Free Speech Protections in Online Safety Act Still Not Implemented Three Years Later, Peers Warn Labour

Free speech online is being threatened because free speech protections in the Online Safety Act have still not been implemented three years later despite the rest of the act being enforced, Labour has been warned by more than 50 senior peers. The Telegraph has the story.

In a letter to Ministers, the members of the House of Lords said key protections for free speech in the Online Safety Act have still not been implemented, even though the legislation has been in force for three years.

It meant legitimate online posts were being removed or restricted by social media platforms. They included an MP’s comments on grooming gangs, trial transcripts of offenders, calls for single-sex spaces to be protected and even accounts of a powerful Roman general.

The 56 peers – including three former Cabinet ministers – have written to Liz Kendall, the Digital Secretary, urging her to ensure the protections are enforced “without delay” so that “social media companies will take freedom of expression as seriously as Parliament intended”.

Among them are former Cabinet ministers Lord Gove, the Editor of the Spectator, Lord Lilley, a former trade secretary and Baroness Coffey, former deputy prime minister, as well as two former newspaper editors, Lord Moore of the Telegraph, and Baroness Fleet of the Evening Standard.

It has also been signed by Lord Faulks, Chairman of the Independent Press Standards Organisation, newspaper owner Lord Lebedev, Baroness Deech, former chairman of the Human Fertilisation and Embryology Authority, Baroness Spielman, former head of Ofsted, and Baroness Stowell, former chairman of the communications and digital committee.

The concerns focus on two sections in the Online Safety Act, which have not been implemented nearly three years since it passed into law.

One requires social media platforms to ensure they take into account the “importance of the free expression of content of democratic importance”, especially when it comes to the restriction or removal of content, and suspension or banning of users.

The second imposes duties on the tech firms to protect journalistic content, including a “dedicated and expedited” complaints system for individuals and organisations to challenge any “wrongful” blocks on their writings or posts.

Their introduction has been delayed because Ofcom, the watchdog, has yet to decide which platforms should be identified as “category 1” services under the Act, which would require them to introduce the protections and set up systems so that adult users can decide which content they do and do not want to see.

The letter, written and co-ordinated by Lord Young of the Free Speech Union, said this meant “we are in the invidious position where onerous duties in the Online Safety Act requiring services to restrict and remove content, and suspend and ban users, are in place, but the free speech safeguards are not”.

“The result is that material which would be protected were these protections in place is routinely being restricted or removed and users who would be protected are being penalised,” Lord Young added.

A spokesman for Liz Kendall told the Telegraph that Ofcom is responsible and Kendall is disappointed by the delay.

Worth reading in full.