Online safety vs free speech

ORIGINAL INTRODUCTION

The Online Safety Bill is causing huge concern for those who believe in free speech. But how can we protect free expression and still deal with the many problems that arise online?

The Bill has passed through the House of Commons and will now be debated in the House of Lords. There are hopes that Liz Truss’s government may amend the Bill to remove the most egregious problem with it: the attempt to force tech platforms and service providers – such as Twitter, Facebook, Google and many more – to remove content and ban users from expressing ideas or views that the government deems to be ‘legal but harmful’. However, the very idea that legislation was drafted to ban legal speech as it appears in the virtual public square – including references to sex and gender, race, eating disorders or the diverse category of ‘mental health challenges’ – says much about the current attitude among politicians and regulators.

Concerns remain at the wide scope of proposals in the legislation. It recommends new rules to control online services, including search engines and user-generated content. It will also affect privacy by constraining end-to-end encryption. The law will compel tech firms, who already regulate and remove content they have decided is ‘problematic’, to comply through fines and suspension, and requires they provide user tracking data on individuals who are considered to be breaking these laws. If and when the law is passed, it is now proposed that the lead time for compliance is reduced from 22 months to just two. Companies will have just over eight weeks from the royal assent of the law to make sure that they’re in full compliance to avoid penalties.

Despite these potentially draconian measures, there are undoubtedly new harms created by the online world. Are free-speech advocates being insensitive to what is novel about the internet as a threat? Trolling can go beyond unpleasant abuse to threats of violence. Children are far more likely to suffer at the hands of malicious bullying online than in the playground. Worse, such abuse can go viral. What do we do about child-safety concerns, viral sexting, online anonymous grooming, bad faith con-merchants and conspiracy-mongers passing off misinformation as fact? What of the potential psychological damage, particularly for those considered more socially and psychologically ‘at-risk’? Is it good enough to argue that these ‘crimes’ are already protected by existing laws?

In any event, safety issues and legislation may not even be the biggest free-speech issues online. In fact, perhaps it is Big Tech companies that have the real power. For example, Spotify has removed podcasts it deems politically unacceptable while PayPal has removed support for organisations critical of Covid policies and gender ideology.

Does the online world, warts and all, present free-speech supporters with insurmountable problems? Or is free speech a fundamental societal value that must be fought for, whatever the consequences or regardless of the challenges of any new technology?

SPEAKERS

Lord Charles Colville
Crossbench peer, House of Lords; former member, Communications and Digital Select Committee; freelance TV producer

Paddy Hannam
researcher, House of Commons; writer and commentator

Molly Kingsley
co-founder, UsForThem; co-author, The Children’s Inquiry

Graham Smith
tech and internet lawyer; of counsel, Bird & Bird LLP; author, Internet Law and Regulation; blogger, Cyberleagle

Toby Young
general secretary, Free Speech Union; author, How to Lose Friends & Alienate People; associate editor, Spectator

CHAIR
Dr Jan Macvarish
education and events director, Free Speech Union; author, Neuroparenting: the expert invasion of family life