Ofcom’s new guidance helps online platforms comply with the Audiovisual Media Services Regulation, but could be superseded by the upcoming Online Safety Bill
Ofcom has started using its new powers: From November 2020, Ofcom has the power to regulate video-sharing platforms (VSPs) which are established in the UK. These powers come from the Audiovisual Media Services Regulation, through which the UK implemented the revised European Audiovisual Media Services Directive. The Regulation requires platforms such as YouTube, TikTok, and Instagram to protect end users from harmful content. In October, Ofcom published guidance to help VSPs comply with the new rules, whereby VSPs have to prohibit users from uploading harmful content. They must also give end users an easy way to report harmful videos and to challenge decisions, and implement a system for age verification.
New guidelines for online advertising are set: This week, Ofcom published additional guidance for advertising on VSPs. The rules distinguish between VSP-controlled and non-VSP-controlled advertising, though in both cases they establish requirements for VSPs. Ofcom will consider advertising to be VSP-controlled when it is marketed by the VSP, or when the VSP provides the advertiser with tools to target their reach. In those cases, VSPs are legally responsible for ensuring that any advertising meets the requirements of the Regulation. For non-VSP-controlled advertising, VSPs are legally required to take steps to ensure advertising standards are met, such as removing or blocking content that violates the standards.
The rules could be superseded by the upcoming Online Safety Bill: This regime will be temporary, since the Government stated its intention to make it fall away once the Online Safety Bill has been approved. The bill is still a draft, and could be subject to significant changes after recent scrutiny. Online platforms will have to take measures to prevent the spread of illegal content, and could also be required to tackle “legal but harmful” content – something that has not yet been clearly defined. However, the bill focuses on user-generated content and currently leaves online advertising out of scope, failing to cover an important source of online harms. The Secretary of State for Digital, Culture, Media and Sport acknowledged the problem, suggesting there could be separate future legislation to address this.
Source: https://www.ofcom.org.uk/consultations-and-statements/category-1/regulation-of-advertising-on-vsp
