The Online Safety Bill is designed to protect children and adults online by making social media companies responsible for their users’ safety. Helen Povah, public sector client management director at Aon, explains what it covers and the implications for public sector organisations.
The Online Safety Bill is a far-reaching set of laws that will make social media companies responsible for their users’ safety on their platforms. Alongside new requirements around risk assessments and the removal of illegal content, it will introduce a fine of up to £18m for companies that do not protect their users.
The bill, which is expected to return to parliament this summer, will apply to social media platforms, search engines and other apps and websites that allow users to post their own content.
They will be responsible for protecting their users in a number of different ways including removing illegal content; removing content that is banned by their own terms and conditions; and empowering adults with tools that enable them to tailor the type of content they see.
Additional measures are proposed for protecting children including enforcing age-limits and age-checking measures; preventing children from accessing harmful and age-inappropriate content; and providing clear and accessible ways to report problems online.
Service categories, responsibilities and penalties
Under the proposals, services will be categorised – Categories 1, 2A and 2B – depending on the type of service, the number of users and the functionalities of the service, and the regulator, Ofcom, will be responsible for keeping a register of each regulated service and its category.
The category will also determine what duties the service will need to comply with, with category 1 having to follow additional duties.
Where a service is likely to be accessed by children, the provider will need to adhere a duty to protect them and carry out a children’s risk assessment. This should consider factors such as the age profile of users; the level of risk of children encountering harmful content; the nature of the harm they might encounter; how the service is use; and whether the way the service operates may affect the risk.
Ofcom will have significant powers as the internet regulator, including moderation of content and the blocking of non-compliant sites. It will also have the power to fine companies that do not comply, with penalties of up to 10% of the service’s annual global turnover (capped at £18m) proposed in the bill.
Public sector implications
Although the proposals are aimed squarely at social media companies, it is prudent for public sector organisations to consider how the new requirements might affect them.
As an example, where an organisation uses social media to provide information to the public, for instance a Facebook page or an Instagram account, is there a danger of inappropriate and harmful use? Running a risk assessment across an organisation’s online presence can help to identify any potential issues.
It’s also prudent to assess the measures suppliers have in place to ensure user safety. In many cases this will be an extension of the information already being collected around data protection.
There could also be ramifications for the messaging platforms that public sector organisations use. Under the Online Safety Bill, the government could require messaging platforms to apply content moderation policies that would necessitate the removal of end-to-end encryption.
As refusal to comply with this could bring a significant fine, WhatsApp and Signal have both said they would rather pull out of the UK than weaken encryption.
Checking your organisation’s exposure to these types of providers is prudent. And, while public sector organisations are likely to be outside the scope of the Online Safety Bill, those with a responsibility for child protection will benefit from being well-versed in its proposals. Understanding the responsibilities social media companies will have and the nature of online risks, will enable organisations to identify potential issues and ensure the right support and protection is in place.
More information
To find out more about these and how the Online Safety Bill could affect the public sector, speak to your account manager or contact Helen Povah at [email protected].