The Online Safety Bill: Reboot it, or Shoot it?

Yesterd

ay I took part in a panel discussion organised by the Adam Smith Institute on the Online Safety Bill. This sprawling legislative monster has outlasted not just six Secretaries of State for Culture, Media and Sport, but two Prime Ministers. It’s due to slither back to Parliament in November, so we wrote a Policy Brief that explains what it tries to do and some of the things it gets wrong.

Some of the bill’s many proposals command wide support – for example, that online services should enable users to contact them effectively to report illegal material, which should be removed quickly. At present, only copyright owners and the police seem to be able to get the attention of the major platforms; ordinary people, including young people, should also be able to report unlawful things and have them taken down quickly. Here, the UK government intends to bind only large platforms like Facebook and Twitter. We propose extending the duty to gaming platforms too. Kids just aren’t on Facebook any more.

The Bill also tries to reignite the crypto wars by empowering Ofcom to require services to use “accredited technology” (read: software written by GCHQ contractors) to scan your WhatsApp messages. The idea that you can catch violent criminals such as child abusers and terrorists by bulk text scanning is entirely implausible; the error rates are so high that the police would swamped with false positives. Quite apart from that, bulk intercept has always been illegal in Britain, and would also contravene the European Convention on Human Rights, to which we are still a signatory despite Brexit. This power to mandate client-side scanning has to be scrapped, a move that quite a few MPs already support.

But what should we do instead about illegal images of minors, and about violent online political extremism? More local policing would be better; we explain why. This is informed by our work on the link between violent extremism and misogyny, as well as our analysis of a similar proposal in the EU. So it is welcome that the government is hiring more police officers. What’s needed now is a greater focus on family violence, which is the root cause of most child abuse, rather than using child abuse as an excuse to increase the central agencies’ surveillance powers and budgets.

In our Policy Brief, we also discuss content moderation, and suggest that it be guided by the principle of minimising cruelty. One of the other panelists, Graham Smith, discussed the legal difficulties of regulating speech and made a strong case that restrictions (such as copyright, libel, incitement and harassment) should be set out in primary legislation rather than farmed out to private firms, as at present, or to a regulator, as the Bill proposes. Given that most of the bad stuff is illegal already, why not make a start by enforcing the laws we already have, as they do in Germany? British policing efforts online range from the pathetic to the outrageous. It looks like Parliament will have some interesting decisions to take when the bill comes back.