Online Safety Bill ready to become law

  • The Online Safety Bill has been signed off by the Houses of Parliament and will become law soon
  • the bill will make the UK the safest place in the world to be online by placing new duties on social media companies – honouring our manifesto commitment
  • the bolstered bill has been strengthened through debate, with firmer protections for children, more control for adults and clarity for social platforms

The Online Safety Bill has passed its final Parliamentary debate and is now ready to become law.

This major milestone means the government is within touching distance of delivering the most powerful child protection laws in a generation, while ensuring adults are better empowered to take control of their online lives, while protecting our mental health.

The bill takes a zero-tolerance approach to protecting children and makes sure social media platforms are held responsible for the content they host. If they do not act rapidly to prevent and remove illegal content and stop children seeing material that is harmful to them, such as bullying, they will face significant fines that could reach billions of pounds. In some cases, their bosses may even face prison.

The bill has undergone considerable parliamentary scrutiny in both the Houses and has come out with stronger protections for all.

Technology Secretary Michelle Donelan said: “The Online Safety Bill is a game-changing piece of legislation. Today, this government is taking an enormous step forward in our mission to make the UK the safest place in the world to be online.

“I am immensely proud of what we have achieved with this bill. Our common-sense approach will deliver a better future for British people, by making sure that what is illegal offline is illegal online. It puts protecting children first, enabling us to catch keyboard criminals and crack down on the heinous crimes they seek to commit.

“I am deeply thankful to the tireless campaigning and efforts of parliamentarians, survivors of abuse and charities who have all worked relentlessly to get this bill to the finish line.”

Without this groundbreaking legislation, the safety of children across the country would be at stake and the internet would remain a wild west of content, putting children’s lives and mental health at risk. The bill has a zero-tolerance approach to protecting children, meaning social media platforms will be legally responsible for the content they host and keeping children and young people safe online.

Social media platforms will be expected to:

  • remove illegal content quickly or prevent it from appearing in the first place, including content promoting self-harm
  • prevent children from accessing harmful and age-inappropriate content
  • enforce age limits and age-checking measures
  • ensure the risks and dangers posed to children on the largest social media platforms are more transparent, including by publishing risk assessments
  • provide parents and children with clear and accessible ways to report problems online when they do arise

In addition to its firm protections for children, the bill empowers adults to take control of what they see online. It provides three layers of protection for internet users which will:

  1. Make sure illegal content will have to be removed
  2. Place a legal responsibility on social media platforms to enforce the promises they make to users when they sign up, through terms and conditions
  3. Offer users the option to filter out harmful content, such as bullying, that they do not want to see online

If social media platforms do not comply with these rules, Ofcom could fine them up to £18 million or 10% of their global annual revenue, whichever is biggest – meaning fines handed down to the biggest platforms could reach billions of pounds.

Also added to the bill are new laws to decisively tackle online fraud and violence against women and girls. Through this legislation, it will be easier to convict someone who shares intimate images without consent and new laws will further criminalise the non-consensual sharing of intimate deepfakes.

The change in laws will make it easier to charge abusers who share intimate images and put more offenders behind bars and better protect the public. Those found guilty of this base offence have a maximum penalty of 6 months in custody.

Former Love Island star and campaigner Georgia Harrison said: “Violence against women and girls is so common, with one in three women in the UK having experienced online abuse or harassment.

“The Online Safety bill is going to help bring this to an end, by holding social media companies accountable to protect women and girls from online abuse.”

Under the bill, the biggest social media platforms will have to stop users being exposed to dangerous fraudulent adverts by blocking and removing scams, or face Ofcom’s huge new fines.

The government has recently strengthened the bill even further, by amending the law to force social media firms to prevent activity that facilitates animal cruelty and torture (such as paying or instructing torture). Even if this activity takes place outside the UK but is seen by users here, companies will be forced to take it down.

Anticipating the bill coming into force, the biggest social media companies have already started to take action. Snapchat has started removing the accounts of underage users and TikTok has implemented stronger age verification.

Ofcom Chief Executive, Dame Melanie Dawes said: “Today is a major milestone in the mission to create a safer life online for children and adults in the UK. Everyone at Ofcom feels privileged to be entrusted with this important role, and we’re ready to start implementing these new laws.

“Very soon after the bill receives Royal Assent, we’ll consult on the first set of standards that we’ll expect tech firms to meet in tackling illegal online harms, including child sexual exploitation, fraud and terrorism.”

While the bill has been in progress, the government has been working closely with Ofcom to ensure changes will be implemented as quickly as possible when it becomes law.

The regulator will immediately begin work on tackling illegal content and protecting children’s safety, with its consultation process launching in the weeks after Royal Assent. It will then take a phased approach to bringing the Online Safety Bill’s into force.

