Tech executives face the prospect of being prosecuted and sentenced to two years in prison if they obstruct investigations by Britain’s communications watchdog from next year, under a major and historic overhaul of security laws.
The government is proposing to cut the grace period for criminal prosecution of top technology managers by 22 months, from two years to just two months, meaning CIOs could be charged with crimes as early as 2023.
According to The Guardian, the changes are part of an amended online security law, which also imposes obligations on social media platforms and search engines to protect users from harmful content.
The updated legislation presented in Parliament on Thursday 17 March confirms, and advances, UK-wide proposals to fines or prison managers who fail to ensure an “accurate and timely” response to requests for information from regulator Ofcom. .
It introduces two other new criminal offenses that apply to companies and employees: manipulation of information requested by Ofcom and blocking or delaying searches, audits and inspections of control bodies. A third criminal offense will apply to employees who provide false information in interviews with regulatory bodies.
Culture Minister Nadine Dorries said technology companies had not been held accountable when harassment and criminal behavior “overflowed” onto their platforms. Referring to algorithms that adjust what users see on social media platforms – which has been heavily criticized during hearings on the bill – he added: “Given all the risks online, it is time we ensure similar basic safeguards for the digital age. If we fail to act , we risk compromising the well-being and innocence of countless generations of children with the unchecked power of algorithms.”
The obligation to comply with the law applies to Internet companies that host user-generated content – such as Twitter, Facebook, and TikTok – and to search engines such as Google.
The bill, which is expected to go into effect by the end of the year, would also allow watchdogs to block sites and apps.
Other changes in the bill include the ability for users of major social networks to block anonymous accounts, in a move aimed at fighting online trolls. Major tech companies must submit a “risk assessment” to Ofcom detailing how their platforms could harm users – including how their algorithms work – and the systems they have in place to prevent such harm.
Dorries told British television channel ITV on Wednesday 16 March: “Algorithms are causing the damage, so this bill will force those platforms to show those algorithms to our regulators so they can detect where the damage is damaging and hold those platforms accountable.”
The bill would free news publishers and journalists’ content from censorship, though Dorries clarified on Wednesday that all journalistic content would be protected “as long as it’s legal.” Platforms that intend to remove journalistic content must notify their withdrawal and allow appeals against it, Dorries added. The bill also contains provisions protecting content of “democratic interests”, designed to protect political debate.
Companies that break the law face fines imposed by Ofcom of up to 10% of global turnover. The Guardian cited the case of Meta, the owner of Facebook, who had to pay a fine equivalent to $12,000 million if he violated the law. Facebook is a company that has traditionally stood out for repeated infringement and invasion of privacy, and favors highly harmful content. Starting next year, Facebook habits will be criminalized, at least in the UK.
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