The House of Lords Select Committee on Communications has launched an inquiry into how regulation of the internet should be improved.
Building on the work of previous inquiries, the Committee wishes to explore how the regulation of the internet should be improved, and whether specific regulation is required or whether the existing law is adequate. The inquiry also investigates whether the online platforms have sufficient accountability and transparency, and whether they use fair and effective processes to moderate content.
The Committee seeks evidence on questions including:
- Is there a need to introduce specific regulation for the internet?
- What should be the legal liability of online platforms for the content that they host?
- How effective, fair and transparent are online platforms in moderating content that they host?
- What role should users play in establishing and maintaining online community standards for content and behaviour?
- What measures should online platforms adopt to ensure online safety and protect the rights of freedom of expression and freedom of information?
- What effect will the United Kingdom leaving the European Union on the Government’s regulation of the internet?
While there is no specific regulator for the internet in the UK, a number of statutory and non-governmental organisations regulate behaviour associated with the internet. For example, the Information Commissioner’s Office has responsibility for data protection and privacy; Ofcom regulates TV-like content from on-demand programme services; and the Advertising Standards Authority is an industry body responsible for online advertising.
Online platforms have immunity under EU law from liability as a publisher for user generated content on the ground that they do not exercise editorial control. They are required, however, to remove illegal content as quickly as possible on obtaining knowledge of it. Any online platforms remove or otherwise ‘moderate’ content which does not comply with community standards. But some commentators have questioned whether such moderation is adequate to protect users and whether it is appropriate for private companies to exercise such power
The Government has taken steps to make the internet safer, shown by the publication of the Government’s Internet Safety Strategy green paper in October 2017, stating that ‘what is acceptable offline should unacceptable online’. The Government also published its Digital Charter in January 2018. This stated that government will seek to establish norms and rules for the online world.
The deadline for submissions of written evidence to the Committee is Friday 11 May 2018.
Interested parties can respond through the online form available here. Before submitting, parties must ensure the submission addresses the Call for Evidence criteria and follows the Guidance on written submissions.