Passing of the Online Safety Bill ‘a momentous day for children’ says NSPCC chief

  • The Online Safety Bill will finally require tech companies to make their sites safe by design for children
  • New laws come after years of campaigning and robust political scrutiny in Parliament
  • NSPCC CEO Sir Peter Wanless thanks survivors and bereaved parents and urges tech companies to seize the opportunity offered by regulation
  • Survivors of online child abuse tell how the Online Safety Bill will address further preventable harm to countless other children
  • Charity releases video with young people welcoming the Online Safety Bill

The NSPCC has welcomed the passing of the Online Safety Bill, a ground-breaking piece of legislation they say will radically change the landscape for children online.

After years of campaigning, tech companies will now have a legal duty to protect children from sexual abuse and harmful material on social media sites, gaming apps and messaging services.

The UK Government first promised regulation to help protect children online at the NSPCC’s annual conference in 2018, following the launch of the charity’s Wild West Web campaign

The charity has helped strengthen the legislation during its long journey through UK Parliament, ensuring that it results in regulation that comprehensively protects children online.

The charity says the legislation will mark a new era for children’s safety at a time when online child abuse offences are at a record high and children continue to be bombarded with harmful suicide and self-harm content on social media.

In August this year, NSPCC Scotland revealed that more than 3,500 online grooming crimes* had been recorded by Police Scotland over the past six years while the legislation was being discussed. Last year (2022/23), 593 Communicating Indecently with a Child offences were recorded in Scotland, with more than half of the offences against children under the age of 13.  

The Online Safety Bill was published in May 2021 and has been subject to robust scrutiny and debate by MPs, Lords and civil society.

Its importance was starkly highlighted by the inquest into the death of 14-year-old Molly Russell in September last year, which ruled that the self-harm and suicide content that Molly had been recommended on social media had contributed to her death.

Ruth Moss, whose 13-year-old daughter Sophie died by suicide after viewing harmful content online, joined forces with Molly’s father Ian Russell and other parents whose children died following exposure to harmful content online, to form the Bereaved Parents for Online Safety group to strengthen the protections in the Bill.

The Edinburgh nurse has been campaigning with the NSPCC for several years for robust new legislation that would force tech bosses to make their sites safe for children.

Ruth said: “I’m pleased that the Bill has passed. I have always argued that self-regulation by tech companies hasn’t worked. Numerous families, including mine have highlighted these failings over many years. So, I welcome the bill wholeheartedly. It is a big step in offering protection to children online.

“For at least two years, we struggled to keep my daughter Sophie safe online. In spite of removing devices, restricting internet use, implementing parental controls and having conversations about internet safety, these were not enough to prevent her from being exposed to websites that promoted self-harm, suicide and contained dark, graphic, harmful material. Complaining to internet and social media companies was either impossible or futile.

“The impact of Sophie viewing this harmful material was a deterioration in her existing mental health struggles, with devastating consequences. Sophie was 13 years old when she died by suicide. We will never truly recover from her death, and it is rightly every parents worse nightmare.

“This Online Safety Bill may not solve all the issues that children have online. But it is essential to start regulating online platforms. They have a duty of care to keep their users safe to the best of their ability.

“Of course, I do have some reservations about the Online Safety Bill. It is a new piece of legislation that has not had the chance to be tested – so there will be some unknowns. And no piece of legislation will be perfect. We will only really know if the legislation goes far enough over time. 

“The Bill will need to stay relevant. If we look at other initial law, it develops over time with the changing environments in which we live. Technology changes and with it, the legislation around it will need to keep up. But this is a good first step. It sends a message to tech companies that safety should not be compromised for the sake of profit and that tech companies cannot deny responsibility for keeping their service users safe on their websites.

“In my opinion, the enforcement of the Bill is key. This will be challenging. It will require Ofcom going up against some of the most powerful and influential organisations in the world. Ofcom will have a difficult job. Currently, I have confidence that they will do what is necessary to uphold the legislation where needed, however time will tell.

“As with any piece of complex legislation, there were amendments that did not get passed around legal but harmful content for adults, the appointment of a children’s advocate and other areas that I would like to have seen included in the bill. But again, no Bill is perfect, and I am pleased to see it passed.”

The Online Safety Bill has been shaped in large part by survivors of abuse, bereaved parents and young people themselves who have campaigned tirelessly to ensure the legislation leads to real-world change for children.

Aoife (19) from East Kilbride, South Lanarkshire, was 15 when she was exploited by a man online who pretended to be a teenager. She said: “He convinced me to send him photos and then blackmailed me with them.

