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[Redacted]: This Article Categorised [harmful] by the Government

    • Universiteit Leiden

    Research output: Contribution to journal › Article › peer-review

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    Abstract

    In April 2019, the UK Government’s DCMS released its White Paper for
    ‘Online Harms’, which would establish in law a new duty of care towards
    users by platforms to be overseen by an independent regulator. Our earlier
    research outlines how we got to this point, sets out what the White Paper
    proposes, and criticises its key aspects. Our objections and criticism remain
    applicable to the UK Government’s Online Safety Bill. The Parliament is
    now scrutinising the Bill. The House of Lords Report sparked some
    optimism that the scrutiny could address critical concerns around free
    speech in particular. The Draft Online Safety Bill Joint Committee Report,
    however, suggest otherwise. This paper returns to key arguments as to
    why risk-based regulation and duty of care are not appropriate for policing
    content and expression online. We focus on the human rights implications
    of the Bill, in particular, the provider duties to ‘handle’ legal but harmful
    content. Here, we reemphasise the vague conceptualisation and nature of
    this harm, as well as the inadequate duties attached to it. We argue that the
    independence of OFCOM cannot be guaranteed.
    Original languageEnglish
    Pages (from-to)88-119
    Number of pages32
    JournalSCRIPTed
    Volume19
    Issue number1
    DOIs
    Publication statusPublished - 27 Feb 2022

    Bibliographical note

    (c) 2022 Edina Harbinja and Mark R. Leiser. Licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND 4.0) license.

    Keywords

    • online safety bill
    • platforms
    • platform regulation
    • free expression
    • online harms
    • duty of care

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