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St Giles - National Safeguarding Youth Forum 19.06.23

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Here you can find all the top line information covered in the policy landscape briefing

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NSPCC briefing

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Government overview of the provisions

https://www.gov.uk/guidance/a-guide-to-the-online-safety-bill#:~:text=The%20Bill%20will%20force%20social,will%20need%20to%20remove%20this.

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A guide to the Online Safety Bill

What the new internet safety laws mean for adults and children.

The Online Safety Bill is a new set of laws to protect children and adults online. It will make social media companies more responsible for their users' safety on their platforms.

How the online safety bill will protect children

The Bill will make social media companies legally responsible for keeping children and young people safe online.

It will protect children by making social media platforms:

remove illegal content quickly or prevent it from appearing in the first place. This includes removing content promoting self harm

prevent children from accessing harmful and age-inappropriate content

enforce age limits and age-checking measures

ensure the risks and dangers posed to children on the largest social media platforms are more transparent, including by publishing risk assessments

provide parents and children with clear and accessible ways to report problems online when they do arise

How the online safety bill will protect adults

The Bill will protect adults in three ways through a 'triple shield'.
Platforms will need to:

1. Remove all illegal content.

2. Remove content that is banned by their own terms and conditions.

3. Empower adult internet users with tools so that they can tailor the type of content they see and can avoid potentially harmful content if they do not want to see it on their feeds. Children will be automatically prevented from seeing this content without having to change any settings.

Types of content that will be tackled

Illegal content

Some content that children and adults encounter online is already illegal. The Bill will force social media platforms to remove all illegal content, stopping children and adults from seeing it.

The Bill is also bringing in new offences, including making content that promotes self harm illegal for the first time. Platforms will need to remove this.

This is not just about removing existing illegal content, it is also about stopping it from appearing at all. Platforms will need to think about how they design their sites to reduce the likelihood of them being used for criminal activity in the first place.

Illegal content that platforms will need to remove includes:

child sexual abuse

controlling or coercive behaviour

extreme sexual violence

fraud

hate crime

inciting violence

illegal immigration and people smuggling

promoting or facilitating suicide

promoting self harm

revenge porn

selling illegal drugs or weapons

sexual exploitation

terrorism

Harmful content

Some content is not illegal but could be harmful or age-inappropriate for children. Platforms will need to prevent children from accessing it.

Harmful content that platforms will need to protect children from accessing will include:

pornographic content

online abuse, cyberbullying or online harassment

content that does not meet a criminal level but which promotes or glorifies suicide, self-harm or eating disorders

The online safety laws will mean social media companies will have to keep underage children off their platforms.

Social media companies set the age limits on their platforms and many of them say children under 13 years of age are not allowed, but many younger children have accounts. This will stop.

Different technologies can be used to check people's ages online. These are called age assurance or age verification technologies.

The new laws mean social media companies will have to say what technology they are using, if any, and show they are enforcing their age limits.

Adults will have more control over the content they see

The largest platforms will be required to offer adult users tools so they can have greater control over the kinds of content they see and who they engage with online. This includes giving them the option of filtering out unverified users, which will help stop anonymous trolls from contacting them.

The largest platforms will have to provide adult users with tools to help reduce the likelihood that they will encounter certain types of content that will be set out in the Bill. Examples include content that does not meet a criminal threshold but promotes or encourages eating disorders or self harm, or is racist, anti-semitic or misogynistic.

The Bill will already protect children from seeing this content.

The tools must be effective and easy to access and could include human moderation, blocking content flagged by other internet users or sensitivity and warning screens.

The Bill will tackle repeat offenders

These laws will require all social media companies to assess how their platforms could allow abusers to create anonymous profiles, and take steps to ban repeat offenders, preventing them from creating new accounts and limiting what new or suspicious accounts can do.

How the Bill will be enforced

We are putting Ofcom in charge as a regulator to check platforms are protecting their users.

Platforms will have to show they have processes in place to meet the requirements set out by the Bill. Ofcom will check how effective those processes are at protecting internet users from harm.

