Sanctions could criminalise tech giants in duty of care White Paper
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.”