Concerns mount over enforcement of Online Safety Act

Amid growing concerns about the enforcement of the Online Safety Act, Ofcom has faced criticism for what some describe as a "checklist" approach to regulation. Iona Silverman, a media expert from Freeths, has highlighted the potential risks that unregulated social media content poses to minors. According to Silverman, the fundamental issue lies with algorithms on social media platforms that deliver inappropriate content to users, particularly children under the age of 13, despite site regulations requiring users to be older.

Reports and studies, like the Advertising Standards Authority's research involving 100 children, have shown that minors often misrepresent their ages to gain access to social media, exposing them to potentially harmful material and advertisements for age-restricted products. This exposure has been linked to adverse effects on mental health, prompting calls for social media companies to take more responsibility for the content shown on their platforms.

Silverman emphasised that social media entities can no longer remain passive, leaving the task of content moderation to individual users. With the advent of the Online Safety Act, these platforms are now obligated to shield users from online harms, particularly young people who are more vulnerable.

Ofcom's role in enforcing these regulations includes proposing measures to combat online harms, especially those affecting women and girls. The agency is empowered to levy penalties of up to 10% of a company's global turnover or GBP £18 million, whichever is greater, on firms that violate these obligations. Despite these powers, Silverman argues that Ofcom must swiftly implement significant fines to deter non-compliance and ensure the act is effective.

She warns that without prompt and stringent enforcement, pressures could mount to introduce harsher measures, such as blanket bans on under-16s using social media - a route already being considered elsewhere, like Australia. As technology and artificial intelligence evolve, Silverman calls for Ofcom's guidelines to remain adaptable and forward-thinking, fostering positive use of technology to mitigate online threats.

Controversy surrounding the Online Safety Act is not confined to the UK. Recently, US officials have voiced concerns over the act's potential to infringe on free speech. The US State Department has raised questions about the balance the act strikes between policing harmful content and respecting freedom of expression.

Iona Silverman commented on these concerns, asserting that the UK government has been transparent about the act's intent, which is to combat criminal activity rather than suppress debate. Highlighting a recent television drama, "Adolescence", she pointed out the dangers of leaving social media platforms unchecked, dangers that affect both children and the general populace.

The UK's commitment to protecting children and adults from illegal and harmful material remains steadfast. While safeguarding freedom of expression is necessary, Silverman notes that implementing the Online Safety Act places vital checks and balances to protect public welfare without compromising open dialogue. The current debate, influenced by political factors, should not detract from the primary goal: ensuring public safety, particularly for children.