Question to the Department for Science, Innovation & Technology:

To ask the Secretary of State for Science, Innovation and Technology, if she will make an assessment of the potential implications for her policies of the recommendations on the inclusion of (a) human rights and (b) due process principles in Ofcom guidance to companies relating to the Online Safety Act 2023 in the article by The Open Rights Group entitled A dangerous precedent for global censorship, published on 4 March 2024.

The government recognises the importance of upholding users’ rights to free expression and privacy online. This is why the Online Safety Act 2023 has built strong safeguards for freedom of expression and privacy into the legislative framework. For example, all providers are required to give particular regard to the importance of protecting users’ freedom of expression and privacy rights when implementing measures to comply with their new safety duties. In addition, major online platforms – known as Category 1 services under the Act - will be required to put in place particular safeguards for journalism and content of democratic importance, in recognition of their influence over public discourse.

Ofcom’s public consultation for the illegal content duties closed in February 2024 and organisations such as the Open Rights Group were able to provide feedback on Ofcom’s proposals. As a public authority, Ofcom must act in accordance with its public law duties to act lawfully, rationally and fairly. It is unlawful for Ofcom to act in a way which is incompatible with the European Convention on Human Rights, including with regard to individual’s’ rights to freedom of expression and privacy. Ofcom must abide by these principles when developing its regulatory codes of practice and guidance for services.