Key Facts

• The new clause proposes a duty for regulated user-to-user services to disclose significant changes and breaches impacting safety duties to OFCOM.
• Clause 85 of the Bill allows OFCOM to require information through an information notice, with penalties including fines up to 10% or service discontinuation.
• Up to 25,000 companies may be within scope of this new clause, significantly larger than the financial services sector regulated by the FCA.
• New Clause 5 proposes distinguishing paid-for advertisements from other content with clear labelling.
• New Clause 6 introduces an advertisement verification process requiring advertisers to demonstrate authorization by a UK regulatory body.
• New Clause 7 mandates the Secretary of State to publish a report reviewing Clauses 15 and 16 within one year after Act passage.
• New Clause 8 requires OFCOM to produce guidance on user identity verification, considering accessibility for vulnerable users and competition.
• Each new clause was read but negatived in committee votes.
• The Bill requires platforms to carry out a risk assessment under Part 3.
• Platforms must submit these assessments to Ofcom and publish them on their websites.
• Clause 13(2) already mandates summarising risk findings in terms of service.
• Clause 11 sets obligations for specifying child safety risks in terms of service.
• Clause 13 outlines duties related to adult users' risk assessments and summaries.
• Clause 64 gives Ofcom power to specify transparency requirements for platforms.
• New clause 13 seeks to impose liability on a provider where a company providing regulated services on its behalf does not comply with the duties in the Bill.
• Clause 180 of the Bill ensures legal certainty and clarity over which companies are subject to duties.
• The Committee voted against new clause 13, with Ayes 6 and Noes 9.
• New clauses require OFCOM to prepare a strategy within six months of the clause coming into force.
• The strategy must include steps to achieve specific objectives and an explanation of why these measures are effective.
• OFCOM must consult persons with experience in media literacy, the advisory committee on disinformation and misinformation, and other relevant individuals before publishing or revising the strategy.
• Research from Ofcom found that one-third of internet users are unaware of potential inaccurate or biased information.
• About 61% of social media users who claim confidence in judging online content's truthfulness actually lack the necessary skills.
• Clause 103, which proposed a new media duty for Ofcom, was scrapped from the final Online Safety Bill.
• New clauses 14, 15, and 16 would introduce a stronger media literacy duty on Ofcom with specific objectives.
• Ofcom has a statutory duty to promote media literacy under the Communications Act 2003.
• The Government published their own online media literacy strategy about a year ago with funding.
• Ofcom's approach to online media literacy was published at the end of last year.
• The issue involves derogatory terms related to protected characteristics appearing in search results.
• Search companies like Google address issues when highlighted but damage has already been done.
• Algorithmic prompts can cause significant harm and are the responsibility of internet companies.
• New clause excludes all algorithmic prompts for any term associated with protected characteristics under the Equality Act 2010.
• New clause 45 proposes a report from the Secretary of State on steps taken to tackle disinformation.
• The first report must be submitted within six months of the Act being passed.
• Subsequent reports are required at least once every three months thereafter.
• The current Bill focuses on regulating the day-to-day online environment.
• Clause 146 gives the Secretary of State powers in special circumstances but is too slow for real-time incidents.
• Ofcom could introduce a system allowing public reporting and convening response groups during crises.
• The Bill includes powers under clause 146 for the Secretary of State to direct Ofcom in matters of public health, safety or national security.
• Clause 135 mandates Ofcom's transparency report on harmful content prevalence and severity.
• A counter-disinformation unit (CDU) is already operational but full details cannot be disclosed due to security risks.
• New clause 19 aims to allow Ofcom to request research from regulated services for better regulation of platforms.
• New clause 19 would give Ofcom the power to request all research companies hold on a topic specified by OFCOM.
• Clause 85 allows Ofcom to require any information from companies for online safety functions, including research.
• Companies that lie or suppress information face criminal offences with fines up to 10% of global revenue and two years in prison.
• Chris Philk discusses the power of Ofcom under clause 85(1) of the Online Safety Bill.
• The clause allows Ofcom to request any relevant information from companies without specifying particular reports.
• Companies failing to comply could be prosecuted as per clause 92.
• A new clause on violence against women and girls is being read for the first time.
• GREVIO published a report on the digital dimension of violence against women and girls in October 2021.
• Ellesha, a survivor of image-based sexual abuse, was informed by police that they could not access Pornhub where videos were uploaded.
• The Law Commission's recommendations on intimate image abuse will be released on July 7.
• The Domestic Abuse Act 2021 introduced increased penalties for stalking and harassment.
• Automatic early release for violent and sex offenders from prison has been ended.
• Schedule 7 of the Bill includes priority offences such as intentional harassment, alarm or distress, harassment, and stalking.
• Clause 18(2) mandates that platforms must operate a complaints procedure that is easy to access and use by children and provides appropriate action.
• New Clause 24 would enable users to bring civil claims against providers for breaches of Part 3 duties.
• The Joint Committee recommended developing a bespoke route in courts for user redress.
• Government argues existing law already allows individuals to seek redress for negligence or breach of contract.
• New clause 25 would require Ofcom to publish an annual report on the operation of its regulatory functions under the Act.
• The report must include an assessment of the Act's continued effectiveness in reducing harm online.
• It will also detail the volume of content removed by category 1 services, the exercise of OFCOM powers, and reports received from regulated services.
• New clause 26 requires the Secretary of State to publish a report on harms caused by synthetic media content within six months of the Bill being passed.
• Synthetic media content includes deepfake technology which poses significant threats and challenges, especially in the entertainment industry.
• The Screen Actors Guild estimates that 96% of deepfakes are pornographic and depict women.
• The Online Safety Bill is hoped to report this afternoon.
• The sitting was adjourned until 2 PM.
• Mr. Gale thanked members for their courtesy and the staff for their support.