Ofcom given legal muscle to stop tech giants shutting off debate
OFCOM is to get powers to prevent “woke” social media firms being “judge and jury” by arbitrarily removing political commentary.
The new online harms watchdog will be able to intervene to get tech giants to reinstate content of “democratic importance” and to protect “freedom of expression”.
The move is part of the Government’s duty of care bill to be announced this week in the Queen’s Speech. It comes ahead of the imminent appointment of a new chair of Ofcom, where former Daily Mail editor Paul Dacre is the frontrunner, ahead of ex-Conservative culture minister Lord Vaizey and the police watchdog Sir Tom Winsor.
The bill will hand Ofcom the task of reining in the social media giants, granting it powers to levy big fines for breaches of duty of care laws protecting children from online harms. The legal framework will also aim to “enhance” users’ rights to freedom of expression, access to journalistic content and material of “democratic importance”.
“Social media companies won’t be able to arbitrarily remove content that isn’t high-risk, illegal material. It puts more emphasis on making sure that they are not being judge and jury,” said a source. “The regulator will have powers to guard against the removal of content on free speech grounds.”
Recent controversies include a YouTube ban on Talk Radio over its outspoken presenters Julia Hartley-Brewer, a Brexiteer and lockdown critic, and comedian Mark Dolan, who cut up a face mask live on air in protest at wearing them.
YouTube claimed the station had breached its community guidelines with material that “contradicted the expert consensus” but reversed its decision amid criticism. It is understood the case strengthened Culture Secretary Oliver Dowden’s belief in the need to enshrine free speech in the new laws.
The race to chair Ofcom has proved controversial. Greg Dyke, a former BBC director-general, has claimed Mr Dacre’s “long-term antagonism towards the BBC would make him absolutely the wrong person to chair their regulator”.
Ofcom’s proposed oversight of Facebook and Google comes in addition to its existing responsibilities on the BBC, broadband and Royal Mail.
Sir Tom has long experience as a regulator of both police and rail. Lord Vaizey is viewed as a potential compromise figure. A decision could be announced within days.