UK Internet Censorship

Ofcom writes:

Ofcom is seeking evidence to inform our codes of practice and guidance on the additional duties that will apply to some of the most widely used online sites and apps -- designated as categorised services - under the Online Safety Act.

Under the new laws, all in-scope tech firms must put in place appropriate safety measures to protect users from online harms. In addition, some online services will have to comply with extra requirements if they fall into one of three categories, known as Category 1, 2A or 2B.

These extra duties include giving users more tools to control what content they see, ensuring protections for news publisher and journalistic content, preventing fraudulent advertising and producing transparency reports. Different duties apply, depending on which category a service falls into.

The Act requires us to produce codes of practice and guidance outlining the steps that companies can take to comply with these additional duties. We are inviting evidence from industry, expert groups and other organisations to help inform and shape our approach. A formal consultation on the draft codes and guidance will follow in 2025, taking account of responses to today's call for evidence. Advice to Government on categorisation thresholds

Alongside this, we have also today published our advice to Government on the thresholds which would determine whether or not a service falls into Category 1, 2A or 2B. We advise that:

Category 1 (most onerous): should apply to services which meet either of the following conditions:

• Condition 1 - uses a content recommender system; and has more than 34 million UK users on the user-to-user part of its service, representing around 50% of the UK population;

• Condition 2 - allows users to forward or reshare user-generated content; and uses a content recommender system; and has more than 7 million UK users on the user-to-user part of its service, representing circa 10% of the UK population.

Category 2A: should apply to services which meet both of the following criteria:

• is a search service, but not vertical search service

• has more than 7 million UK users on the search engine part of its service, representing circa 10% of the UK population.

Category 2B: should apply to services which meet both of the following criteria:

• allows users to send direct messages;

• and has more than 3 million UK users on the user-to-user part of the service, representing circa 5% of the UK population.

Taking our advice into consideration, the Secretary of State must set the threshold conditions in secondary legislation. Once passed, we will then gather information, as needed, from regulated services and produce a published register of categorised services.

Abusers, trolls, and predators online now face a fleet of tough new jailable offences from Wednesday 31 January, as offences for cyberflashing, sending death threats, and epilepsy-trolling are written into the statute book after the Online Safety Act gained Royal Assent.

These new criminal offences will protect people from a wide range of abuse and harm online, including threatening messages, the non-consensual sharing of intimate images known as revenge porn, and sending fake news that aims to cause non-trivial physical or psychological harm.

Dubbed Zach's law, a new offence will also mean online trolls that send or show flashing images electronically with the intention of causing harm to people with epilepsy will be held accountable for their actions and face prison.

Following the campaigning of Love Island star Georgia Harrison, bitter ex-partners and other abusers who share, or threaten to share, intimate images on or offline without the consent of those depicted will face jail time under new offences from today.

Those found guilty of the base offence of sharing an intimate image could be in prison for up to 6 months, or 2 years if it is proven the perpetrator also intended to cause distress, alarm or humiliation, or shared the image to obtain sexual gratification.

Cyberflashing on dating apps, AirDrop and other platforms will also result in perpetrators facing up to two years behind bars where it is done to gain sexual gratification, or to cause alarm, distress or humiliation.

Sending death threats or threatening serious harm online will also carry a jail sentence of up to five years under a new threatening communications offence that will completely outlaw appalling threats made online that would be illegal if said in person.

A new false communications offence will bring internet trolls to justice by outlawing the intentional sending of false information that could cause non-trivial psychological or physical harm to users online. This new offence will bolster the government's strong commitment to clamping down on dangerous disinformation and election interference online.

In the wake of sickening content, often targeted at children, that encourages users to self-harm, a new offence will mean the individuals that post content encouraging or assisting serious self-harm could face up to 5 years behind bars.

While much of the Online Safety Act's protections are intended to hold tech companies and social media platforms to account for the content hosted on their sites, these new offences will apply directly to the individuals sending threatening or menacing messages and bring justice directly to them.

Some of the offences that commence from today will be further bolstered too, when the wide-ranging Criminal Justice Bill completes its passage through Parliament.

Conservative MP Miriam Cates (Penistone and Stocksbridge) was among Tory backbenchers who said age ratings used by video on-demand platforms should be mandated to use either British Board of Film Classification (BBFC) or equivalent standards.

The Tory MP, a member of the right wing New Conservatives faction, told the Commons the watershed for adult content has become increasingly redundant in the streaming era as MPs continued their consideration of the Media Bill, which aims to impose broadcast TV censorship rules on internet streaming companies. Cates said:

We urgently need to apply the same standards of child protection to on-demand video as we do to cinema releases, physical DVDs and linear TV.

She warned the current position of the Bill is to shy away from setting that minimum standard for age ratings, and said Netflix and Amazon Prime have both voluntarily set up partnerships to include BBFC ratings on their content. But the reluctance of Disney Plus and others to follow suit shows why this kind of regulation is needed, she said.

Gary Streeter, the Conservative MP for South West Devon, tabled an amendment to the Media Bill setting out objective criteria for age ratings, targeted at streaming services like Disney.

While he commended Netflix, Apple and Amazon for using BBFC ratings, he added:

The current ratings free-for-all has seen Disney Plus classify scenes of sexual abuse as suitable for nine-year-olds, scenes of graphic misogynistic violence or offensive antisemitic stereotypes as suitable for 12-year-olds, and that is lower than they classify some of their Star Wars or superhero content.

The UK Government's Department for Science, Innovation, Technology and Censorship has called for evidence to inform the final recommendations of its 'Independent' Pornography Review. The government writes:

The government wants to ensure that any legislation and regulation operates appropriately for all pornographic content, and that the criminal justice system have the tools they need to respond to online illegal pornographic material, and exploitation and abuse in the industry.

The Independent Pornography Review involves a comprehensive assessment of the legislation, regulation and enforcement of online and offline pornographic content, and is overseen by Independent Lead Reviewer Baroness Gabby Bertin.

The review will take an evidence-based approach to develop a range of recommendations on how to best to achieve the review's objectives:

• understand the prevalence and harmful impact of illegal pornography online, and the impact on viewers of other forms of legal pornography, including emerging themes like AI-generated pornography, and the impact on viewer's attitudes to violence against women and girls;

• assess the public's awareness and understanding of existing regulation and legislation of pornography;

• consider the current rules in place to regulate the pornography industry, comparing online and offline laws;

• determine if law enforcers and the justice system are responding to illegal pornography sufficiently, and if change is needed;

• find out how prevalent human trafficking and exploitation is in the industry, before recommending how to identify and tackle this;

• use this knowledge to set out what more can be done to provide those who need it with guidance on the potential harmful impact of pornography.

To ensure the review's final recommendations are robust, it is important that a broad range of views and evidence are considered. This call for evidence invites:

• members of the public

• the government

• subject matter experts

• organisations

to contribute to the review.

The call for evidence closes on 7 March 2024.