OPINION - UK’s reality check: From free speech to regulation

By Murat Selvi

- The author is a researcher at TRT World Research Center based in Istanbul, Türkiye.

ISTANBUL (AA) - Western countries often advocate for unchecked big tech dominance in the name of free speech, but they are now facing the consequences themselves. As digital platforms increasingly disrupt economies, societies, and daily life, many Western governments have recognized the urgent need for regulation. Nations like Germany, France, and the United Kingdom are now implementing digital regulations that include significant penalties.

The UK's Online Safety Act was legalized on Oct. 26, 2023, after a lengthy process that began in 2019. The bill aims to keep UK citizens, especially children, safe online. It sets out duties and responsibilities for platforms. The UK communication regulator Ofcom, which is now also the online safety regulator, is leading the implementation of the regulatory framework. The Act is expected to be enforced gradually until the last quarter of 2026.

In the UK, known for its well-established democratic traditions, discussions around the bill are unfolding in a rather constructive environment. Unlike in some other contexts, Western media outlets have not opposed the regulation from the outset. Notably, the BBC, as a public service broadcaster, is not framing the debate as an infringement on free speech.

In fact, some critics contend that the current version of the law doesn't go far enough in curbing disinformation. The recent unrest and rioting in the UK have sparked demands to reassess the Online Safety Act. London Mayor Sadiq Khan criticized the law, calling it "not fit for purpose," while Cabinet Office Minister Nick Thomas-Symonds hinted that the government may consider amending the legislation to include a raft of measures relevant to the recent riots.

- Legislation is inevitable

The New Online Safety Act makes digital platforms responsible for the content they host and distribute in the UK. This means that the platforms must prevent, monitor, and remove illegal content and even harmful legal content.

The bill provides detailed guidance, including technical recommendations, on how to implement age restrictions that limit children's access to harmful content, with the aim of making the UK's online environment the safest in the world for children. Platforms must also ensure adults have more control over their online experience and protect children from inappropriate content such as pornography, self-harm, or suicide-encouraging content.

Perhaps the most important parameter in preventing digital chaos might be a user profile that allows people to choose what content they see, where only approved accounts can interact and are not at the mercy of algorithms. The bill also aims to prevent fraudulent and deceptive advertising. It has three phases: tackling illegal content, protecting children, women and girls, and setting out additional obligations for categorized digital services.

The most controversial part of the bill is the requirement for the tracking of illegal content on messaging applications such as WhatsApp, iMessage, and Signal. However, we can say that there is still some uncertainty for messaging applications within the scope of the bill. While the tech firms claim that the so-called super-secure system, "end-to-end encryption" makes this tracking impossible, government officials say that they will not impose technology that does not exist.

- Informing the public is key part of the process

On the other hand, it can be said that there is a broad consensus around the law, which stresses "the safety of children especially" at every stage. The fact that Ofcom runs very detailed, understandable, and clear consultation processes, sharing the bill's purpose and implementation steps with the public, has a big impact on this. This method can serve as an example for other countries. Besides guiding digital services to comply with the act, Ofcom also takes responsibility to improve users' knowledge, skills, and understanding of the online environment. It is important to note that no law or technological measure can guarantee complete protection, and to emphasize that digital literacy is crucial.

Only time will tell, of course, whether the bill will be enacted in its current form. What is clear, however, is that the battle for digital sovereignty between states and tech giants continues to gain momentum. In the current situation, presenting social media platforms, each of which is a for-profit commercial enterprise, as a bastion of free speech is nothing short of deceiving. There is an urgent need for the establishment of legislation, safeguards and comprehensive standards that will be for the benefit of the whole of humanity, regardless of geographical location.

While the UK's Online Safety Act marks a pivotal step in holding tech giants accountable, true digital protection requires more than just laws—it demands a strong political will, continuous public education, transparency, and a commitment to evolving alongside the challenges of the digital age.

One thing is for sure, the digital chaos that previously affected countries in the Global South has reached the shores of the West. While Western states focus on regulating their own digital landscape, perhaps they will refrain from dismissing other countries' efforts by labeling them as censorship.

*Opinions expressed in this article are the author’s own and do not necessarily reflect the editorial policy of Anadolu