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Online Safety Bill measures ‘muzzled and confused’

Jonathan Hall QC, the Independent Reviewer of Terrorism Legislation, has said that counter terrorism measures outlined in the government’s Online Safety Bill could be deemed ‘muzzled and confused’.

The watchdog has recommended that parts of the delayed law, which aims to force online platforms and media companies to find and remove terrorist content, and gives Ofcom powers to fine those who do not, are rewritten to provide ‘greater clarity’.

Much of the confusion centres around the definition of the ‘terrorism content’ that will be regulated. The bill defines it as anything where the image, words or video, or the publishing, viewing or accessing of it, ‘amount to’ a terror offence. Under the terror laws listed, content itself can never amount to an offence and Hall said that crimes must be committed by people.

Hall said: “Conduct is rarely sufficient on its own to ‘amount to’ or ‘constitute’ a terrorism offence. It must ordinarily be accompanied by a mental element and/or take place in the absence of a defence.”

The watchdog said that only three offences listed in the bill can be committed merely by possessing, viewing, publishing or sharing content, and that 19 others require extra factors.

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