this content had been found and flagged by Facebook before the content had been reported by users.[1]
282. It has been clear for some time that there needs to be a robust legislative framework in place to ensure CSPs are properly regulated when it comes to tackling online terrorist content and activity, as well as other areas such as child sexual exploitation and abuse (CSEA).
283. In April 2019, the Government launched a public consultation on the Online Harms White Paper, which set out to "protect users online through the introduction of a new duty of care on companies and an independent regulator responsible for overseeing this framework".[2] It announced that the Home Office would be jointly leading on this Online Harms work with the Department for Digital, Culture, Media and Sport (DCMS). The consultation ran from 8 April 2019 to 1 July 2019, and included the prospect of new legislation:
The overarching principle of the regulation of online harms is to protect users' rights online . . . safeguards for freedom of expression have been built in throughout the framework. Reflecting the threat to national security, companies will be required to take particularly robust action to tackle terrorist content.
284. On 12 February 2020, the Government published its initial response to the consultation, noting that it was minded to make Ofcom the new Online Harms regulator, on the basis that it had existing expertise in the field, already had relationships with many of the major players in the online arena, and had received the endorsement of some of those organisations that had responded to the consultation.
285. In June 2020, Homeland Security Group provided an update to the Committee on their role in taking the Online Harms legislation forward:
We have been working with DCMS (with whom we jointly lead on this legislation) to draft the full Government response to the White Paper. This will be published in the autumn, alongside interim codes of practice for terrorist and CSEA content and activity. These have been developed in conjunction with law enforcement and UKIC [UK Intelligence Community]. We are preparing to instruct Parliamentary Counsel to draft legislation to deliver this regulatory framework, which we hope to introduce to Parliament next year.[3]
Homeland Security Group advised that their role in developing this legislation has in particular focused on the policy around Preventing Terrorist Use of the Internet (PTUI). They have also begun engagement with Ofcom (specifically on building its capability, and policy development).
- ↑ HMG, Online Harms White Paper, Initial Consultation Response, 12 February 2020, www.gov.uk/government/consultations/online-harms-white-paper-initial-consultation-response
- ↑ HMG, Online Harms White Paper, Initial Consultation Response, 12 February 2020, www.gov.uk/government/consultations/online-harms-white-paper-initial-consultation-response
- ↑ Homeland Security Group Quarterly Report, 1 April 2020-30 June 2020.
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