Ofcom has issued a warning to social media companies, emphasizing their upcoming responsibilities under the UK’s Online Safety Act (OSA) to address disinformation and hateful content that incites violence.
This follows a series of violent, Islamophobic riots in the UK, which were sparked by false rumors on social media linking the fatal stabbing of three girls in Southport to a Muslim asylum seeker. Although these rumors were debunked, the disinformation led to targeted attacks on mosques and facilities housing asylum seekers.
The OSA, set to be enforced later in 2024, will require tech firms to assess the risk of illegal content on their platforms and take swift action to prevent and remove such content.
Ofcom, the regulatory body overseeing this, emphasized that while the act focuses on the systems and processes of platforms rather than individual posts, it will have significant enforcement powers, including the ability to impose financial penalties on non-compliant companies. The largest tech firms will need to rigorously apply their terms of service, particularly in banning hate speech and content that incites violence.
The government has also weighed in, denouncing inflammatory comments made by Elon Musk in the aftermath of the riots, which suggested that “civil war is inevitable” in the UK. In response, Number 10 stated that such remarks are unjustifiable and reiterated the importance of social media platforms in removing criminal content quickly.
The government is already collaborating with these platforms to ensure they meet their current legal obligations, even before the full implementation of the OSA.
Despite the OSA’s forthcoming powers, legal experts have expressed concerns that the act may not fully address the challenges posed by misinformation and the incitement of violence seen during the recent riots.
While the act introduces new offenses related to false communications, these are primarily aimed at individual trolls rather than the broader spread of harmful misinformation that led to the riots. Existing laws, like the Public Order Act 1986, may still be more relevant in prosecuting those responsible for organizing violent activities online.
Additionally, there are worries that the OSA’s provisions allowing Ofcom to mandate the use of “accredited technology” for scanning encrypted messages could undermine privacy and security. This requirement, known as client-side scanning, would involve comparing encrypted messages against a database of illegal content.
Critics argue that such measures could significantly reduce the safety and privacy provided by encrypted communications, highlighting ongoing concerns about the balance between security and privacy in the regulation of online spaces.