Ofcom will have powers to take action against companies which do not follow their new duties. Companies will be fined up to £18 million or 10 percent of their annual global turnover, whichever is greater. Criminal action will be taken against senior managers who fail to follow information requests from Ofcom.

In the most extreme cases, with the agreement of the courts, Ofcom will be able to require payment providers, advertisers and internet service providers to stop working with a site, preventing it from generating money or being accessed from the UK.

How these UK laws impact international companies

Ofcom will have the power to take appropriate action against all social media and tech companies, no matter where they are based, if they are accessible to UK users.

The next steps for the Bill

The new laws are currently going through parliament and will be in place once they finish their passage. The Department for Digital, Culture, Media and Sport is working closely with Ofcom to lay the groundwork for the laws to be enforced once they are introduced.

We will take a phased approach to bringing in the Online Safety Bill's duties as Ofcom's powers come into force.
Ofcom will initially focus on illegal content, to address the most serious harms as soon as possible.

Find out more
See more information about online safety, including learning materials and advice for staying safe online.

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The Online Safety Bill is a new set of laws to protect children and adults online. It will make social media companies more responsible for their users' safety on their platforms.

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https://www.dacbeachcroft.com/en/gb/articles/2023/march/the-uk-s-online-safety-bill-what-s-next/

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The UK's Online Safety Bill: What's next?

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At the end of January 2023, nearly fifty Conservative MP's supported back-bench proposals which lead to further amendments to the OSB. The rebellion wanted to see higher enforcement action for those who fail to protect children, in particular, from damaging content online.

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https://www.taylorwessing.com/en/interface/2022/the-online-safety-bill---the-uks-answer-to-addressing-online-harms

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The Online Safety Bill will regulate illegal and harmful digital content, largely focusing on user-generated content. Originally published in May 2021, a revised version was presented to Parliament in April 2022. The reach of the Bill has widened in some areas and includes a range of new offences. Compliance will be a significant challenge for those in scope. We take a detailed look at what the OSB covers, who is caught by it, and at what compliance and enforcement will involve.

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The Online Safety Bill - the UK's answer to addressing online harms

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The Online Safety Bill will regulate illegal and harmful digital content, largely focusing on user-generated content. Originally published in May 2021, a revised version was presented to Parliament in April 2022. The reach of the Bill has widened in some areas and includes a range of new offences.

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Reminder about "professional" language and how it can impact on how we see young people and affect relationships with them

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How London Street Gangs Actually Work | How Crime Works | Insider - YouTube

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Government Response to Recommendations of the Independent Inquiry into Child Sexual Abuse - Clyde and Co

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Recommendation 13: Mandatory reporting

The Inquiry recommends that the UK government and Welsh Government introduce legislation which places certain individuals – ‘mandated reporters’ – under a statutory duty to report child sexual abuse where they:

·        receive a disclosure of child sexual abuse from a child or perpetrator; or

·        witness a child being sexually abused; or

·        observe recognised indicators of child sexual abuse.

The following persons should be designated ‘mandated reporters’:

·        any person working in regulated activity in relation to children (under the Safeguarding and Vulnerable Groups Act 2006, as amended);

·        any person working in a position of trust (as defined by the Sexual Offences Act 2003, as amended); and

·        police officers.

For the purposes of mandatory reporting, ‘child sexual abuse’ should be interpreted as any act that would be an offence under the Sexual Offences Act 2003 where the alleged victim is a child under the age of 18.

Where the child is aged between 13 and under 16 years old, a report need not be made where the mandated reporter reasonably believes that:

·        the relationship between the parties is consensual and not intimidatory, exploitative or coercive; and

·        the child has not been harmed and is not at risk of being harmed; and

·        there is no material difference in capacity or maturity between the parties engaged in the sexual activity concerned, and there is a difference in age of no more than three years.

These exceptions should not, however, apply where the alleged perpetrator is in a position of trust within the meaning of the 2003 Act.

Where the child is under the age of 13, a report must always be made.

Reports should be made to either local authority children’s social care or the police as soon as is practicable.

