The Online Safety Bill is set to become law after peers passed the controversial legislation which places new duties on social media and technology companies to protect children and other users from harmful and illegal content.
The bill, which the government says will make the UK the safest place online, places new obligations on technology companies, backed with the threat of fines and criminal sanctions, to remove illegal content from their platforms or to prevent it from being posted.
Its most controversial provision gives the communications regulator, Ofcom, powers to require technology companies to use “accredited technology” to scan the contents of encrypted email or messaging services for illegal child abuse content – a move that critics say cannot be achieved without fundamentally weakening encryption.
Zero-tolerance to internet ‘wild west’
Technology Secretary Michelle Donelan, comparing the internet to the “wild west” said that the bill would protect children from illegal, harmful and age inappropriate material that could put their lives and mental health at risk.
“The bill has a zero-tolerance approach to protecting children, meaning social media platforms will be legally responsible for the content they host and keeping children and young people safe online,” she said.
The bill will place new obligations on technology to prevent children viewing posts promoting self-harm, to enforce age limits and age verification.
Technology companies will also be required to block fraudulent advertisements and scams, posts that promote animal cruelty and torture, and provide users with options to block harmful content such as bullying.
The government has also said that technology firms will be required to remove video footage that shows people crossing the Channel in small boats “a positive light” or other material that will encourage illegal immigration.
There are also provisions in the bill to make it easier to convict people who share intimate images or artificially created deep fake images or videos without consent.
Ofcom will have powers to fine companies that do not comply up to £18 million or 10% of their annual turnover, which ever is the largest, which means fines for the biggest platforms could run into billions.
Encryption controversy
As the bill passed through the Lords yesterday, the Home Secretary Suella Braverman launched a campaign to put pressure on the social media group, Meta, to halt its plans to offer encrypted messaging services on Instagram and Facebook.
Messaging companies, including WhatsApp, Signal, and encrypted email service provider Proton, have warned that powers in the bill could require them to scan encrypted messages, could have detrimental impact for security and privacy.
Meredith Whittaker, president of Signal wrote on X, formerly Twitter, that the company would never undermine encryption and the privacy promises it makes to users.
“Our position remains firm: we will continue to do whatever we can to ensure people in the UK can use Signal. But if the choice came down to being forced to build a backdoor, or leaving [the UK], we’d leave,” she wrote.
The civil society group, Index on Censorship said that it relied on encryption to protect the safety of people it assists in dictatorships around the world.
“The Home Office’s long-standing war on encryption is misguided and opens us up to new threats. Encryption keeps our private messages safe. It means journalists can communicate with whistleblowers, that MPs can message constituents (and each other),” a spokesperson said.
James Baker, campaigns manager at the Open Rights Group, said that the bill’s powers to require companies to introduce technology to scan encrypted messages could harm journalists and whistleblowers, as well as domestic violence survivors, parents and children who want to keep their communications secure from online predators and stalkers.
“No one disputes that tech companies could do more to keep children safe online but the Online Safety Bill is an overblown legislative mess that could seriously harm our security by removing privacy from internet users. The Bill will also undermine the freedom of expression of many people in the UK,” he said.
Wikipedia questions future in UK
The non-profit Wikimedia foundation, which hosts the online encyclopedia, Wikipedia, warned that the bill could threaten the ability of Wikipedia to operate in the UK.
The company said in a statement that the bill’s requirements invalidate Wikipedia’s volunteer-led model for creating and moderating content.
Rebecca McKinnon, VP of global advocacy suggested that Wikipedia might not survive in the UK in its current form.
“It is simply inconceivable to imagine the UK without access to Wikipedia, the world’s largest online knowledge repository. The Online Safety Bill’s passage may be the end of a chapter, but we are determined that it will not be the end of our story in the UK,” she said.
Major milestone
Ofcom’s chief executive, Melanie Dawes, described the bill’s passage as a “major milestone”.
The regulator said it will start consulting over the introduction of standards that tech companies will be required to meet once the bill receives Royal Assent.
The regulator said it will take a phased approach to bring the bill into force starting with standards for tech companies to tackle illegal online harms, including child abuse, fraud and terrorism.
The government has provided Ofcom with pre-legislative funding, which has allowed it to hire over 300 staff from technology companies, other regulators and law enforcement.