Overview

The Malicious Communications (Social Media) Bill aims to combat online threats and harmful content on social media platforms. It mandates that large social media companies implement measures to prevent threatening content from reaching UK users, imposing significant penalties for non-compliance.

Description

This bill places obligations on operators of large social media platforms (as defined by the bill and determined by the Secretary of State) to implement reasonable measures to filter out threatening content. These operators must have systems in place to prevent such content from reaching users unless the user is over 18 and has explicitly requested unfiltered content, verified through an age verification mechanism compliant with the Digital Economy Act 2017.

OFCOM's Role

OFCOM is tasked with monitoring platform compliance, conducting annual reviews, and potentially imposing penalties up to £2,000,000 or 5% of the operator's worldwide turnover for non-compliance. OFCOM can request data from platforms, but this data cannot identify individual users. The bill also requires annual parliamentary reviews of OFCOM's performance.

Register of Regulated Platforms

The Secretary of State will maintain a register of regulated social media platforms, considering factors like technological capabilities, UK user numbers, and revenue generated in the UK when deciding which platforms to include. The register will be subject to annual review. Press and broadcast media are excluded.

Penalties

Non-compliance with the bill's requirements results in penalties imposed by OFCOM, following a process which includes providing the operator an opportunity to make representations. These penalties are significant, capped at the greater of £2,000,000 or 5% of the operator's worldwide turnover, and scaled based on the severity and frequency of offences.

Government Spending

The bill will require additional government spending to support the Secretary of State's responsibilities in maintaining the register of regulated platforms, overseeing OFCOM's activities, and potentially in the enforcement of the bill. The exact cost is not specified in the bill text. Any penalties levied by OFCOM will be paid into the UK Consolidated Fund.

Groups Affected

The bill primarily affects:

• Large Social Media Platforms: These platforms will face significant regulatory burdens, including the implementation of content filtering systems and potential financial penalties for non-compliance.
• OFCOM: OFCOM will have increased responsibilities in monitoring and regulating social media companies, requiring additional resources and expertise.
• UK Government: The government will incur costs related to the oversight of this legislation and the management of the register of regulated platforms.
• Social Media Users: Users in the UK may experience changes to their online experience, potentially encountering stricter content moderation and age verification procedures, particularly in relation to access to unfiltered content.

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