It should be a criminal offence for mandated reporters to fail to report child sexual abuse where they:

·        are in receipt of a disclosure of child sexual abuse from a child or perpetrator; or

·        witness a child being sexually abused.

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Guardian article
Illegal Migration Bill breaches human rights obligations, MPs and peers warn - BBC News

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The Illegal Migration Bill breaches a "number of the UK's human rights obligations", MPs and peers have said.

The bill, which aims to deport those arriving in the UK without permission, would deny the majority of refugees any access to the asylum system, the Joint Committee on Human Rights said.

Children and victims of trafficking and modern slavery would be impacted, chairwoman Joanna Cherry added.

The government said it took its international obligations seriously.

However, it has faced criticism from opposition parties and charities, who argue the bill is unworkable and could breach international law.

The legislation, intended to try to stop people crossing the English Channel in small boats, has already passed the Commons but has run into strong opposition in the House of Lords.

It would give ministers the power to remove anyone arriving in the UK illegally, and migrants would then be barred from claiming asylum.

Instead they would be detained and removed, either to Rwanda - with which the UK has an agreement - or another "safe country".

The bill would enshrine in law broad detention and search powers, and deny protections to modern slavery victims, as well as removing the right of appeals following age assessments.

Most asylum seekers arriving in the UK irregularly and indirectly after the legislation is passed would have their claim "declared inadmissible", the committee's report, Legislative Scrutiny: Illegal Migration Bill, says.

Ms Cherry, an SNP MP and a barrister, said the most vulnerable would be disproportionately affected.

"They will also be subject to detention without time limit and removal from the UK irrespective of the merits of their claims," she said.

"By treating victims of modern slavery as 'illegal migrants' subject to detention and removal, this bill would breach our legal obligations to such victims and would risk increasing trafficking of vulnerable people."

She added that most people fleeing persecution or conflict currently have "no safe and legal way of getting here".

The committee chairwoman also highlighted that Home Secretary Suella Braverman had taken the "unusual step of making a statutory declaration under the Human Rights Act that she was unable to state that the bill was compatible with the European Convention on Human Rights (ECHR)" when she introduced the bill to Parliament.

"However, she has stated elsewhere that the bill is compatible with international law. We disagree.

"Having carried out legislative scrutiny of the bill, it is overwhelmingly clear that it breaches a number of the UK's international human rights obligations including the ECHR, and risks breaching others."

The government has said the plans are central to achieving Prime Minister Rishi Sunak's pledge to stop small boat crossings - one of his five key priorities.

The Home Office also argued that excluding children and modern slavery victims from the scope of the bill could provide "incentives" to human traffickers.

A spokesperson said: "It is not compassionate to allow people to die in the Channel.

"We cannot allow a system to continue where people are incentivised to make dangerous, illegal and unnecessary journeys to the UK, which is why the Illegal Migration Bill will see people who enter the country swiftly returned home if it is safe or removed to a safe third country."

They continued, saying the legislation would send "a clear message that the exploitation of people ferried across the Channel must end", adding: "We remain committed to ensuring the bill passes through Parliament as soon as possible so we can stop the boats."

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Illegal Migration Bill breaches human rights obligations, MPs and peers warn

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Most refugees coming to the UK would be denied access to the asylum system under the law, MPs and peers warn.

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Call for evidence: trafficking of young people with SEND

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Call for evidence: trafficking of young people with SEND

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University of Portsmouth are carrying out two online consultations with frontline organisations to better understand the barriers to protecting children and young people with special educational needs and disabilities from traffickers within the UK. The online multi-agency consultations will be held on 5 and 6 July 2023.

Internal trafficking and exploitation of CYP with SEND

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Podcast: brain alterations and link with suicide ideation in adolescents

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Podcast: brain alterations and link with suicide ideation in adolescents

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Associated brain alterations and future suicide ideation in female adolescents and young adults with mood disorders

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Guide: Parent arrested for accessing child sexual abuse

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Guide: Parent arrested for accessing child sexual abuse

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Managing risk and trauma after online sexual offending