The UK government has stated that it will not utilize powers in the Online Safety Bill to scan messaging apps for harmful content, citing the lack of existing technology to do so. Lawmakers have confirmed that a clause in the upcoming online safety laws, which would have allowed regulators access to private messages sent using end-to-end encryption, will not be enforced. Tech companies like Signal have hailed this development as a victory, although concerns persist that encryption-breaking surveillance could still be introduced in the future.
The bill, currently in its final stages, grants the communications regulator Ofcom the power to regulate the internet. Lord Parkinson stated that if the necessary technology does not exist to meet the requirements, Ofcom will not be able to enforce clause 122, which would have required its use. Lord Parkinson added that the bill aims to establish a regulatory framework to ensure internet safety, particularly for children.
Conservative Peer Lord Moylan has expressed concerns about handing powers to unaccountable regulators, deeming it offensive to democratic principles. Activists, including Amnesty International, have referred to Clause 122 as a “spy clause” due to fears that it could lead to mass surveillance of private digital communications. WhatsApp and Signal have long voiced concerns about the bill’s impact on user privacy and security, and they have threatened to leave the UK.
While the latest development is seen as a positive step, activists and tech companies hoped that the protections would be explicitly outlined in the law itself. In March, Signal’s President, Meredith Whittaker, warned about provisions in the bill that could undermine encryption and result in mass surveillance.
The forthcoming bill will still require major social media platforms like Google, Twitter (now known as X), and Facebook (now Meta) to adhere to a code of conduct overseen by Ofcom. They will be obligated to remove “legal, but harmful” content. The bill also addresses the issue of underage children using social media, with Technology Secretary Michelle Donelan stating that firms must deactivate these accounts or face fines. Ofcom found that a significant percentage of children below the minimum age requirement already have social media profiles.
Donelan emphasized the importance of setting children up for success and expressed concern about young children accessing inappropriate content. Social media companies found allowing underage users could face substantial fines and potential criminal liability.