Future amendments for the Lords
More Crimes
The Government has announced that a number of new offences will be introduced in the Lords:
- Encouraging or assisting serious self-harm: the Government has accepted the Law Commission’s recommendation
- Sharing of people’s intimate images without their consent, also based on We assume this will include offences relating to sharing deepfake pornography but as yet this is not clear.
The Government will also add the controlling or coercive behaviour offence to the list of priority illegal offences.
A further package of offences has been announced by the Ministry of Justice which appear to be separate to the Bill but are likely to include “downblousing”: “additional laws to tackle a range of abusive behaviour including the installation of equipment, such as hidden cameras, to take or record images of someone without their consent.”
Senior Management Liability
As a result of the threat of a backbench rebellion at January report stage in support of the amendment tabled by Bill Cash and Miriam Cates, a concession was made to introduce a Government amendment in the Lords (at ping pong stage) to add senior management criminal liability for failures to comply with the regime to the Bill. We have yet to see the detail of this amendment but Minister Scully, at Report, said that it would be based on the Irish Online Safety and Media Regulation Act 2022 and capture instances where senior managers “have consented or connived in ignoring enforceable requirements, risking serious harm to children”.
Small boats
A more unexpected concession to backbench pressure in the Commons was the Government’s promise to add to the list of priority illegal content (in Schedule 7) videos showing migrants crossing the Channel in small boats “in a positive light” on the grounds that these aid and abet immigration offences.
Transparency and Other Provisions
The Government is proposing that the largest platforms should publish summaries of their risk assessments for illegal content and material that is harmful to children. These amendments will be introduced in the Lords. See above for our concerns about the lack of the risk assessment for harms to adults and the impact that has on transparency for OFCOM and for users of the service.
Statutory consultees
The Children’s Commissioner, Domestic Abuse Commissioner and the Victim’s Commissioner will be added as statutory consultees for OFCOM when developing guidance and codes, through amendments in the Lords.
Disinformation
The Government, back in its WMS of July 2022, promised an amendment in the Lords to provide a ‘bridge’ between the National Security Bill and the Online Safety Bill. This amendment to the National Security Bill will designate the offence of Foreign Interference as a “priority offence” in Schedule 7 to the Online Safety Bill. This will capture state-sponsored disinformation. See our discussion above on the lack of mis/disinformation provisions more generally.