The world is waking up to the risks posed by harmful content online and governments, society and tech firms have all recognised that there is a need for regulation.
However, as more governments are stepping in to protect users against online harms, tech firms with users across the globe are facing significant compliance challenges and the importance of complementary, rather then competing, international regimes is becoming very apparent.
Problem in context: The UK and EU story
The UK and EU are two jurisdictions that are proposing to introduce regulation to protect users from harmful content online. In addition to publishing their proposals on the same day, (whether intentionally or otherwise), there are clear similarities between the two regimes. For example, they both focus on systems and processes rather than content moderation and both place additional obligations on the largest platforms. However, the regimes are by no means completely aligned. For example, the UK approach is more focused on categorisation, with relevant duties depending on the type of harm and type of company in question.
The commonalities and differences between the two regimes were the focus of a recent techUK webinar, which featured speakers from both Ofcom (the UK regulator) and the EU Commission. Despite clear common objectives, challenges and (in some cases) approaches in the battle against online harms, it was acknowledged that there will necessarily be divergence between different regimes given the differing priorities of national governments. However, whilst regimes are unlikely to be very closely aligned, there is an acceptance of the need to ensure that they are coherent and compatible.
One part of the puzzle: A global outlook
While comments from the techUK webinar may bring some comfort to tech firms, the intersection of the UK and EU regimes is only one part of the puzzle as firms will be required to grapple with differing requirements across numerous jurisdictions.
To help tech firms understand the intersection of key online harms regimes around the globe, we will shortly be releasing our flagship thought leadership piece - Online Harms: A comparative analysis. In the publication we compare and contrast the approach that eight jurisdictions are taking or planning to take to regulating online harms and identify the key themes and trends that we see in this area. Watch this space …
Platforms will want to identify the key areas of divergence between the EU and the UK’s regimes and consider how they will comply with both once the regimes come into force.
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