New rules to crack down on illegal ads and protect children online

  • Crack down on fake celebrity endorsements and illegal weapons adverts as new Government rules safeguard consumers and protect children
  • Ministers will convene a new taskforce to drive industry-led action
  • Proposed rules will strike a balance between internet safety and supporting innovation

Social media platforms, websites and services like advertising display networks will have to take tougher action to stop children seeing age-restricted adverts for products like alcohol or gambling.

Fake celebrity scams and pop-up malware from hackers will also be clamped down on as part of new rules to make advertising regulation fit for the digital age.

The plans are published today by the government in response to its Online Advertising Programme.

Online advertising includes the banners or displays which appear around the content of a website, results prioritised at the top of search engines, and pop-ups on a user’s screen. It helps businesses grow by reaching targeted audiences and can be cheaper and quicker than traditional advertising formats. Last year it accounted for three quarters (£26.1 billion) of the £34.8 billion spent on advertising in the UK.

Its rapid development, combined with changes in technology and complex supply chains between marketers and platforms, make it difficult to stop illegal ads appearing.

People frequently encounter fraudulent celebrity endorsements for financial scams, legitimate-looking pop-ups containing hidden malware, and promotions for products prohibited under UK law – such as weapons, drugs, counterfeit fashion and fake ticketing.

Children can be exposed to ads for age-restricted products such as alcohol, gambling and adult-rated films and games.

Creative Industries Minister Sir John Whittingdale said: “Advertising is a huge industry in which Britain is a world leader. However, as online advertising has taken a steadily bigger share, the rules governing it have not kept pace and so we intend to strengthen them to ensure consumers are properly protected.

“Our plans will shut down the scammers using online adverts to con people out of their cash and will stop damaging and inappropriate products being targeted at children.

“We will make sure that our proposed regulation helps keep people safe while supporting and enhancing the legitimate advertising industry so it can maximise its innovation and potential.”

There is currently a self-regulatory system for the content and placement of online adverts in the UK, overseen by the Advertising Standards Authority (ASA). The ASA has a strong record of delivering consistent, effective results and holding legitimate advertisers accountable. However regulators are not empowered to act to address illegal harms in the same way as harmful advertising by legitimate businesses.

The government intends to introduce new rules to tackle illegal paid-for online adverts and increase protections for children. A range of targeted legislative and non-legislative measures will address the most serious risks linked to online advertising. This approach complements the Online Safety Bill, which is targeted at user generated content, and will build on measures tackling fraudulent advertising in that legislation.

The new statutory regulation will put more responsibilities on major players across the online advertising supply chain. As well as online publishers, apps and websites serving ads, ‘adtech’ intermediary services which facilitate the placement and distribution of online adverts will be in scope. Promotional posts by social media influencers where they receive payment or free products will also be covered.

Social media firms, search engines and other websites will be required by law to have proportionate systems and processes to stop people being served illegal adverts, and prevent under-18s seeing adverts for products and services illegal to be sold to them. This will improve safety, transparency and consumer trust by introducing more effective action while supporting industry growth.

In due course, the government will launch a further consultation on the details of potential legislation – including its preferred choice for a regulator to oversee the new illegal paid-for advertising rules. New legislation would not affect the ASA’s remit for the content and placement of legitimate paid-for advertising online.

Ministers will this week convene a new taskforce to gather more evidence around illegal advertising and build on industry initiatives to tackle harms and increase protections for children before the legislation is introduced.

The taskforce will be chaired by Creative Industries Minister John Whittingdale and Mark Lund, the chair of the Advertising Standards Board of Finance and former president of McCann UK and Europe.

The group will include representatives from across the advertising industry, including the ASA, as well as tech trade bodies, consumer groups and the government’s Anti-Fraud Champion, Anthony Browne.

Mark Lund, chair of The Advertising Standards Board of Finance and deputy chair of the Online Advertising Taskforce, said: “UK advertising is a dynamic engine for the UK economy because it’s creative and trusted.

“So, I’m delighted to be helping lead in the task force’s role in strengthening industry’s response to illegal harms advertising and the protection of children online,  building on the long-term success of the ASA and the self-regulation system in keeping both trust and creativity at world leading levels.”

Anti-Fraud Champion Anthony Browne said: “We remain absolutely committed to fighting fraud and this is another example of the government delivering on a pledge from its pioneering Fraud Strategy.

“Eighty percent of fraud is cyber enabled and it often starts with fraudulent posts and adverts on social media. I am therefore pleased to see new measures being introduced to tackle these.

“The government will continue to work with industry, and law enforcement, to prevent fraud from happening and ensure better support is given to the public.”

