Draft Online Safety Bill. Written evidence submitted by the British and Irish Law, Education and Technology Association (BILETA) (OSB0073)

Citation

Barker K, Noto La Diega G, Flaherty R & Diker Vanberg A (2021) Draft Online Safety Bill. Written evidence submitted by the British and Irish Law, Education and Technology Association (BILETA) (OSB0073). BILETA. London. https://committees.parliament.uk/writtenevidence/39201/html/

Abstract
The British and Irish Law Education Technology Association (BILETA) was formed in April 1986 to promote, develop and communicate high-quality research and knowledge on technology law and policy to organisations, governments, professionals, students and the public. BILETA also promotes the use of and research into technology at all stages of education. The present inquiry raises significant questions relating to the proposed Online Safety Regime, the intended regulatory body, and the scope of content within the measures proposed by the Bill. The present call for evidence raises technological and legal challenges that our membership explores in their research. As such, we believe that our contribution will add significant value to the scrutiny of the Draft Online Safety Bill. Summary (i) We agree that there is a need to address the regulation of online speech, and online content. We also accept, and are supportive of the need to enhance protection of vulnerable users online. (ii) That said, we have some serious concerns over the proposed Draft Online Safety Bill (OSB), both in terms of its substantive aim, but also it's likely practical implications. (iii) The policy intention is clear, but it is not similarly clear as to how it is intended that this legislation will operate in practice. (iv) The Draft OSB lacks clarity in relation to how it will operate in relation to some elements of free speech, especially in the areas of democratic and journalistic content. (v) It is our view that the Draft OSB is a work in progress at best, and poses significant risks to content, but also expression rights. We also retain concerns as to the choice of regulatory body, and the likely enforceability requirements that will be needed. PLEASE CITE AS Kim Barker, Guido Noto La Diega, Ruth Flaherty, and Aysem Diker Vanberg, ‘Draft Online Safety Bill. Written evidence submitted by the British and Irish Law, Education and Technology Association (BILETA) (OSB0073)’ (UK Parliament, 28 September 2021)

Keywords
online safety; internet regulation; digital platforms; duty of care; OFCOM

People

Professor Guido Noto La Diega

Professor, Law

• BILETA Draft Online Safety Bill