Graham Smith Profile picture
Mar 17 18 tweets 4 min read
Here it is, as introduced in Parliament today. #OnlineSafetyBill bills.parliament.uk/bills/3137/pub…
All 225 pages of it, plus 126 pages of Explanatory Notes.
Redrafted version of the 'legal content harmful to adults' duty.
I may be wrong, but it looks as if 'reasonable grounds to believe' has disappeared from the definition of illegality. Can't immediately find it anywhere else, but this will take a lot of checking.
The Person of Ordinary Sensibilities appears to have been given a decent burial.
The new harm-based communications offence is substantially as recommended by the Law Commission, with all its attendant problems.
"Reasonably considers" has found its way into s.9(6) in relation to T&Cs, but I'm not sure how (if at all) that relates to the safety duties in S.9(3).
For when you've finished reading the Bill, here is the government's Response to the Joint Scrutiny Committee's Report. assets.publishing.service.gov.uk/government/upl…
Massive increase in Ofcom powers to require proactive monitoring by use of technology (S.116). Previously prohibited except for terrorism and CSEA.
Article 15 ECD well and truly consigned to the dustbin. cyberleagle.com/2017/05/time-t…
They've dressed it in human rights clothes, of course.
Never thought I'd have to dig this out of the archives. For real, this time. cyberleagle.com/2013/06/the-go…
There is a long list of priority criminal offences in Schedule 7 (to which the proactive obligations in S.9(3)(a) to (c) would apply). Assisting suicide, threats to kill, public order offences, harassment, drugs and psychoactive substances, firearms and other weapons, ... 1/2
... assisting illegal immigration, causing, inciting or controlling prostitution for gain, sexual images offences, money laundering, fraud, financial services offences, plus attempts, conspiracy, aiding, abetting, counselling or procuring any of the above. 2/2
As it happens, I did a case study a while back on what a platform would have to do to assess whether user content amounted to a harassment offence. Based on the draft Bill, so now out of date in several respects, but the fundamentals haven't changed. cyberleagle.com/2021/11/the-dr…
Differs from CSEA and terrorism in that it’s enforcement predicated on breach rather than a self-standing power, but proactive monitoring nonetheless.
But the Person of Ordinary Sensibilities was apparently still alive on 31 January (date of the new Impact Assessment).

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More from @cyberleagle

Mar 17
#OnlineSafetyBill supporting documents: Factsheet, Revised Impact Assessment, ECHR Memo, Regulatory Policy Committee Opinion gov.uk/government/pub…
The hourly cost of a regulatory professional has reduced by 4p since last year, to £20.62. New in this IA is acknowledgment of the need for legal advice on whether a small/medium business is in or out of scope. Image
Overall 10 year cost now estimated at £2.5 billion (previously £2.1 billion).
Read 4 tweets
Mar 15
"This reduces the risk that platforms are incentivised to over-remove legal material ... because they are put under pressure to do so by campaign groups or individuals who claim that controversial content causes them psychological harm." 1/2
She is talking about 'legal but harmful', but does she realise that applying the illegality safety duty to the proposed new 'harm-based offence' will have exactly that result? 2/2
Read 20 tweets
Mar 15
Agog to see what tech they think can distinguish between news publisher content and the rest. An Ofcom-approved tag list?
Presumably they have an answer, since this issue has been lurking ever since the impossible-to-fulfil promise made by the then Culture Secretary at the launch of the White Paper in April 2019: 1/2
"where these services are already well regulated, as IPSO and IMPRESS do regarding their members' moderated comment sections, we will not duplicate those efforts. Journalistic or editorial content will not be affected by the regulatory framework." 2/2
Read 5 tweets
Jan 2, 2021
For whatever reason, this front page @thetimes story about @Ofcom's AVMS changes to the Broadcasting Code doesn't appear in the online version.
Ofcom proposed amending the definition of hate speech to include the characteristics, as set out in Article 21 of the EU Charter, as follows:
Ofcom noted that "the proposed amendments would not affect the weight we would place on the importance of freedom of expression in relation to political matters and content that is in the public interest."
Read 15 tweets
Oct 15, 2020
My take on last week's Privacy International and La Quadrature decisions, and implications for UK data protection adequacy. cyberleagle.com/2020/10/hard-q…
Thread summary of some central points follows. (The post is a long read and covers much more.)
The cases concern more than compelled retention of communications data. They include legislation mandating service providers to conduct automated analysis of communications data to detect terrorism, and to provide real-time feeds to security and intelligence authorities. 1/16
Read 19 tweets
Jun 17, 2020
Art 19 Universal Declaration of Human Rights says: “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”
Here are ten things that it doesn't say:
1. Everyone has the right, but only by gracious permission of the state, to freedom of opinion and expression.
Read 16 tweets

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