“It was terrifying but luckily I knew to report to Child Exploitation and Online Protection (CEOP) and he was eventually convicted.

“I know this kind of thing happens all the time – we need the new law to stop it from hurting more lives.”

Sir Peter Wanless, NSPCC Chief Executive, said: “We are absolutely delighted to see the Online Safety Bill being passed through Parliament. It is a momentous day for children and will finally result in the ground-breaking protections they should expect online.

“At the NSPCC we hear from children about the completely unacceptable levels of abuse and harm they face online every day. That’s why we have campaigned strongly for change alongside brave survivors, families, young people and parliamentarians to ensure the legislation results in a much safer online world for children.

“Children can benefit greatly from life online. Tech companies can now seize the opportunity to embrace safety by design. The NSPCC is ready to help them listen to and understand the online experiences of their young users to help ensure every child feels safe and empowered online.”

The NSPCC’s commitment to protect children online does not end with the passing of the Bill and the charity will continue to advocate to ensure it results in truly safe online spaces for children.

Online Safety Bill Timeline:

  • 2014 NSPCC launches a campaign calling for a new offence to make online grooming a crime, by making it illegal for an adult to send a child a sexual message.  50,000 people signed our petition
  • 2015 The Government included the offence in the Sexual Offences Act 2015, but it took two more years of sustained campaigning before they finally brought the offence into force so police could take action and arrest offenders
  • April 2017 Sexual Communication with a Child became an offence
  • April 2017 The NSPCC first called on Government to bring in statutory regulation of social networks
  • Dec 2017 NSPCC call for tech companies to have a legal duty of care to keep children safe
  • April 2018 Launch of NSPCC’s Wild West Web campaign 
  • June 2018 Following an NSPCC campaign, then Culture Secretary Matt Hancock commits to legislate to protect children  
  • Feb 2019 Taming the Wild West Web was published outlining a plan for regulation 
  • April 2019 Government publishes the Online Harms White Paper 
  • January 2020 Online Harms paving bill, prepared by the Carnegie Trust and introduced by Lord McNally, was selected for its first reading in the Lords 
  • February 2020 Government publish initial consultation to the Online Harms White Paper, announcing Ofcom as the likely watchdog 
  • September 2020 NSPCC sets out six tests for the Online Harms Bill in its Regulatory Framework 
  • December 2020 Government published its Online Harms White Paper consultation response  
  • March 2021 NSPCC analysis of the consultation response found significant improvement is needed in a third of areas of proposed legislation if the Online Safety Bill is to extensively protect children from avoidable harm and abuse 
  • May 2021 Government publishes draft Online Safety Bill  
  • September 2021 Parliamentary scrutiny begins, and the NSPCC publish Duty to Protect – An assessment of the draft Online Safety Bill against the NSPCC’s six tests for protecting children 
  • October 2021 Facebook whistleblowerFrances Haugen gives evidence to the Joint Committee on the Draft Online Safety Bill 
  • December 2021 The joint committee on the Draft Online Safety Bill call for a number of changes to the legislation to better prevent child abuse 
  • January 2022 DCMS Committee back NSPCC’s call for the Online Safety Bill to put a legal duty on tech firms to disrupt the way offenders game social media design features to organise around material that facilitates abuse  
  • January 2022 The Petitions Committee also called for the Online Safety Bill to be strengthened 
  • March 2022 NSPCC urge Government to listen to the overwhelming consensus of Parliamentarians, civil society and the UK public to close significant gaps in the way Online Safety Bill responds to grooming 
  • March 2022 The Government publishes the Online Safety Bill 
  • April 2022 Online Safety Bill has its Second Reading and NSPCC publish its Time to Act report which sets out where the Bill can be improved to become a world-leading response to the online child abuse threat 
  • May 2022 Online Safety Bill Committee Stage begins 
  • July 2022 Online Safety Bill Report Stage debates  
  • Summer 2022 Online Safety Bill delayed by two changes to Prime Minister
  • September 2022 Inquest into the death of 14-year-old Molly Russell finds social media contributed to her death
  • December 2022 Online Safety Bill returns to Parliament
  • December 2022 Bereaved Families for Online Safety formed to campaign for strong protections for children and families through the Online Safety Bill
  • January 2023 Conservative MP rebellion backs NSPCC amendment that forces Government to commit to holding senior tech managers liable for harm to children
  • January 2023 Online Safety Bill begins its journey through the House of Lords
  • Spring 2023 Government amendments strengthen protections for children following campaigning by civil society, including NSPCC and Bereaved Families for Online Safety
  • September 2023 Online Safety Bill due its Third Reading in the House of Lords and to return to Parliament for final passage
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davepickering

Edinburgh reporter and photographer