U.K. Online Safety Act Criticized in New Report
A recent report has criticized the U.K.’s Online Safety Act (OSA), alleging that it improperly extends Ofcom’s regulatory authority to include American media and technology companies with significant British user bases, regardless of their corporate presence in the U.K., reports 24brussels.
Since the introduction of a critical provision in July that restricts children from accessing content deemed harmful, major platforms have been implementing widespread age verification measures. This has prompted digital rights organizations such as Open Rights Group and Big Brother Watch to raise alarms about potential violations of privacy and freedom of speech.
Notably, the report misrepresents the U.K.’s online safety legislation by asserting that Ofcom is empowered to “monitor all forms of communication” for illegal speech, a claim that lacks accuracy. Contrary to these assertions, the OSA does not grant the regulator or the government the authority to mandate the removal of specific content.
Instead, as correctly pointed out within the report, service providers are tasked with a broader responsibility to prevent users from encountering harmful content while simultaneously safeguarding their right to freedom of expression.
The report also underscores concerns from experts that the OSA could inadvertently prompt governmental measures to diminish or eliminate effective encryption, consequently jeopardizing user privacy across digital platforms.
Previously, the Conservative government in the U.K. stepped back from enforcing the Act’s controversial “spy clause” after acknowledging that no reliable technology exists to safely scan end-to-end encrypted messages for child sexual abuse material without compromising privacy. Digital rights advocates remain apprehensive that future pressures for encryption-breaking surveillance may still arise, given that such measures remain embedded within the OSA.
Currently, the Home Office is embroiled in a legal dispute with Apple over end-to-end encryption, following the tech giant’s refusal to provide access to information secured by its Advanced Data Protection system earlier this year. This conflict, however, pertains to the Investigatory Powers Act—often referred to as the “Snooper’s Charter” by its critics—and not directly to the OSA.
According to reports from the Financial Times, senior officials in Washington, including Vice President JD Vance, have been pressuring the U.K. to abandon its legal confrontation with Apple regarding encryption issues.
