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UK Government introduces long-awaited Online Harms bill

The bill establishes a code of conduct for online platforms, and gives Ofcom the power to impose heavy fines and block services.

A proposal dating back to 2019: The UK Government first announced legislation to tackle online harms in April 2019. The proposal established a ‘duty of care’ for internet companies to monitor and remove harmful content online. In February 2020, the Government confirmed it was minded to appoint Ofcom as the regulator in charge of overseeing internet companies’ behaviour.

New powers for Ofcom: On 15 December 2020, the Government published the Online Harms bill, and indeed decided to make Ofcom the regulator. It will require online platforms to abide by a code of conduct setting out responsibilities towards children. Harmful content will have to be removed ‘without delay’. Ofcom will have the power to impose fines up to £18m, or 10% of a firm’s global annual turnover, and will also be able to block services in the UK.

What changes from the initial proposal? Unlike the initial proposal, the bill does not set out criminal sanctions for individual executives, although Parliament will be able to introduce them through secondary legislation if necessary.