Ofcom’s regulatory powers are widened

It was announced this month that the regulator Ofcom will have its powers widened to include regulating the internet.

Currently, Ofcom only regulates television and radio, but not internet safety. However, the Government have decided that going forward, Ofcom will be able to ensure social media companies take action in relation to harmful content. This is the government’s first response to a consultation unveiled in April 2019; the Online Harms white paper.

The new rules will only apply to social media firms which host user-generated content, such as Tiktok, Facebook, Twitter, Snapchat and YouTube. Until now, these firms have been predominantly self-regulating.

Under the proposals, there are broadly two sets of requirements. First, platforms will be given targets for removing harmful content, as well as preventing the posting of harmful content in the first place. There will be a specific focus on child sexual abuse, glorified self-harm or suicide, as well as terrorist content.

Secondly, platforms will be required to publish explicit statements detailing the content and behaviour they will and will not tolerate on their sites. Ofcom will then make certain that the platforms consistently enforce their own terms of service. The internet platforms will need to publish annual transparency reports too. The reports will have to set out what harmful content has been removed and how the platform is continuing to meet its standards.

The government has made clear that executives at internet firms that fail to protect users from harmful and illegal online content may face hefty fines or even prison sentences.

Advocates of the new approach would say that having an independent regulator is vital in order to keep internet users safe, and that it is right that the internet platforms themselves should be responsible for bearing the burden of guaranteeing an appropriate level of safety.

On the other hand, smaller tech companies and tech start-ups have cautioned that the changes will place huge burdens on smaller businesses and may stifle innovation and growth within the internet sphere.

There will now be a period of lobbying in which internet platforms will no doubt want to try to limit the burdens placed on them by any new legislation.