No one, not even its biggest supporters, thought that last year’s Online Safety Act was perfect. Finding a balance between free expression and digital access on the one hand, and the prevention of various kinds of harm on the other, was a hugely challenging task. The resulting legislation has been criticised as confused. But it was an important first step in regulating some of the world’s most powerful companies, and forcing them to comply with values – enshrined in laws – made in parliament and not boardrooms.
Much of the detail was left to Ofcom, the media regulator. This was a mistake by the last government, which should have adopted a broader-brush approach rooted in principle rather than process. But the narrowly technocratic code issued by Ofcom on Monday has compounded the error. Rather than filling in the gaps in the act, Ofcom has left loopholes for both online predators and the businesses that profit while enabling them. One particularly dismaying omission is measures targeted at sites promoting suicide and self-harm.
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