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UK Government’s plans for regulating internet companies has been leaked

The plan, which was due to be announced on Monday 8 April, makes social media companies liable for harmful content.

Background: UK lawmakers have been scrutinising tech companies heavily of late. The Inquiry on Fake News of the Digital, Culture, Media and Sport (DCMS) Committee of the House Of Commons ran through 2018 and recommended establishing a ‘duty of care’ for social media companies against harmful content and disinformation. The Communications Committee of the House of Lords completed an inquiry on internet regulation in March 2019, advocating for similar remedies and proposing the creation of a ‘digital authority’.

So what’s in the Government’s plan? The Government has now set out a plan, which was supposed to be announced on Monday, 8 April 2019, but has been leaked to the press early. The plan aims to make social media executives personally liable for harmful content distributed on their platform, and introduces the duty of care recommended by the parliamentary committees in their inquiries. This would be policed by an independent regulator; initially, Ofcom would take on this role, to be replaced by a new body in the long run. Other proposals include: government powers to direct the regulator on specific issues; annual transparency reports from tech companies, disclosing the extent of harmful content on their platforms and what they are doing to tackle it; and cooperation with police on incitement to violence and sale of weapons. Companies could also be asked to sign up to a code of practice, and implement fact-checking services against disinformation and transparency around political advertising.

Next steps: It is expected that the Government will officially announce the plan on Monday, 8 April 2019. With Parliament blocked by Brexit matters, it is unlikely that legislation will be fast-tracked.