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United Kingdom Government

UK Ditches Ban On 'Legal But Harmful' Online Content In Favor of Free Speech 80

Britain will not force tech giants to remove content that is "legal but harmful" from their platforms after campaigners and lawmakers raised concerns that the move could curtail free speech, the government said on Monday. Reuters reports: Online safety laws would instead focus on the protection of children and on ensuring companies removed content that was illegal or prohibited in their terms of service, it said, adding that it would not specify what legal content should be censored. Platform owners, such as Facebook-owner Meta and Twitter, would be banned from removing or restricting user-generated content, or suspending or banning users, where there is no breach of their terms of service or the law, it said.

The government had previously said social media companies could be fined up to 10% of turnover or 18 million pounds ($22 million) if they failed to stamp out harmful content such as abuse even if it fell below the criminal threshold, while senior managers could also face criminal action. The proposed legislation, which had already been beset by delays and rows before the latest version, would remove state influence on how private companies managed legal speech, the government said. It would also avoid the risk of platforms taking down legitimate posts to avoid sanctions. [...]

The revised Online Safety Bill, which returns to parliament next month, puts the onus on tech companies to take down material in breach of their own terms of service and to enforce their user age limits to stop children circumventing authentication methods, the government said. If users were likely to encounter controversial content such as the glorification of eating disorders, racism, anti-Semitism or misogyny not meeting the criminal threshold, the platform would have to offer tools to help adult users avoid it, it said. Only if platforms failed to uphold their own rules or remove criminal content could a fine of up to 10% of annual turnover apply. Britain said late on Saturday that a new criminal offense of assisting or encouraging self-harm online would be included in the bill.
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UK Ditches Ban On 'Legal But Harmful' Online Content In Favor of Free Speech

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  • Oxymoron (Score:5, Funny)

    by Grady Martin ( 4197307 ) on Monday November 28, 2022 @08:45PM (#63087372)
    "We are banning legal content."
    "So it's no longer legal?"
    "No, it's still legal."
    "... so it's OK to have it, then?"
    "No, having it is banned."
    "So it's illegal?"
    "No, it's perfectly legal. Just banned."

    Next up on the agenda: seven red lines and a ball that must be fetched...
    • The site concerned are all privately owned. It is their choice what they accept. "Free speech" is not an issue.
      The UK government is within its rights to insist they remove illegal content.
      It is also possible for the UK government to "request" them to remove what they consider dangerous content. The sites might refuse, but then ...
      It is further possible for the UK government to make whatever rules it pleases - it makes the laws, after all.

      • Re: (Score:3, Insightful)

        by drnb ( 2434720 )

        The site concerned are all privately owned. It is their choice what they accept. "Free speech" is not an issue.

        Like many things, the phrase "free speech" has multiple definitions. One is the government centered definition you refer to, another is the societal definition where the populace (society) has a certain expectation of behavior by individuals, groups, private corporations, etc. In short, the meaning of words can be subject to context.

      • by AmiMoJo ( 196126 )

        Not that I want to defend this law, but both you and the GP have misunderstood the proposal. They don't want to ban specific stuff, they want to make it so that if say a social media platform notices a pattern of posts that could do harm, they will have to remove them.

        As an example it's not illegal to post pictures of yourself cutting your wrists, or the empty bottle of pills you just downed, or photos of your dangerously thin body. Communities exist where all that stuff is posted, and in at least one case

    • Re:Oxymoron (Score:5, Funny)

      by DJGreg ( 28663 ) on Tuesday November 29, 2022 @12:58AM (#63087696)
      This reads like a John Cleese and Eric Idle skit.
    • If it is “legal” then you are allowed to do it without threat of government punishment. But some people in power actually proposed giving themselves the power to take money from other people for content that is legal? That’s not how non-tyrannical governments work. That’s how tyrannies work. Either make something illegal and punish the transgressors, or don’t make it illegal and butt out. Classic example of wanting it both ways. “Oh no, we’re not prohibiting

    • by gweihir ( 88907 )

      Yep. And that is already down the slippery slope to full censorship quite a way. Good to see not everybody in the UK is cheering for establishing fascism there.

  • And the Brits, who still swear fealty to a king, have neither.

    • Re: (Score:3, Insightful)

      by Ormy ( 1430821 )
      And what good has the second amendment brought the US? Has it helped you protect your other constitutional rights? No it hasn't, they are being eroded just as fast as rights are being eroded in the UK, if not faster. All the second amendment seems to be doing is enabling a school shooting every other week and a huge amount of fatal shootings in general. Way to go.
      • No it hasn't, they are being eroded just as fast as rights are being eroded in the UK, if not faster.

