The UK's contentious Online Safety Bill, aimed at enhancing online safety for children, has been granted Royal Assent, becoming law. Under this law, social media platforms are now mandated
to proactively prevent and swiftly remove illegal content, including materials related to terrorism and revenge pornography, to protect young users from harmful online content. However, this move may lead to WhatsApp's potential ban in the UK.
WhatsApp, a popular messaging service, has consistently asserted that it would prefer to exit the UK instead of compromising its security to conform to the legislation's effort to ban 'end-to-end' encryption. This encryption feature ensures that only the sender and recipient can read messages, safeguarding user privacy.
The Online Safety Bill aims to enforce rules on social media and user-generated content platforms, compelling them to eliminate illegal content, with a particular focus on shielding children from harmful materials. Major platforms like Facebook, Instagram, and Twitter must address categories of 'legal but harmful' content, which may involve issues such as promoting self-harm or eating disorders. Under this new law, all relevant platforms must locate and delete illegal content and maintain clear and robust terms and conditions.
The regulation authorizes significant fines for non-compliance, potentially reaching billions of pounds for major services. The act establishes communications regulator Ofcom as the new regulatory authority overseeing these measures.
WhatsApp has raised concerns regarding its 'end-to-end' encryption, making it unable to fulfill law enforcement requests to provide access to encrypted materials containing child abuse or other illegal content. To comply with the law, WhatsApp contends it would need to weaken its security, affecting user privacy in the UK and worldwide. WhatsApp's user base is overwhelmingly outside the UK, and the majority of users oppose compromising the product's security.
Despite WhatsApp's reluctance to compromise security, Technology Secretary Michelle Donelan has lauded the new law, emphasizing its potential to make the UK "the safest place to be online in the world." The act requires pornography websites to verify user ages to prevent children from accessing explicit content. Social media platforms must demonstrate their commitment to removing illegal content, including child sexual abuse, self-harm promotion, and extreme sexual violence. The legislation also grants adults greater control over their online experience and requires platforms to be transparent about children's online safety risks through risk assessments.
Failure to comply with the law may result in fines of up to £18 million or 10% of a company's annual global revenue. In extreme cases, tech executives may even face imprisonment.
This legislation has raised considerable controversy, especially concerning the power to compel messaging services like WhatsApp to disclose encrypted content suspected of containing child abuse material or other illicit content. The 'end-to-end' encryption feature of WhatsApp prevents it from accessing its users' messages, making the legal demands challenging to meet. Nevertheless, the UK government asserts that both privacy and child safety can coexist.
The law will commence the majority of its provisions in two months, with Ofcom immediately initiating efforts to address illegal content. A consultation process will begin on November 9.
Online Safety Act Lauded for Child Protection
The Home Secretary Suella Braverman has praised the Online Safety Act, asserting that it delivers a clear message to criminals that there will be no sanctuary for their crimes, be it online or in any other domain. This legislation prioritizes the safety of children and holds social media companies accountable for child sexual abuse occurring on their platforms. It aims to combat child sexual exploitation and promote the safety of children online.
Ofcom Chief Executive Dame Melanie Dawes is expected to introduce the new law's powers in the coming weeks. The law will help create a safer online environment for both children and adults in the UK.
Barnardo's Chief Executive Lynn Perry commended the Act as a crucial first step toward making the UK the safest online space for children. She especially highlighted the legislation's duty on pornography websites to confirm users' ages to prevent children from accessing harmful content.
NSPCC Chief Executive Sir Peter Wanless described the passing of the Act as a watershed moment, ensuring the fundamental safety of children across the country. He emphasized the importance of stringent child protection in online regulation.
Consumer website Which?'s Director of Policy and Advocacy, Rocio Concha, praised the Online Safety Act for empowering consumers with stronger protections against fraudulent online advertisements that can have serious financial and emotional consequences. The Act compels tech companies to take more responsibility in curbing fraudulent online advertisements, with Ofcom developing codes of practice to uphold higher standards. Sanctions, including fines, will be imposed if firms violate the law. Photo by Santeri Viinamäki, Wikimedia commons.