3 Rejected

Online Safety Act fails to adequately tackle misinformation and pervasive online harm

Conclusion
The Online Safety Act was not designed to tackle misinformation—we heard that even if it had been fully implemented, it would have made little difference to the spread of misleading content that drove violence and hate in summer 2024. Therefore, the Act fails to keep UK citizens safe from a core and pervasive online harm. (Conclusion, Paragraph 18)
Government Response Summary
The government acknowledges the potential impact of online misinformation but defends the Online Safety Act's proportionate approach, stating it focuses on illegal content and content harmful to children while balancing freedom of expression, and explains how providers are required to tackle such content.
Government Response
Rejected
HM Government Rejected
The government is committed to a safer online world and we urge providers to counter the spread of mis- and disinformation on their services. The government recognises that online misinformation has the potential to cause real-world impacts and undermine public trust in the information environment. However, tackling this issue is extremely complicated. We need to be honest that you cannot eliminate all harmful content online and a balance must be found with freedom of expression – a critical fundamental right. We recognise that mis- and disinformation is a broad, and cross-cutting issue, and we therefore think the most appropriate response is to directly address the most prevalent and concerning harms associated with it. The OSA takes a proportionate approach by focusing on the worst kinds of mis- and disinformation – that which is illegal or harmful to children. This means companies are required to tackle illegal disinformation content on their services and protect children from certain harmful mis- and disinformation. The OSA will also hold Category 1 services to account over the enforcement of their terms of service, including terms related to mis- and disinformation. The OSA’s duties will deliver greater transparency and accountability from providers, ensuring Ofcom is well informed, adult users are empowered, and companies are publicly held to account for keeping their users safe online. The strongest protections in the framework are for children, and services which are likely to be accessed by children are required to take measures to protect them from harmful content including that which doesn’t meet the criminal threshold. Under the current framework, the OSA compels Ofcom, the independent regulator, to require categorised services to produce annual transparency reports on safety related issues and the experiences of their users. The contents of these reports are at Ofcom’s discretion, but may include information about the incidence and dissemination of illegal content, content that is harmful to children and content subject to the user empowerment duties. They may also include information about the systems and processes a provider operates to deal with certain types of content, including the provider’s algorithms. Under the OSA, Ofcom also have information gathering powers which they can use to require providers to enable Ofcom to observe how their algorithms function - these powers should help keep providers accountable and enable adult users to make more informed decisions about what platforms they want to use. The OSA focuses on empowering adult users to make more informed choices about the services they use and the content they engage with. The OSA requires Category 1 services to have clear and accessible Terms of Service (ToS). Where these set out kinds of legal content for adults they don’t accept on their platforms and or circumstances in which they may ban or suspend a user. Category 1 services are required to enforce these terms, applying them consistently and transparently so that adult users can have greater assurance of the kind of experience they will have on a service. This means if a company’s ToS say that harmful misinformation content is not permitted, they should have the systems and processes to remove such content when it is reported to them by users. Although Category 1 services are required to enforce these ToS, it is ultimately their decision what legal content they do or do not allow on their platforms, reflecting the sort of space they want to create for their users. This will enable greater transparency about content, enabling adult users to make more informed choices about the services they use. The OSA’s user empowerment duties will also ensure that adult users have greater assurance of the kind of experience they will have on a service, by requiring providers to empower adult users of Category 1 services to choose whether or not to engage with legal content that encourages, promotes or provides instructions for suicide, self-harm and eating disorders, and content that is abusive, or incites hate, on the basis of race, religion, sex, sexual orientation, gender reassignment or disability.
Addressee Bodies
Department for Science, Innovation and Technology
Timeline
Recommendation age 0.9 yr
Report published 11 Jul 2025