has introduced its Digital Services Act recently, which bears resemblances and aims to enhance social media user experiences across its 27 member states.
An Overview of the UK’s New Regulations:
1. Understanding the Online Safety Law:
This comprehensive legislation has been under development since 2021.
– The law mandates that social media outlets eliminate illegal content such as child abuse, hate speech, terroristic content, revenge pornography, and self-harm promotions. Furthermore, platforms are expected to prevent such content from emerging and grant users enhanced controls, like the ability to block anonymous harassers.
– It adopts a firm stance on child protection, holding platforms accountable for their online safety. Platforms will be obligated to restrict kids from viewing potentially harmful or age-inappropriate content.
– It compels social media to validate users’ ages, generally 13, and adult sites to ensure users are 18.
– The legislation criminalizes specific online behaviours, like unsolicited explicit image sharing.
2. Consequences for Non-Compliance by Tech Companies:
Regardless of its origin, the law will apply to any online platform accessible to UK users. Non-compliance could lead to penalties up to £18 million ($22 million) or 10% of global annual revenues, depending on which is higher.
Tech firm executives could face criminal charges and potential incarceration if they neglect UK regulatory information requests. Legal action could also ensue if companies neglect regulators’ alerts regarding child abuse or exploitation.
Ofcom, the national communications regulator, will supervise the law’s implementation. Initially, the focus will be on illicit content, followed by a gradual enforcement process.
However, clarity on detailed enforcement remains awaited.
3. Criticisms and Concerns:
Digital rights activists believe certain law provisions could jeopardize online liberties.
Entities like the UK’s Open Rights Group and the U.S.’s Electronic Frontier Foundation highlighted concerns about potential mandatory user age verification through official IDs or invasive facial scans.
Another contentious point is the law’s stance on encryption. It empowers regulators to demand encrypted messaging services to use “certified technology” to sift through encrypted texts for extremist or child abuse material, which some claim could create communication vulnerabilities.
Last month, Meta expressed intentions to default to end-to-end encryption for all Messenger conversations by year-end. The UK government, however, has urged Meta to reconsider without adequate child protection measures.
The UK’s new online safety law marks a significant step in the evolving landscape of digital regulation, aiming to strike a balance between user safety and freedom of expression. As countries globally grapple with the challenges posed by rapidly advancing technologies and their societal implications, the UK’s approach will likely serve as a reference point for future discussions on digital rights and responsibilities. It remains to be seen how these regulations impact user behaviour, platform policies, and the broader global tech landscape.
