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Online Safety Bill: The Government has listened

It appears that critics have succeeded in obtaining significant improvements to what initially looked like a poorly drafted piece of legislation 

Taking criticisms on board: The UK Government appears to have listened to the widespread concerns around the current draft of the Online Safety Bill, and could change it significantly ahead of laying it before Parliament. In a hearing of the sub-committee on Online Harms and Disinformation of the DCMS Committee, Minister Chris Philp hinted at changes in areas of the bill that have been widely criticised. The bill has already faced significant scrutiny from the Joint Committee on the Draft Online Safety Bill, which issued a report in December recommending substantial changes to the text.

Concerns around Ofcom’s powers will be addressed: Philp conceded that changes could come in areas such as: the scope of the bill, i.e. which harms will be covered and prevented by the bill; the need for Ofcom to have proper powers to gather information and enforce: and fraud, where there is widespread consensus that more can be done. One aspect that continues to be contentious is the definition of ‘legal but harmful’, where striking a balance continues to be difficult. Philp said companies will have to carry out their own risk assessments, and that they will face enforcement if they fail to do so. The Government could also look to limit the power the Secretary of State would have to change the codes of conduct to which companies will be subject. These powers could be subject to parliamentary procedures, so that the Secretary of State faces parliamentary oversight in exercising them.

We’re near the publication of the final bill: Philp said the publication of the final version of the bill is coming very soon. It is likely that online advertising will remain out of scope, since Philp said the publication will occur around the same time as the Government’s response to the Online Advertising Programme consultation. The Secretary of State had previously said that there are plans to legislate on online advertising separately. Despite this gap, it appears that the critics have succeeded in obtaining significant improvements to what initially looked like a poorly drafted piece of legislation. This could also be the result of the intense pressure currently facing the Government, which needs to win back the trust of some MPs and members of the public.

Source: https://www.parliamentlive.tv/Event/Index/5ac718dd-1d39-4c28-8e5f-e55321abad78