Overview

The Malicious Communications (Social Media) Bill aims to tackle threatening content on social media platforms. It requires large social media companies to implement measures to prevent users from receiving such content, faces penalties for failing to do so, and establishes a register of regulated platforms.

Description

Regulation of Social Media Platforms

The bill mandates that large social media platforms on a government-maintained register must implement reasonable measures to prevent users from receiving threatening content. This applies unless a user over 18 specifically requests unfiltered content and uses an age verification method compliant with the Digital Economy Act 2017.

OFCOM's Role

OFCOM is tasked with monitoring the performance of these platforms, assessing their efforts to prevent threatening content, and requiring them to provide data (excluding individual user identification). OFCOM can survey platform content and request quantitative data from operators.

Penalties for Non-Compliance

If OFCOM determines a platform has failed to meet its duties, it can impose penalties up to £2,000,000 or 5% of the operator's worldwide turnover (whichever is greater). The amount is determined by OFCOM, considering the severity and frequency of violations.

Register of Regulated Platforms

The Secretary of State will create and maintain a register of regulated social media platforms, considering factors like the platform’s technological capabilities, UK user base, UK revenue, and global turnover. This register will be reviewed annually. The bill exempts press and broadcast media.

Annual Reviews

OFCOM will conduct an annual review of the effectiveness of the platforms’ measures to prevent threatening content. The Secretary of State will also conduct an annual review of the register itself, considering the ongoing need for each platform's inclusion.

Government Spending

The bill will result in government expenditure for the Secretary of State's functions under the Act, and any increases in sums payable under other Acts attributable to this bill. Any penalties levied on social media companies will be paid into the UK Consolidated Fund.

Groups Affected

Social Media Companies: Large social media platforms (defined by the Secretary of State) will be subject to new regulations, monitoring, and potential penalties for failing to effectively prevent the spread of threatening content. Their costs to comply may increase significantly.
OFCOM: Will have increased responsibilities for monitoring and regulating social media platforms.
Users of Social Media Platforms: May experience reduced exposure to threatening content, though this may depend on the effectiveness of the measures implemented by social media companies.

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