Key Facts

• Ofcom will have power to direct companies to use accredited technology to identify and remove child sexual exploitation and abuse (CSEA) content.
• The Internet Watch Foundation provides “hashes” of previously identified CSEA material to prevent upload on platforms.
• PhotoDNA, created in 2009 by Microsoft and Professor Hany Farid, enables detection even when images are digitally altered with a failure rate of one in 50 billion to 100 billion.
• The NSPCC has raised concerns about proactive scanning.
• Ofcom is allowed to take action against individual providers under clause 83.
• A risk register or notice serving multiple companies with common functionalities could be considered.
• Amendment 36 requires Ofcom to consider the presence of harmful content.
• Amendment 37 adds a requirement for Ofcom’s risk assessment to include risks to adults and children from illegal content.
• Amendments 39, 40, and 38 are similar to amendments 36 and 37 but apply to different clauses in the bill.
• Amendments 35, 36, 39, and 40 aim to replace 'prevalence' with 'presence'.
• Amendment 37 seeks to widen Ofcom's criteria when deciding on section 103 powers.
• Clause 104(2)(f) already requires Ofcom to consider the risk of harm in the UK.
• Clause 107 requires Ofcom to issue guidance on identifying harmful content.
• Clause 108 mandates Ofcom's annual reporting.
• Clause 109 ensures definitions of terrorism and child sexual exploitation content are consistent across the bill.
• The Online Safety Bill includes provisions for Ofcom to fine organisations that fail to prevent harm online.
• Victim-support organisations argue for independent advocacy and funding support from penalties levied on platforms violating safety rules.
• Maria Miller proposes a hypothecation of financial penalties into a fund for victim support.
• Amendment 52 would require Ofcom to produce a code of practice on access to data.
• The amendments aim to improve understanding of the online environment through better data availability.
• EU’s Digital Services Act requires platforms to share data with independent researchers immediately.
• The amendments aim to accelerate data sharing provisions under the Online Safety Bill.
• Clause 64 compels social media firms to become more transparent through transparency reports.
• Clause 136 covers researchers' access to information, with Ofcom required to provide guidance.
• New clause 11 sets out duties for assessing risks in a provider’s supply chain.
• The clause includes a duty to assess risks to persons employed by contractors moderating content.
• Contractors are often 'off book' from platforms, creating unaccountable supply chains.
• Social media moderators experience trauma leading to PTSD.
• Platforms provide little data on human moderation practices.
• Meta promised but failed to submit figures on human content moderators.
• New clause 11 seeks additional safety measures for employees moderating harmful content.
• The amendment aims to impose standards on subcontractors employed by companies within the scope of the Online Safety Bill.
• Subcontractors mentioned include those from Kenya working for Facebook.
• Ofcom, as a telecommunications and communications regulator, lacks expertise in regulating employment conditions globally.
• Clauses 112 to 117 set out processes around confirmation decisions by Ofcom.
• Clause 113 outlines steps a person may be required to take for compliance or breach remediation.
• Subsection (5) of clause 113 allows immediate action in cases involving an information duty.
• Clauses cover powers when regulated providers fail risk assessments and children’s access assessments.
• Labour welcomes the three-month timeframe for redoing assessments under clause 115.
• Clause 116 establishes that Ofcom may require use of proactive technology on public content only.
• Subsection (7) of clause 116 allows setting requirements for reviewing used technologies.
• Clauses allow Ofcom to impose financial penalties as part of confirmation decisions under clause 117.