Online Harms Regulation ' Sanctions But Not Criminal Liability?

• Published date: 24 November 2020
• Subject Matter: Criminal Law, Crime
• Law Firm: BCL Solicitors LLP
• Author: Ms Greta Barkle

In April 2019, the UK published an Online Harms White Paper proposing a broad new statutory duty of care for social media companies and platform providers to tackle widespread concerns about a host of online issues, from terrorist and child sexual abuse content to cyber bullying and trolling. More than 18 months on, BCL's Greta Barkle asks where have the proposals got to?

When first introduced, the Government's innovative plans received widespread attention. The proposed statutory duty of care would require those affected (said to be fewer than 5% of UK businesses) to take reasonable steps to keep users safe, and prevent others coming to harm as a direct consequence of activity on their services.

Following subsequent public consultation however, legislative momentum appeared to wane. The Government's only visible progress towards achieving its aim of becoming the "safest place in the world to be online" was an initial consultation response released in February 2020. Criticised as tepid, the response was brief; a summary of the clear themes amongst the 2,400 consultation responses and bland assurances that close attention would be paid to each. Unsurprisingly, at the top of that list of themes, was how the White Paper's proposals would impact online freedom of expression.
A year and a half after the White Paper's release, the Minister of State for Digital and Culture in the Department for Digital, Culture, Media and Sport has indicated the Government's full consultation response will be released "within weeks" with a Bill following early next year.

Ending concerns that enforcement measures in the White Paper were set to be watered down, the Minister firmly denied this would be the case, and indeed promised quite the opposite, with the protection of children being "at the very heart of our approach to tackling online harms."
The Minister assured listeners that the new online harm regulator would, as planned, have the power to block internet service providers, shutting down social media sites guilty of serious breaches of their statutory duty of care. She also confirmed that senior company managers would be held...