Global Network Initiative’s Post

I've been tracking and commenting on the Internet Safety green paper / Online Harms White Paper / Online Safety Bill for so long that it's hard to believe it finally made it into law. But it did. And it says a long about what's wrong with our politics and our policy development. My latest piece for The New Statesman: https://lnkd.in/eJ_RGkra

The GNI has provided feedback on #Australia's exposure draft of the Communications Legislation Amendment (Combating #Misinformation and #Disinformation) Bill 2023 recently published for comment. In this submission, we detail some key concerns with the current approach — including the broad scope of companies and content in scope, privacy risks associated with information-gathering powers, and the need for additional transparency and oversight of the (ACMA). Read our full input: https://lnkd.in/eBV-qm6d

GNI expresses deep concern about the unilaterally drafted Online Safety Bill in Sri Lanka. The draft law in its current form would severely curtail #freedomofexpression and #privacyrights, and centralize power through an Online Safety Commission. We appreciate recent indications from government officials on further consultations to be potentially conducted and encourage the government to ensure they are open, transparent and inclusive. Read our full statement here: https://lnkd.in/e5xiFYeu

A fabulous podcast from my colleagues James Russell and Imogen Boffin on the Online Safety Bill, which awaits Royal Assent. Given the long time its taken for the Bill to pass through Parliament, regulator Ofcom will undoubtedly have a head start on the guidance and Codes of Practice it needs to produce. Now is a great opportunity to start to become more familiar with how the Online Safety legislation will impact your online service and consider what new processes you may need to implement. #OnlineSafety #children #AddressingHarm #RiskAssessment #ChildProtectionDuties

Online Safety Snapshot no.3: What's the test for judging illegal content under the OSA? The UK's Online Safety Act aims to combat illegal content online by placing greater responsibility on platforms to tackle it.   In-scope providers will need to make judgements about whether content is in fact illegal, for example when alerted to allegedly illegal content via a user notice.   When making these judgements, a provider must base its decision on "all relevant information that is reasonably available" to it. Using this information, the provider will need to determine whether it has "reasonable grounds" to infer that the content is illegal, which, in turn, will require consideration of whether: ✅ all elements of the offence (including the mental elements) are met; and ✅ any defence (to the possibly illegal offence) may be available.   Notably, where the relevant content has been created by an automated tool, e.g. a bot, the provider must apply the test above to a person assumed to be controlling the automated tool.   Whether this "reasonable grounds" test sets the right threshold for assessing illegality remains to be seen. If the bar has been set too low, the result may be significant over-removal of legal content. But if it has been set too high, illegal content may slip through without take-down. In any event, making these judgements will often not be easy, particularly for offences that are very context-specific.   Ofcom's illegal harms consultation launches tomorrow. Providers will be hoping that the draft analysis, guidance and codes of practice that will be published for this will provide some useful practical tips on carrying out this illegal content judgement process.   Read our recent OSA insight here: https://lnkd.in/efDkW34s   Follow #OCOnlineSafety for our full series of snapshots and look out for the next post from Chloe Deng tomorrow.

Understanding Your Rights: How Consumer Legislation Protects South Africans from Direct Marketing Intrusions In South Africa, two crucial pieces of legislation provide robust protection against the nuisances of direct marketing: the Protection of Personal Information Act (POPIA) and the Consumer Protection Act (CPA). Understanding these laws and your rights under them is essential in safeguarding your privacy and ensuring that your preferences are respected. view full article here: https://lnkd.in/diZGz9Xx

Deciphering Global Online Safety Laws: Insights from Linklaters’ Comparative Analysis In an era where digital platforms transcend borders, the challenge of regulating online harms has prompted diverse legislative responses worldwide. Linklaters’ publication “Online Harms: A Comparative Analysis” provides a crucial examination of how eight key jurisdictions are navigating this complex landscape. Australia, France, Germany, Singapore, and the United States each present unique regulatory frameworks that reflect their cultural and legal priorities. Meanwhile, the EU, Ireland, and the United Kingdom have proposed bold measures to tackle online harms proactively. The analysis reveals several common themes: Regulatory Intervention: The extent to which governments are willing to step in varies, with some opting for self-regulation by platforms and others imposing strict legal obligations. Oversight Mechanisms: The creation of dedicated bodies or empowering existing agencies to enforce online safety laws is a trend among these jurisdictions. Platform Responsibility: There is a consensus on the need for platforms to prevent and mitigate online harms, though the specifics of these duties differ. Freedom of Expression: All jurisdictions grapple with protecting this fundamental right while curbing harmful online content. The publication also highlights potential cross-border challenges, as online platforms operate globally but must comply with local laws. This raises questions about jurisdiction, enforcement, and international cooperation. As we consider the future of online safety legislation, Linklaters’ analysis serves as a valuable resource for policymakers, legal professionals, and stakeholders in crafting laws that protect users while respecting global digital freedoms. #technologylaw #righttoprivacy #dataprotection #law #legalupdates #digital #onlinesafety

Join our webinar tomorrow on the final shape of the Online Safety Act, key themes from c.1500(!) pages of Ofcom guidance on illegal content risk assessments and duties, comparison with the DSA, and Ofcom's timeline and approach to its regulatory duties and enforcement #onlinesafetyact

In January 2023, the Minister for Communications announced new legislation that would empower the Australian Communications and Media Authority (ACMA) with changes to tackle online mis- and disinformation. The new mandatory co-regulatory model will mean that the ACMA will be able to monitor and require digital platforms to take a stronger stance against misinformation and disinformation. The public is invited to make feedback on the proposed legalisation by 6 August 2023. To read the exposure draft and provide feedback head to https://lnkd.in/gnqJDuti #DigitalSafety #CombatMisinformation #HaveYourSay #OnlineIntegrity #CentreforDigitalWellbeing #OnlineSafety  

Join us on 5 December as our legal experts explore the Online Safety Act (OSA) and how it'll impact businesses: https://bit.ly/47OPemz The government expects that more than 100,000 online providers will be in scope of the Act, which aims to protect online users from illegal and harmful online user-generated content. Much of the detail around compliance under the OSA will be provided by the regulator, Ofcom, which recently published its first consultation. Our webinar will help you to understand how the Act will impact your online business and what you need to do to prepare for compliance. #OSA #OnlineSafety #OnlineSafetyAct #OnlineSafetyBill