Key findings

The report suggests applying the successful principles from broadcasting regulation to online regulation. These principles include:

• Protection against harmful content and behaviour
• Protecting freedom of expression
• Advancing adaptability to changing consumer behaviour
• Ensuring transparency about regulating services and their rules
• Enforcing through meaningful sanctions that guarantee good behaviour
• Submitting to independent decision-making that enhances credibility and public trust

The report highlights major policy and voluntary initiatives in the United Kingdom and other jurisdictions designed to combat online harms, fake news, and disinformation. This report also aims to contribute to the ongoing debate about online safety and inform regulatory forums like the European Regulators Group for Audiovisual Media Services (ERGA).

The public debate around online harms

The debate centres on whether regulation is essential to address a range of problems associated with online platforms. The UK Government intends to legislate and improve online safety. Committees of the UK’s House of Commons have presented interim reports on disinformation and ‘fake news’ proposing that regulators like Ofcom should set and implement content standards, which might serve as a basis for regulating online content.

Today’s regulatory landscape

UK broadcasting is regulated by Ofcom under legislation that sets out high-level standards (i.e., “statutory standards objectives”) for broadcasters. Ofcom then translates these high-level standards into a practical application of rules, known as the Broadcasting Code.

Lessons from broadcasting regulation

Broadcasting regulations have proven effective, particularly in upholding the principles underpinning freedom of expression. However, the internet presents several challenges to the effective application of regulations:

• Scale: The volume of text, audio, and video created and shared across online platforms outstrips that of broadcasting.
• Variety of content types, voices, and opinions: Online content is more diverse than traditional broadcasts. It includes user-generated content, images, text, video and conversations between individuals.
• Role in content creation: Online platforms merely host the content created by others, making them difficult to regulate.

The report postulates that transparency and trust in online platform regulation can be improved by:

• Publishing more information about how platforms decide what content is prioritised, shown
• Enhanced transparency about the provenance of specific pieces of content
• Recording and comparing standards of service delivery by different platforms
• Harmonising regulatory approaches and standards at EU and international levels

Next steps

Ofcom is engaging with fellow regulators around potential online harms while coordinating relevant work programmes. Furthermore, the regulator is planning to hold a conference for both UK and international regulators who have expertise and remits in these topics. Such international collaboration could help identify common regulatory approaches and promote best practices.

Recommendations

The report suggests the following policy recommendations:

• Regulatory approaches should be adaptable and capable of effectively addressing changing consumer behaviour.
• Sanctions should be proportionate and meaningful.
• Regulatory agencies should maintain an independent decision-making process to promote credibility and public trust.
• Transparent regulatory regimes that inform consumers of the entity involved, its regulations, and any sanctions in place should be established.
• Regulatory standards should uphold freedom of expression.
• Efforts should be made to harmonise regulatory approaches across international borders.