        The opposite is true. In the US free speech rights have only expanded over the years. Exceptions for things like "fighting words" and "incitement" have been repeatedly narrowed by the courts over many decades. In the US "hate speech" is legal.

        Throughout Europe roman salutes and drunken shit talking about how much you love Hitler will land your ass in you in Jail while "platforms" are being legally compelled to determine what is and is not true.

        • by Ormy ( 1430821 )
          I wasn't talking about free speech, there are many other rights. I'm talking about the transition from a mostly open and free democracy to a corporatocracy where big business (tech industry, auto industry, military industrial complex, take your pick) buys the politicians lock stock and vote and thereby controls the entire country (and the economy) and run it purely for the benefit of their executives and shareholders at the expense of everyone else. I would have thought one of the reasons for mass gun owne
    • And in the USA where they have more guns than any sane person could ever need, they also don't have freedom of speech. Otherwise why would conservatives keep complaining about "Cancel Culture" and how they're being silenced for their political views?
      Meanwhile, in the UK they don't have to worry about their kids being shot while at school, so there's that.
      • Otherwise why would conservatives keep complaining about "Cancel Culture" and how they're being silenced for their political views?

        Do you want a list of reasons, or what?

  • This is content that is submitted to and published by private business. It is not a public space where a citizen's words come directly out of their mouths.

    • by drnb ( 2434720 )

      This is content that is submitted to and published by private business. It is not a public space where a citizen's words come directly out of their mouths.

      Excellent, then twitter, Facebook, google, etc are not newspapers and the government is free to regulate their content. Biblical style literalism saves us all.

    • by mccalli ( 323026 )
      There is more to free speech than some US legal definition.
      • There is more to free speech than some US legal definition.

        And yet few countries have freer speech than the US. If only we had more education to go with it. Heck, in general the first amendment is even held to apply to everyone– except Assange, anyway. Or a bunch of whistleblowers, for that matter...

    • So it is doubly true that the government has no business mandating that it is censored.
    • by gweihir ( 88907 )

      Bullshit. As soon as they have access for everybody and the service is primarily about publishing statements from private citizens, that is not true anymore. Remember that this is not the US with its perverted laws where company rights are concerned.

      • by nasch ( 598556 )

        Remember that this is not the US with its perverted laws where company rights are concerned.

        Are you talking about the law that says you can't hold one party liable for something an unrelated party wrote? Or something else?

        • by gweihir ( 88907 )

          Well, it seems in the US an online-platform can remove arbitrary content from its site. At least that seems to be the claim that is made here time and again. At least in Europe they cannot. They have to do that based on the TOU only. For example they cannot target specific people, unless they have violated the TOU.

          Of course it is possible this claim is bullshit for the US as well. Would not surprise me one bit, there are a lot of clueless people here now and quite a few that are not above lying directly to

  • Given Twitter has enacted similar policies and was met with a chorus of pearl clutching, I wonder how long until this is echoed? What this essentially does is enshrine into law the position that Musk took with Twitter, but makes it part of the landscape for all operations in the UK.
  • A platform that allows one person to give their opinion in a way that is not able to be challenged by opposition is not allowing free speech any more than a soap box with the entire audience gagged is free speech. Free speech cannot happen unless there is active discourse of the facts.
    • a soap box with the entire audience gagged

      I see you've read the 21st century interpretation of the bill of rights . . . we scrapped everything but 1 and 2, and 1 is less valuable against someone with 2 of 1.

      Of course, there's a supporting table where wealth modifies free speech and parts of the actual constitution for individuals or groups of individuals.

      It's kind of a THAC0-inspired setup. Only a few people understand it, but enough people have switched to it that you're kinda stuck.

  • "Britain said late on Saturday that a new criminal offense of assisting or encouraging self-harm online would be included in the bill." So, if a British citizen said that Vladimir Putin should kill himself, that would be actionable under British law? If this law existed during WW2 a Brit could not say Hitler should blow his brains out without going to prison? The Brits should be very careful to aim the bullet of this law very very carefully.
    • 1. The law on assisting or encouraging suicide is not changing, since that is already illegal. This is about extending that existing law to cover non-lethal self harm.

      2. There would seem to be no realistic probability that Putin can be cyberbullied into committing suicide (if it were that easy, Ukraine would have likely already done it), so it's doubtful that any case would get far in the courts. And that's assuming anyone brought such a case, which is again improbable.

      3. Would it actually be any great

      • So you would imprison someone who encouraged someone to go to Switzerland to die due to extreme physical damage and loss of any reasonable life after an auto accident? This really happened. As for Putin, sure, I'd like him to kill himself right now so that he doesn't cause more atrocities and even blow up the world. Wait for a trial? Really?

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