NSPCC: Majority of Scots want tougher Online Safety Bill that holds tech bosses responsible for child safety

  • Survey shows public backing for senior tech managers to be held legally responsible for safety and liable if products cause serious harm to children
  • MPs, bereaved parents, and 2,192 campaigners in Scotland back calls to strengthen Online Safety Bill’s response to protecting children on social media
  • NSPCC estimates over 21,000 online child sexual offences recorded by police since legislation was delayed last summer

Four out of five (84%) adults in Scotland want senior tech managers to be appointed and held legally responsible for stopping children being harmed by social media, according to new polling of UK adults, of which 200 live in Scotland.

The survey by YouGov also found that 72% of those with an opinion in Scotland would want senior managers prosecuted for failures that resulted in serious harm to children.

The NSPCC, who commissioned the research, said the findings show overwhelming public support for tougher enforcement measures in the UK Government’s Online Safety Bill.

Currently, the legislation would only hold tech bosses responsible for failing to give information to the regulator Ofcom, and not for corporate decisions that result in preventable harm or sexual abuse.

The move is being supported by Ruth Moss, whose 13-year-old daughter Sophie died by suicide after viewing suicidal and self-harm posts and being groomed on social media.

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 Moss said: “As far as I’m concerned, where companies wilfully break the law and put the lives of children like my daughter at risk, of course senior managers should be criminally accountable. The consequences of non- compliance are life changing for children like Sophie.

“Criminal liability drives the right behaviours in those with the most responsibility. It works in other industries and there is no reason in my mind as to why big tech executives should be treated any differently.”

The Online Safety Bill has been subject to delays amid intense scrutiny in recent months as the UK Government amended elements relating to adult safety.

The Culture Secretary Michelle Donelan has repeatedly said protections for children would be strengthened and campaigners argue holding tech bosses liable for the safety of young users would send a signal of intent to Big Tech.

2,192 people in Scotland signed an open letter to Ms Donelan calling for the legislation to properly hold senior managers to account for the safety of sites children use.

Rachel Talbot, 15, from Angus in Scotland, who handed the letter into the Culture Secretary with other members of the NSPCC’s Young People’s Board for Change, said: “Far too much pressure is put on young people from such a young age to keep themselves safe online.

“Too many children are exposed to content promoting self-harm and eating disorders. It’s become a norm in our everyday lives.

“We need a Bill that is going to hold big tech firms accountable. Without it, young people are on their own. We’ve been on our own for so long online – and it’s not working.”

Some Conservative MPs are also calling on the Government to amend the Bill to hold senior managers liable for children’s safety when it returns to UK Parliament this month (January 16th).

Senior MPs including former Home Secretary Priti Patel, Sir William Cash and Miriam Cates are backing the amendment which would mean tech bosses would finally be held to account if their platforms contributed to the serious harm, abuse, or death of a child.

Campaigners say the UK risks being out of step as Irish laws passed last month will hold senior tech bosses liable for online safety changes.

But they argued that making the suggested changes would cement the UK as a global authority for children’s safety online.

Miriam Cates MP said: “It’s clear to most people that the big global tech companies are not going to wake up one day and suddenly decide to start protect children from harmful online content.

“We have seen repeated failures of Big tech to protect children from the horrors of sexual exploitation, pornography and content that draws them into self-harm and suicide, and sadly the Online Safety Bill as it stands will not stop this.

“The only way to secure the change we desperately need is to make senior directors personally responsible for failures to protect children and that’s why I urge all MPs to support this amendment to include senior manager liability in the Online Safety Bill.”

The amendment has cross-party support including from the Labour frontbench.

Shadow Culture Secretary Lucy Powell MP said: “Labour has long called for the online safety bill to be strengthened especially when it comes to the liability – including criminal liability – of social media bosses. Without these sanctions there’s a real risk that a UK regulator will be toothless.

“Yet instead of strengthening the laws, the Government has recently gutted and watered down the bill, letting social media companies off the hook and allowing harms, abuse and hate to continue.

“I welcome the campaigning work of the NSPCC to toughen this Bill.”

The NSPCC said senior managers must also be liable for preventing child sexual abuse that is taking place at a record scale online.

The charity estimates that 600 online child sexual abuse crimes will have been recorded by Police Scotland in the time the legislation was delayed in July until it is likely to pass through Parliament on January 16th.

Sir Peter Wanless, NSPCC Chief Executive, said: “2022 was the year the Online Safety Bill faced delay after delay while children faced sexual abuse on an industrial scale and tech bosses sat on their hands as their algorithms continued to bombard young users with hugely dangerous material.

“This year must be the year legislation delivers the systemic change for children online that our polling shows families up and down the UK want.

“The Government can do this by delivering bold, world-leading regulation that ensures the buck stops with senior management for the safety of our children.”