The Daily Telegraph

Sanctions could criminalis­e tech giants in duty of care White Paper

- By Charles Hymas HOME AFFAIRS EDITOR

SOCIAL media companies will face criminal sanctions for failing to protect children from online harms, according to drafts of the Government’s White Paper circulatin­g in Whitehall.

A corporate offence is being considered “as an option” in plans for a tough regulator with powers to force tech giants to remove illegal content and police legal but harmful material.

A source said: “They see criminal sanctions as desirable and as an important part of a regulatory regime. There’s a recognitio­n, particular­ly on the Home Office side, that this needs to be a regulator with teeth.”

One issue would be to satisfy ministers it could be applied to non-uk companies like Facebook and Youtube. “The belief is that you can,” he said.

The White Paper, to be published mid-march, followed by consultati­ons, is not expected to lay out as definitive a plan as previously hoped. A decision on whether to create a new regulator or use Ofcom is expected to be left open.

A Whitehall source said: “Criminal sanctions are going to be put into the White Paper as an option. We are not necessaril­y saying we are going to do it but these are things that are open to us.”

They will be allied to a system of fines campaigner­s want to be of a similar size as those for breaches of data laws, possibly amounting to €20 million.

The legislatio­n is likely to be modelled on a statutory duty of care on social media firms, which Jeremy Wright, the Culture Secretary, has said he is “seriously considerin­g”. The Daily Telegraph has been campaignin­g for such a duty to force the tech giants to do more to protect children from online harms.

Ministers have yet to sign off the White Paper, but it is expected to propose a list of “social and personal but not economic” harms, ranging from those that are illegal – such as child abuse imagery and terrorist material – to harmful but legal – such as cyber bullying and promoting self-harm.

Mr Wright, who has a 13-year-old daughter, said this week he was especially focused on ensuring tech firms enforced minimum-age standards. He also indicated the Government would fulfil a manifesto commitment to make the tech firms fund the new regulator.

Mr Wright met heads of social media companies in the US, including Mark Zuckerberg, Facebook’s founder. Mr Wright said: “There is a good understand­ing the UK Government wants to keep its citizens safe online and will be putting in place structures that no longer rely on self-regulation.”

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