Government's Reaction to UK's Public Discussion on the Online Risk Document for Social Media and Internet Services
The UK government has published its "Online Harms White Paper" in April 2019, aiming to promote free speech, make the UK the world's safest online space, and foster growth for digital businesses. However, the proposal has sparked concerns among experts and companies alike, with some arguing that it could limit access to information and damage freedom of expression for millions of users.
The proposal suggests a regulatory body, referred to as an "online sheriff," to regulate content and activity on the Internet. This body would have the power to impose severe sanctions for non-compliance, including personal and criminal liability on senior management. The scope of the proposal is broad, covering various types of Internet companies, including social media platforms, file hosting sites, public discussion forums, messaging services, and search engines.
However, the proposal's vague definition and overly broad scope could expose companies to greater risk and uncertainty online. Critics argue that the proposal may not adequately address the complexities and nuances of the online environment, potentially leading to unintended consequences for free speech and access to information. The proposal does not describe what a "proportionate approach" would mean in practice for the online regulator, adding to the confusion.
The Center for Data Innovation, in response to the UK government's open consultation on the "Online Harms White Paper," expressed concerns about the potential impact on free speech and innovation. The creation of an online sheriff is a potential threat to access to information and free speech due to a lack of checks and balances in the decision-making process. The proposal's focus on regulating the Internet may overlook the underlying causes of online harms, potentially failing to address the root issues.
Moreover, the proposal's definition of "online harms" is too broad, potentially outlawing protected speech in Western democracies. If implemented, the proposal could restrict legitimate online content without due process, a concern shared by many experts and organisations.
Companies, due to the proposed sanctions, may significantly self-censor and slow innovation as a result. The proposal also imposes liability on companies for content they host, cache, or transmit, increasing uncertainty in the online environment. The lack of clarity and specificity in the proposal may contribute to uncertainty and risk for companies operating online.
The UK government's proposal follows a series of controversial attempts by EU policymakers and member states to implement rules for the Internet, such as the EU copyright directive, the EU online terrorist content proposal, the German law on hate speech, and the French law on disinformation. As the debate around online regulation continues, it remains crucial to strike a balance between protecting users from harm and preserving the principles of free speech and innovation.
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