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by Munro Research

Online Forums Bill


Official Summary

A Bill to make administrators and moderators of certain online forums responsible for content published on those forums; to require such administrators and moderators to remove certain content; to require platforms to publish information about such forums; and for connected purposes.

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Overview

The Online Forums Bill aims to hold administrators and moderators of online forums accountable for illegal content posted on their platforms. It introduces criminal and civil liabilities for failing to remove such content and requires online platforms to publish information about the forums they host.

Description

This bill establishes a criminal offence for qualifying administrators of qualifying online forums who fail to remove illegal content, subject to a prescribed notice period and conditions regarding awareness. Penalties include up to 12 months' imprisonment on summary conviction and up to seven years on indictment. Administrators can also be held jointly civilly liable with the original poster of illegal content if they fail to take reasonable steps to prevent or remove it. The bill mandates that platforms publish information about qualifying online forums, including their names and member counts, though individual member names are excluded. Failure to comply results in criminal penalties. The Secretary of State has the power to define key terms (e.g., "qualifying administrator," "qualifying online forum," "illegal content") and the specific requirements through regulations.

Government Spending

The bill doesn't specify any direct government spending figures. However, indirect costs may arise from the need to create and enforce regulations, potentially increasing the workload and resources of law enforcement agencies.

Groups Affected

  • Online Forum Administrators and Moderators: Face potential criminal and civil liabilities for illegal content on their forums. This could lead to significant legal costs and reputational damage.
  • Online Platforms (Owners of Websites Hosting Forums): Required to publish information about hosted forums, potentially creating administrative burdens and compliance costs.
  • Law Enforcement Agencies: May experience increased workload due to potential reporting and investigation of offences under this bill.
  • Users of Online Forums: Potentially affected by changes in the moderation policies and the removal of content on forums. Could lead to limitations on freedom of speech and expression.
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