The UK regulator is proposing guidelines for online platforms, while it awaits for new legislation that will give it even broader powers
Ofcom starts flexing its new powers: Ofcom recently acquired powers to regulate Video-sharing platforms (VSPs), due to UK legislation implementing the updated European Audiovisual Media Services Directive. This week, Ofcom launched a consultation on guidelines for VSPs to protect end users against harmful content, having found that about 60% of VSP users are unaware of protection measures that online platforms have already implemented, and that only a quarter of users have ever reported harmful content.
The three key objectives of the guidelines: In line with the legislation, Ofcom’s proposed guidelines rest on three key aspects. Firstly, there should be transparency on the rules to upload content, with VSPs establishing clear and visible terms and conditions to prohibit users from uploading harmful content. Secondly, VSPs should give end users an easy way to report harmful videos, and an opportunity to challenge decisions through a dispute resolution mechanism. Thirdly, there should be an effective system for age verification, especially for VSPs hosting a high prevalence of adult content. Ofcom is seeking input on the guidelines until 2 June 2021, and plans to report annually on the steps taken by VSPs to protect end users.
This is likely to be a temporary regime: In December 2020, the UK Government confirmed its intention to pass new legislation to tackle online harms, which would put Ofcom in charge of overseeing online platforms’ compliance with their ‘duty of care’ towards users. When legislation to that effect will be approved (there are concerns about delays and scope), the current framework for VSPs will fall away. In the meantime, Ofcom is using this transition period to refine its approach to regulating online content – something that is entirely new for the UK regulator, and as such is recruiting extensively into its new online harms policy team. In the consultation, Ofcom is clearly stating that it will use this opportunity to inform its future work. It also sees it as a way for businesses to prepare for the regulatory framework that will be adopted in the future.
