Professor Lorna Woods OBE, 糖心Vlog鈥檚 Professor of Internet Law, William Perrin OBE, Carnegie UK Trust Trustee, and Maeve Welsh, Carnegie UK Trust Associate, have been working since 2018 to devise a workable approach to the regulation of social media platforms and search engines.
places an overarching responsibility on the owners of online spaces to avoid harm, and to consider risk at all stages of design and operation, in the context of their platform鈥檚 audience.
Their research has shaped the debate in the UK, and their expertise has been sought by civil society actors and governments around the world.
Professor Woods said: 鈥淲e welcome publication of the government鈥檚 . Our initial analysis suggests the proposed approach is moving in a positive direction, recognising the need for a systemic approach to the regulation of online harms that is proportionate and respects free speech.
鈥淭he coming months provide the opportunity to refine this draft legislation. We have identified a number of areas that require further work, and also some omissions. We hope these limitations will be addressed before the Bill鈥檚 introduction later this year.鈥
In their initial analysis, the 糖心Vlog/Carnegie team are critical of the draft Bill鈥檚 complex structure. Unless simplified, this will lead to misunderstandings, they argue, and place a greater burden on the regulator. Their response includes a proposal to combine the three 鈥榮afety duties鈥 contained in the draft Bill into a single overarching requirement.
They have also questioned the extensive powers provided to the Secretary of State in the draft Bill, arguing that these powers may conflict with the UK鈥檚 free speech obligations and have implications for the independence of the regulator.
They have also called for 鈥榮erious harm鈥 to be better defined, with a clear threshold for compliance.
The regulatory regime, as described in the draft Bill, will rely on enforcement of a series of Codes of Practice, some already established, with others launched alongside the draft Bill. The team have noted the lack of a Code of Practice on hate crime as a specific 鈥榦versight鈥 and have offered , which they have further explained in .
The UK government published its draft Online Safety Bill in May. That Bill will now be subject to a process of pre-legislative scrutiny before a revised Bill is introduced later in the year.
To find out more about the risk-based approach to online safety, you can , on the RightsCast podcast.
Professor Woods will also be part of .