The new rules would be part of the implementation of the Audio-Visual Media Services Directive.
Background: During 2019, the UK Government has run two consultations on how to implement the revised European Audio-Visual Media Services Directive (AVMSD). The main one, setting out the general approach to the implementation, started on 30 May 2019, and is open until 22 August 2019. In July, the Government commenced a second, more specific consultation on the requirements for video sharing platforms, which are covered for the first time in the AVMSD and shall take appropriate measures against harmful content. This consultation is open until 17 September 2019.
More powers to Ofcom: Reports of the Government’s proposed approach have now emerged. The Department for Culture, Media and Sport (DCMS) within the Government is proposing to empower the communications regulator Ofcom to monitor how online companies prevent users (particularly children) from seeing harmful content such as violence, pornography, or other harmful material. Ofcom would be able to levy multi-million pound fines on companies failing to comply.
Next steps: The proposal is still under consultation. The Government will host stakeholder sessions on 20 and 22 August 2019 to present its approach. If these measures are passed, they will apply from 20 September 2020. Should the UK exit the EU without an agreement, the AVMSD may not be implemented.
