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by Munro Research

Online Harms Reduction Regulator (Report) Bill [HL]


Official Summary

A Bill to assign certain functions to Ofcom in relation to online harms regulation

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Overview

This bill mandates OFCOM (the Office of Communications) to produce annual reports recommending the establishment of an Online Harms Reduction Regulator. These reports will detail a proposed "duty of care" for online platforms, aiming to protect users and the wider public from various online harms.

Description

The bill assigns OFCOM the task of creating annual reports outlining the creation of an Online Harms Reduction Regulator. Key aspects of these reports include:

  • Duty of Care for Online Platforms: Online platform service operators will be subject to a duty of care to protect users from harm arising from the service's operation or use, and to protect non-users who may be affected. This is as far as is reasonably practicable and if the harms are reasonably foreseeable.
  • Scope of Harms: The reports must detail specific harms to be addressed. This includes terrorism, harm to children and vulnerable adults, hate speech (racial, religious, based on sex or sexual orientation), discrimination, fraud, intellectual property crime, electoral interference, and any other harms OFCOM deems appropriate.
  • Reporting Schedule: OFCOM must publish a report within one year of the bill passing, and annually thereafter. These reports will be presented to both Houses of Parliament.
  • Draft Bill for Regulator: Within one year of the first report being submitted, the Secretary of State must publish a draft bill to create the Online Harms Reduction Regulator, based on OFCOM’s recommendations.
  • Definitions: The bill clarifies the definitions of key terms such as "hatred on the grounds of sex," "hatred on the grounds of sexual orientation," "protected characteristics," "racial hatred," "religious hatred," "vulnerable adults," and "online platform service operator."

Government Spending

The bill itself doesn't directly specify government spending figures. However, the creation of a new regulator, as recommended by the bill, would involve significant costs for staffing, administration, and enforcement. The exact cost is not specified in the bill.

Groups Affected

  • Online Platform Service Operators: These companies will face new regulatory burdens and potential liabilities under the proposed "duty of care." They'll need to invest in systems and processes to identify and mitigate online harms.
  • Users of Online Platforms: They will benefit from increased protection from various forms of online harm, though the effectiveness will depend on the regulator's powers and enforcement.
  • The Public: The bill aims to protect the public at large from harms that originate on online platforms, even if they are not direct users.
  • OFCOM: Takes on a significant new responsibility for creating the framework for online harms regulation.
  • The Government: Will need to create and resource the new regulator.
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