Tech executives who “collusion” to ignore regulatory warnings to protect children from harm online face up to two years in jail under changes to landmark legislation announced by the government.
The secretary of culture, Michelle Donelan, confirmed that the online security bill would be changed after pressure from Conservative MPs. The new provision will target senior managers of technology platforms who ignore enforcement notices from Ofcom, the communications watchdog, about non-compliance with child safety obligations under the law.
Under the bill, technology companies, including social media companies and search engines, have a duty to protect children from harmful content, such as material that promotes self-harm and eating disorders.
Donelan said the change would capture cases where senior management had “consented or colluded to ignore enforceable requirements, risking serious harm to children.” He said it would not affect executives who “acted in good faith” to protect children, amid warnings from tech firms that threatening executives with jail could harm investment in the UK.
“While this amendment will not affect those who have acted in good faith to comply in a proportionate manner, it gives the law additional force to bring about change and ensure that people are held accountable if they fail to adequately protect children,” he said.
Under another change to the bill, video footage showing people crossing the Canal in small boats in a “positive light” will be added to a list of illegal content that all technology platforms must proactively prevent from reaching the users. Donelan said posting positive videos of crossings could aid and abet immigration crimes. Natalie Elphicke, the Conservative MP for Dover, had originally tabled an amendment proposing the change.
Both amendments will be tabled when the bill passes to the House of Lords after its third reading in the House of Commons on Tuesday. The bill also imposes a duty of care on technology companies to protect users from illegal content, such as child sexual abuse and terrorist material. Businesses found to be in breach of the law could face fines of up to £18m or 10% of global turnover.
A UK tech industry lobby group said it was pleased with the responsibility shift, which was brought forward by the government after it faced defeat over a similar amendment backed by Conservative MPs including former leader Iain Duncan Smith. and former Interior Minister Priti Patel. . Donelan has said the amendment will be based on a provision in Ireland’s Online Safety Act 2022.
Antony Walker, TechUK Deputy CEO, said: “Any top management accountability proposal must be clear, proportionate and actionable. We are pleased that the government has recognized this.”
