UK Government Watch

Culture Secretary Nicky Morgan's made the keynote address to the Royal Television Society at the University of Cambridge. She took the opportunity to announce that the government is considering how to censor internet more in line with strict TV censorship laws.

She set the background noting how toxic the internet has become. Politicians never seem to consider that a toxic response to politicians may be totally justified by the dreadful legislation being passed to marginalise, disempower and impoverish British people. She noted:

And this Government is determined to see a strong and successful future for our public service broadcasters and commercial broadcasters alike.

I really value the important contribution that they all make to our public life, at a time when our civil discourse is increasingly under strain.

Disinformation, fuelled by hermetically sealed online echo chambers, is threatening the foundations of truth that we all rely on.

And the tenor of public conversations, especially those on social media, has become increasingly toxic and hostile.

Later she spoke of work in progress to move censor the internet along the lines of TV. She said:

The second area where we need to adapt is the support offered by the Government and regulators.

We need to make sure that regulations, some of which were developed in the analogue age, are fit for the new ways that people create and consume content.

While I welcome the growing role of video on demand services and the investment and consumer choice they bring, it is important that we have regulatory frameworks that reflect this new environment.

For example, whereas a programme airing on linear TV is subject to Ofcom's Broadcasting Code, and the audience protections it contains, a programme going out on most video on demand services is not subject to the same standards.

This does not provide the clarity and consistency that consumers would expect.

So I am interested in considering how regulation should change to reflect a changing sector.

Requirements for Video Sharing Platforms in the Audiovisual Media Services Directive

The Audiovisual Media Services Directive (AVMSD) is the regulatory framework governing EU-wide coordination of national legislation on all audiovisual media. The government launched a consultation on implementing the newly introduced and amended provisions in AVMSD on 30 May, which is available here .

One of the main changes to AVMSD is the extension of scope to cover video-sharing platforms (VSPs) for the first time. This extension in scope will likely capture audiovisual content on social media sites, video-sharing sites, pornography sites and live streaming services. These services are required to take appropriate measures to: protect children from harmful content; protect the general public from illegal content and content that incites violence or hatred, and; respect certain obligations around commercial communications.

The original consultation, published on 30 May, outlined the government's intention to implement these requirements through the regulatory framework proposed in the Online Harms White Paper . However, we also indicated the possibility of an interim approach ahead of the regulatory framework coming into force to ensure we meet the transposition deadline of 20 September 2020. We now plan to take forward this interim approach and have written to stakeholders on 23 July to set out our plans and consult on them.

This open letter and consultation sent to stakeholders, therefore, aims to gather views on our interim approach for implementing requirements pertaining to VSPs through appointing Ofcom as the national regulatory authority. In particular, it asks questions regarding:

• how to transpose the definition of VSPs into UK law, and which platforms are in the UK's jurisdiction;

• the regulatory framework and the regulator's relationship with industry;

• the appropriate measures that should be taken by platforms to protect users;

• the information gathering powers Ofcom should have to oversee VSPs;

• the appropriate enforcement and sanctions regime for Ofcom;

• what form the required out of court redress mechanism should take; and

• how to fund the extension of Ofcom's regulatory activities from industry.

Update: The press get wind of the EU censorship nightmare of the new AVMS directive

12th August 2019. See article from bbc.com

The government is considering giving powers to fine video-sharing apps and websites to the UK's media censor Ofcom.

The proposal would see Ofcom able to impose multi-million pound fines if it judges the platforms have failed to prevent youngsters seeing pornography, violence and other harmful material.

Ofcom are already the designated internet censor enforcing the current AVMS censorship rules. These apply to all UK based Video on Demand platforms. The current rules are generally less stringent than Ofcom's rules for TV so have not particularly impacted the likes of the TV catch up services, (apart from Ofcom extracting significant censorship fees for handling minimal complaints about hate speech and product placement).

The notable exception is the regulation of hardcore porn on Video on Demand platforms. Ofcom originally delegated the censorship task to ATVOD but that was a total mess and Ofcom grabbed the censorship roles back. It too became a bit of a non-job as ATVOD's unviable age verification rules had effectively driven the UK adult porn trade into either bankruptcy or into foreign ownership. In fact this driving the porn business offshore gave rise to the BBFC age verification regime which is trying to find ways to censor foreign porn websites.

Anyway the EU has now created an updated AVMS directive that extends the scope of content to be censored, as well as the range of websites and apps caught up the law. Where as before it caught TV like video on demand websites, it now catches nearly all websites featuring significant video content. And of course the list of harms has expanded into the same space as all the other laws clamouring to censor the internet.

In addition, all qualifying video websites will have to register with Ofcom and have to cough up a significant fee for Ofcom's censorship 'services'.

The EU Directive is required to be implemented in EU members' laws by 20th September 2020. And it seems that the UK wants the censors to be up on running from the 19th September 2020.

Even then, it would only be an interim step until an even more powerful internet censor gets implemented under the UK's Online Harms plans.

The Telegraph reported that the proposal was quietly agreed before Parliament's summer break and would give Ofcom the power to fine tech firms up to 5% of their revenues and/or block them in the UK if they failed to comply with its rulings. Ofcom has said that it is ready to adopt the powers.

A government spokeswoman told the BBC.

We also support plans to go further and legislate for a wider set of protections, including a duty of care for online companies towards their users.

But TechUK - the industry group that represents the sector - said it hoped that ministers would take a balanced and proportionate approach to the issue. Its deputy chief executive Antony Walker said:

Key to achieving this will be clear and precise definitions across the board, and a proportionate sanctions and compliance regime, said

The Internet Association added that it hoped any intervention would be proportionate. Daniel Dyball, the association's executive director.said:

Any new regulation should be targeted at specific harms, and be technically possible to implement in practice - taking into account that resources available vary between companies.

The BBC rather hopefully noted that if the UK leaves the European Union without a deal, we will not be bound to transpose the AVMSD into UK law.