UK's Online Safety Act has made 'absolutely no difference,' kids say
The UK's Online Safety Act has failed to deliver meaningful change for children's online safety, according to England's Children's Commissioner, Dame Rachel de Souza. Despite a year since the legislation's implementation, young people report little understanding of the Act and its impact, particularly regarding platform design and addictive features. De Souza is frustrated that Ofcom, the regulator, is not sharing crucial risk assessments submitted by tech companies, and is calling for stronger powers and enforcement to address emerging harms like AI and 'nudifying' apps, arguing that the current approach is reactive rather than proactive.
The UK's Online Safety Act (OSA) has not lived up to its promise of protecting children online, according to England's Children's Commissioner, Dame Rachel de Souza. Speaking before the House of Lords Communications and Digital Committee, de Souza stated that young people have little understanding of the legislation and its intended effects on their online experiences. Central to her criticism is the OSA's focus on content moderation rather than addressing potentially harmful platform design features, such as those found in 'nudifying' apps that encourage endless scrolling and addictive behavior.
UK politicians have pushed for controls on these platform design features, but no legislation has yet materialized to achieve this. De Souza is particularly ‘furious’ that Ofcom, the OSA’s regulator, is refusing to share risk assessments submitted by tech companies, despite her position as the ‘most senior safeguarding person in this country for children.’ She argues that without access to these assessments, it’s impossible to judge the effectiveness of the OSA and whether it’s keeping pace with evolving online harms.
Her frustration is compounded by the fact that the OSA appears to be reactive rather than proactive, failing to adequately address emerging threats like AI and the manipulative design of apps. She cited the proposed Meta settlement in the US, where the company is set to introduce two-hour daily limits for users under 18 on Facebook and Instagram, as an example of a more effective approach.
Ofcom’s reluctance to share information is due to section 393(1) of the Communications Act 2003, which restricts its disclosure of information obtained through regulatory functions. While Ofcom can disclose such information if the business concerned consents or if one of the statutory gateways in section 393(2) applies, this process is proving difficult and slow.
Ofcom has been actively involved in regulating the tech sector, notably during the ‘Grok nudifying furore’ and its investigations into pornography companies. However, de Souza believes that Ofcom needs to be ‘getting ahead of the harms’ and ‘using all their powers,’ including imposing ‘big fines,’ to effectively protect children. She called on UK politicians to provide Ofcom with the ‘air cover’ needed to pursue offending organizations more aggressively.