COMMENT BY: Mark Jones, Partner at Payne Hicks Beach
“Ofcom’s [recent] statement [has highlighted] the lack of power it has to stop the spread of lies. Instead, Ofcom’s focus will be on the rules on content moderation and the removal of illegal content.
Importantly, Ofcom can’t require tech companies to have policies of disinformation, only on content moderation. It was disinformation that fuelled the riots seen across the country a few months ago.
Delay is a real issue here. The Online Safety Act was introduced in 2023, yet Ofcom won’t be in a position to deal with the new powers it has until some point in 2025. Whilst Ofcom chief executive Melanie Dawes says that nobody “wants a regulator that shoots from the hip”, I think most people would want to see a regulator that has an arsenal of weapons ready to be used when necessary. Instead we are to wait until some point in 2025 for the weapons in Ofcom’s possession to be ready for use.
If Dawes is right, then we should expect to see Ofcom taking “really fast” action against tech companies next year. Time will tell whether or not such “really fast” action actually happens.”
To read the full article from Ed Fennell, click here: https://www.thelegaldiary.co.uk/edward-fennells-legal-diary-34/
